Act, 1987 Keyword(S): City of Coimbatore

The Madras City Police (Extension to the City of Madurai and to the City of Coimbatore) Act, 1987

Act 32 of 1987

Keyword(s): City of Coimbatore, City of Maduraj, City Police Act, Law in Force

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TAMIL NAIXT GOVERNMENT GUErTB L:X*L.HAO1"UIdr\KY 171 -.IIckq. --I--=---.-. --- Nu ..-a- -r--. I, --. ------C------I- -- - - The followi~lgAct of the Tamil Nadu Lcgislativc Asscmbly

received the arszllt 01; the Governor on thc 21st July 198'7 and is hereby published Tor general information :- ?II ACT No. 32 OF 1987 Ail Act to extcnd the pro~.isionsof the 1A4ndra.s City Police Act, 1888 to the City of Madurai and to the City of Coimbatorc. I I

BE it enacted by the Legislative Assembly of the State of Tamil Nadu In the Thirty-eight11 Year of the Republic of India as follows :-

1. Skort trtfe and commencement.-413 This Act may be called the Madras City Police (Extension to the City of Madurai and to the

City of Coinlbatcrc) Act, 1987. ' t

(2) It shall come into force on such date as the Stat6 . Government mayzy,by notification, appoint. ( 2. Definitions.--.-In this Act, unless the context otherwise re- quires,-

(1 ) " appoint :d day " means the date appointed under sub- section (2) of seciion 1 for the coming into force of this Act;

(2) " City of Coimbatorc " gcans the City of Coimbatore as defined in clause (9) of section 2 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu &t 25 of 1981);

(3) " City of Madurai '' Incans the City of Madurai as defined 11.1 clausc (9) of section 2 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) ;

(4) " City Police Act" means the Madras City Polic2 Act, 1888 (Tamil Nadu Act 111 of 1888) ;

" (5) " Government means the State Government ; I /A Group) IV-2 Ex. (458)-2 $72 ~Afill~NAUU GOV~~RNME~NTGAZE TYE EX'rRAORDINhRY v --.-Lon - r- - .Ll?- - - --

(6) "law in force " incllides any enactment, Ordinancq regulation, order, by-law, rtle, scheme or notification in force in the whole or in any part of the stat^ of Tamil Nadu gr any instrument having the fonce of law in the whole or in any part of the State of Tamil Nadu, .

3. Extensi~nof Tamil Nadu Act !I1 of 1988.-(1) With effect on and from the appointed da,y, the City Police Act as in force immediately before ihe appointed day, shall stand extended to, and shd be in force, in the City of hlaciurai and in the City of Coimbatore.

(2) In the City Police Act as extended to the Cities of Madurai and Cobbatore, -- . r (a) any refere ~ceto the City of Madras (other than the reference in section 3),, shall by reason of this Act, be construed as a reference1 to the City of Madurai, or ai the case may be, the City if ~oimbatore; t

(b) any reference to Presidency Magistrate shall, by reason of this Act, be construed as a reference to Judicial Magistrate ;

(cy any reference to the Commissioner of Polic? for Madras, shall, by reason of this Act, be construed as a reference to the Commissioner of Police for Madurai, or as the case may be, the Commissioner of Police for Coimbatore.

4. Power of Government to cruthorzse Commiisioner of Police kd certain other police oficers in the Citicr of Madurai and .Coimbatore to exercise powers of (District Mogistrntcs and Executive Magistrates under the Code of Crirninal Procedure, 1973,- '(1) Without prejudice to the provisions contained in sectim 7 of the City Police Act, the Goverqment may, hv notification, and subject to such conditions and limitation as may be specified thereh, empower-

(a) the Commissbner of Police for Madurai or the COm& sioner of Police for Coimbatoro, to exercise and perfom in re

- v 8, '1 : GAYIS! 1 1 11litl)ENAl(.c I .%MIL N1?!Ji CiijVFKNhl ENT f'r I. 173 egu- the to the City of Macturai, or cs the case may bc, tllc City al Coiinbatore the powers and duties of an Executivc fi~lagistr-sic: an(! of a District nent Xlagistrate uncicr sdch of' Ihe pr~>t;is~on:;(11' tl~cSoc!c of Cri~linal

:e of Procedure, 1973 (icnsira! Act 2 kj!' 1 $ /4) (hrdlc::!: ici. ill this section reterrcd to as tlie said Code) or. ok an) othc~:law iil force relating to matters with respect to which the State i,cgis'uture has powei to make laws i'or the State, as may be specificct in the notification ;

