Madras City Police (Amendment) Act, 1975*
| [Tamil Nadu Act No. 17 of 1975]* | [15th May, 1975] |
An Act further to amend the Madras City Police Act, 1888
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-sixth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 16th April, 1975.
* Received the assent of the Governor on the 9th May, 1975, first published in the Tamil Nadu Government Gazette Extraordinary on the 15th May, 1975 (Vaikasi 1, Iratchasa (2006-Tiruvalluvar Aandu))
1. Short title and commencement.- (1) This Act may be called the Madras City Police (Amendment) Act, 1975.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 24, Tamil Nadu Act in of 1888.- In section 24 of the Madras City Police Act, 1888 (Tamil Nadu Act III of 1888) (hereinafter referred to as the principal Act), for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Notwithstanding anything contained in this Act or any other law for the time being in force,-
(a) any offence made punishable by section 45, 46, 49-A, 72 or 75 shall be cognizable,
(b) any police officer may arrest without warrant any person committing in his view any offence made punishable by this Act."
3. Amendment of section 34, Tamil Nadu Act III of 1888.- In section 34 of the principal Act,-
(1) for the words "five hundred square feet", the words "forty-six and a half square metres" shall be substituted;
(2) the following proviso shall be added, namely:-
"Provided that nothing contained in this section shall apply to any church, temple, mosque or other place of worship.".
4. Insertion of new section 34-A in Tamil Nadu Act III of 1888.- After section 34 of the principal Act, the following section shall be inserted, namely:-
"34-A. Penalty for selling tickets for admission to any place of entertainment in certain circumstances.-
(1) Whoever sells or attempts to sell except under the authority of, and at the place provided for and at the price fixed in this behalf by, the proprietor of any entertainment, any ticket for admission to any place of such entertainment, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.
(2) Any police officer, not below the rank of a head constable, may arrest, without warrant, any person who, in his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.
(3) A Judicial Magistrate trying an offence punishable under sub-section (1), may, without prejudice to any other punishment that may be imposed under sub-section (1), direct the forfeiture of any ticket seized under sub-section (2).
Explanation.- In this section, "proprietor" in relation to an entertainment includes any person, responsible for the conduct and management of such entertainment.".
5. Amendment of section 40-A, Tamil Nadu Act III of 1888.- In section 40-A of the principal Act,-
(1) in sub-section (1), in the proviso, for the words and letters "Fort St. George Gazette", the words "Tamil Nadu Government Gazette" shall be substituted;
(2) in sub-section (2), for the words and letters "Fort St. George Gazette", the words "Tamil Nadu Government Gazette" shall be substituted.
6. Amendment of section 41, Tamil Nadu III of 1888.- In section 41 of the principal Act,-
(1) after sub-section (4), the following sub-section shall be inserted, namely:-
"(4-A) Without prejudice to the provisions of sub-sections (1) to (4), where any person intends to direct or promote any procession, he shall give prior notice, in writing, at least 24 hours in advance of the commencement of such procession indicating therein the routes by which and the time at which the procession is proposed to be taken. Such notice shall be given to any police officer above the rank of a head constable of the police station having jurisdiction over the area in which the procession starts.";
(2) in sub-section (6), after clause (b), the following clause shall be inserted, namely;-
"(bb) fails to give prior notice referred to in sub-section (4-A), or".
7. Amendment of section 49-A, Tamil Nadu Act III of 1888.- In section 49-A of the principal Act, in sub-section (1), for the words "shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both" and the proviso thereunder, the following shall be substituted, namely:-
"shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court-
(i) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for the first offence;
(ii) such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for the second offence; and
(iii) such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees for the third or any subsequent offence.
8. Insertion of new section 49-B in Tamil Nadu Act III of 1888.- After section 49-A of the principal Act, the following section shall be inserted, namely:-
"49-B. Presumption of offence, etc.- (1) Where in any trial of an offence punishable under sub-section (1) of section 49-A, it is proved that-
(i) slips containing digits showing the market price of cotton, bullion or other commodity, or
(ii) accounts which appear to relate to cash received or disbursed for the purpose of wagering or betting on the market price of cotton, bullion or other commodity, or
(iii) newspapers containing publication of such price,
are found in any house, room, tent, enclosure, vehicle, vessel or place, it shall be presumed, until the contrary is proved, that such house, room, tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of subjection (1) of section 49-A.
(2) Where in any trial of an offence punishable under sub-section (2) or sub-section (3) of section 49-A, it is proved that the accused person is found in possession of any of the materials specified in sub-section (1), it shall be presumed, until the contrary is proved, that the accused has committed the offence under sub-section (2) or sub-section (3), as the case may be, of section 49-A.
9. Amendment of section 60, Tamil Nadu Act III of 1888.- In section 60 of the principal Act, for the words "fifty naye paise" and "one rupee", the words "three rupees" and "five rupees" shall, respectively, be substituted.
10. Amendment of section 71, Tamil Nadu Act III of 1888.- In section 71 of the principal Act,-
(1) in the opening paragraph, for the words "fifty rupees" and "one month", the words "two hundred and fifty rupees" and "three months" shall, respectively, be substituted;
(2) in clause (xiii), for the words "five feet" occurring in two places, the words "one and a half metres" shall be substituted;
(3) after clause (xix), the following clause shall be added, namely:-
"(xx) Organising assembly without providing petromax lights in addition to electric lights.- Whoever organises any assembly, meeting or procession between sunset and sunrise without providing sufficient pertromax lights in addition to electric lights.".
11. Amendment of section 72, Tamil Nadu Act III of 1888.- In section 72 of the principal Act, for the words "fifty rupees" and "one month", the words "one hundred rupees" and "three months" shall, respectively, be substituted.
12. Substitution of section 75, Tamil Nadu Act III of 1888.- For section 75 of the principal Act, the fallowing section shall be substituted, namely:-
"75. Penalty for drunkenness or riotous or indecent behaviour in public place.- (1) Whoever, in any public place, office, station-house or court, or in any place of public amusement or on board any passenger boat or vessel, is-
(a) found drunk and incapable of taking care of himself; or
(b) found drunk and under the influence off liquor or drug; or
(c) found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or is likely to cause a breach of public peace,
shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupees.
(2) Whoever is-
(a) found drunk and behaving in a violent of riotous or indecent manner in a private place, or causing nuisance or annoyance to the public or to neighbours; or
(b) found drunk and under the influence of liquor or drug while driving or riding a vehicle, shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupees.".
13. Amendment of section 77, Tamil Nadu Act III of 1888.- In section 77 of the principal Act, for the words "two rupees", the words "twenty rupees" shall be substituted.