(h) a11 jl of-iicer su bodinate to tile Coll~i-rlissionerof Policq in the City of hkdurai, ar as the case may bc, i~?r?.e City of Coin~batore (not being an officer below the rank of an Assistant Commissioner of Police) to exercise and perform in relation to the City of Madurai, or as the case may be, ibe City of Coimbato~c:,as may be specified in the notification, tlie powers and duties oi a11 Execuiive Magistrate under such uf the provisions of the sakb Code or oi any other law in force relating to matters with respa:: :il wnic!~ ii~eState Legisla- the ture has power to lnahe laws fur the Stxie, :is inay be ;peci5ml in the 1 as aotification. Citv . (2) Every officer subordinate to the Cylioissi~i,esof Police 31 the City of Matlurai, or as the case may kc, in the City of Coiinbatore shall, in the exercise anci p~rforinailceof any powers and dotics urhicli he is ~-lll?owii.L,lto .:~c:.. .; , , under sub-section (11, be subjcct lo iire gencral control of the respective Comnlissic?nc~oi' I~olicc in tl;~ 2.. . : he same dras, extent as an Execuiive Magistrate appoi~itcd o:ldcr scciiton 20 of the the said Cotle would bc silbjcct to llic : conlrol of the the Oisti-ict Magistl-ate appointed under that sc~lioii. (3) The Commissioner of Police ia the iiiy of Madurai, or as the case may be, in the City of Coir~~bato~.sor any officer subordinate to such Commissioner, shall 1;ot bo kib,,-cc itr th:: csercise al~dperfurinance of any powers and duties wi:i

(4) The provisions of this sccti4n ski icci: c rlfcct notwith- standing anything contained in the s;iiJ Coil-.

- *. 5. PG~~CCjo~.cc frrl?cari/sniur;: ~n the Ci;(c..:oj' ii: .:. : !u !< :l <,wi;a :!loft? irnn?e&Lh&4uivfore tl,c srpcinted dull to be d. .ci:icLc: to he police

,'f,j.cc constiticted r{i?tl~i.tire City I)o:ico Acbt ti.: ,..ii( ~i!i~d.---(!) The 174 l2wtI.L NADU GOVERNMENT GAZEITP, EX P'RAOKDINARY, - ______-- .b.y1------__-__ ------Cobbatore, immediately before the appointed day (hereafter in thi~ section reierred to as the existing police force j shall, on the appoint4 3 b for the City OF Mad* aioreunder the City \ daPolice Act as'extended and every member of the existing police fora holding the office mentioned in column (1) 01 the Schedule imm~ hi ' Cil diately before the appointed day, shall be deemed to be allpointed, on such appointed day, to the oflice mentioned in the corresponding for enh y in column (2) of that Schedule. Cc be (2) All proceedings (inciudizg ~rcceedingsby way of investi- in gations) pending before any police ofiicer of the existing police for% immediately belore thc appointed day, shall on the appointed day, be deemed to be procl:eclings pending before him in his capacity a$ (C the holder of the okke to which hc is dcenied to bc appointed Ms unde~subsection (1) and shall be dealt with accordingly. citi to (3) Where any power or Dunction which may be exercised a dschuged under any law by a District Magistrate or Executive Magistrate hmnediately before the appointed day has been contened on the Commissioner of Poiice or any other police officer by or unda

I the City Police Act as extended, all proceedings in relation to, or arising I from, the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or the Executive Magistrate, as the case may be, shall, on the conferment of such power or function, on the Commissioner of Police or other police officer, stand transferred to the Corn mmssloner of Police of other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shd either proceed de novo or from the stage of such transfer. 6. Control of the Director-General of Police over the Corn- nlissioners of Police for r21adurar and Coit~?batcre.- ( 1) Notwith- standing anytk5~contained in the City Po!ice Act as extended, the Commiss:nner of Police for Madurai and the Comm~ssionc=rof Police for Coimbatore shall, in the exercise of their functionsl under the City Police Act as extended, be under the contlrol and direction of the Director-General of Police for the State of Tamil Nadu subject to any rules that; may be made under sub-section (2) (2) It shall' be osmpetent to the Government to make rdes to limit and regulate the exercise of the powers of control' and direction conferred on the Director-General d Police by sub-section (1) in respect of the Commissioners of Police far Madurai and Coimbq- tore. (3) Nothing in this section shall apply in relation to :be pow

adfunctions which mav be excrcis~dn* rl:~-L----~ A* - itof o !or .Madurai, cr ;la the case mLj. be, by the Co- siouca (11 i'ullcc for Cuin~ba~ore u(.rlcr a y law ub a District Magismto or an Execu t;ve Magistrate.

7. Construcfioti of rqerences to Luws nut ill force ivt the City pf Madurui and in the City of CoilnBatyre.-(1) Any reference in the Clty Police Act as entended by this Act, to n law which is not id force in the City of Madurai, or as the case ~z+*vbe, in tile City of Coin~batoreon the appointed day shill, in relakcn to the said cities, be construed as a reference to the correbpondinp iaw, if any, in force in the said cities. (2) Any reference to the Tamil Nadu District Police Act, 1859 (Cexiral Act XXlV of 1859) in aJiy law in iorcc in the City ot Madurai and in the City of Coirnbntore shall, in relation to those cities, be construed, 011 and after tl~e2pyointt~d day, as a reference- to the City Police Act. 8. Repeal of corresponding law- immediately before the appointed day, there is any law in force in the City of Madurai or in rhz City of Coimbatore [including the 'Tam:i i\edn District Police Act, 1859 (Central Act XXIV of lb59) (hereinafter in this ~eckio* referred to as the Central Act) and the provisions af the City PoIPolico Act specified in the Schedule to the Cential Act and cxrei:ded by way of notification unclcr section 54-A of t.hc Central Act1 corresponding tu the City Police Act, such correspc ding law sliall, on the appointed . . ,,oni- day, stand repealed in relation to ti;c City of Maduri?i, or as the case

bc % may be, the City of Coirnbatore to the extent to which tbe correfr shal! ponding law relates to matters with respoct to which the State Legis- lature bas power to mak? laws for the State.

1 C'orll- 9. Savings.--(l) The repeal by section 8 of any correspondhg $5 it 11- law shall not affect-- I. the I (a) tt!.: previous operation of any such law or anything 7~~i~~done or du!:, cuRexed thereunder ; or s tl1.t ,n of ( b ) any right, privilege, obligation ar liability acquiired, il3jcct accrued or incurred under any such law ; or (c) any penalty, forfeiture or punishme~ct incurred in respect of any offence committed against any such law ; or (d) any investigation, legal proceeding or reqtnedy i respect of any such right, privilege, obligation, liability, pcrdty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced 4 and any such- ..penalty, r , foifeiture- -. - , T.,or - punishment-..L-..a-a may be imposed ag 176 TAMIL NADU GOVERNMWT GAZETTE EXTRAORDINARY ------YY --- -_--- (2) Subject to thq provisians otf sub-section ( I), anything done or any action taken, including any appointmclr~or. delegation made, notitication, order, instru~tion or direction issued, rule, regulation, iorm, by-law or schenic framed, certificate, pesnlit or licence granted UL :.eglstratim elteeted, u:~der such cq-responding law in relarkon to the City of Xladurai, or as the case may be, the City of Coimbntoro, shall be deemed to have been done or taken givi .under the corresponding provisions of the City IJolice Act and shall by ' continue in force acc&rdingiy, unless and until superseded by the anything done or any action taken under the said City Police Act thin as extended. rem

10. Constrrlction of reference to authorities where nett, crrithorities the have been con.r.titiiled.-Ally reference, by whaWer form of .words in any law in force to any authority competent an the date - immediately preceding the appointed day to exercise any powzrs or discharge any functions in the City of Madurai, or as the case may be, in the City wf Coimbatore, shall, where a corresponding ,De: 'newvauthority has been ccmstituted bv or undel- the City Pdise imn Act as extended or under this Act to ihe said cities, have eRect as -if it were a refercnce to that new authority. I I 11. Powers of courts and cther authorities )or prtrposes of facilitating application of the City Police Act.-For the purpose d facilitating the applicrition, in the City of Madurai and in the City of Coimhatore, of.:he City Police Act as extended any court adorother authority may construe the said Act with such alter* *ions not affecting the substance as may be necessary or proper to ,adapt it to the matter before the court or other authority. iI 12. Power to make rules.-(1) The. Go\~ernmentmay make Wes for carrying out all or any of the purposes of this Act. .;1. 2 I . (2) All rules made under this Act shall be published in the :Tamil Nadu Government Gozcme, and unless they are expressed to * cqme into force on a particular day, sly111 come into force oa the dity on which they, are so published. (3) All notifications issued under this Act shall, unless they 'nrq expressed to come into force on a particular day, come into force on the day on which they are published.

*.I

.a (4) Every rule, or order made or notification issued undrr this Act shall, as soon as possible after it is made or issued, bo .placed on the table of the 1-agislative Assembly, aad if before the - - --expiry -of the session in which it is so placed or the next session,- &@ te&]ativ~ I?,,scmhlv tlor~- +l*n+ ---* --

'I'AMII. I.,IA I)! (;OVI;,l

Ir -. 4-0 -7 -. . - .- . - . -- ...... -

liLya sbc:.,lj ;-.>?: I-->- - :;-.:?? ,-r ;ssE?:i: :-,-;!; c,~r,*r!%r c;? ?*,+ifjca,t,jcJn -- %. ' 0 shaii fktrt:.ittr k-z7.; - .- - I! : , - j ; ,,, or ' {If 8 - - , - - -- . --.a -- . . , *rc _*. , .< - ,<. i._;...C> T.?: -A_- -_. ._. _ __. - -,!~:,hrnodifica- - . .. -. --- . --- - .. .. . - -. 2 - . -- . -. -- . . -- - -,; - -. -CZ :: 2 ..----A. ;.- :--- - - . of -. ,-,7 ,- = - ~'i- 3c;\~&n2G pie7.i,?ai:\ -25 i.nder ;ha; i.jlf . . . or r'~l?ification.

13. Power to retpove difficlr1t;~~c.-lf any difficaltv arises in giving effect to !be provisions ni the C~tyPolice Act as extended by this Act, to the City 9: ?ladurai and to the City of Coimbatore, the Government ma?, as occasion may require, by order, do anything- \\-hich salf:ir:- - lo ihc~~to be n

ie! il) Depl~tySuperintendent of Assistant Commissioner of 1 to I Pol ice. Polire. i (By order of the Governor) S. VA.DIVELU. Cornmi.rsioner (2nd Secrqtary to Governinent, Law DLpn*tment,