Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981*
| [Tamil Nadu Act No. 35 of 1981]* | [6th June, 1981] |
An Act further to amend the Tamil Nadu District Police Act, 1859 and the Madras City Police Act, 1888
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty second Year of the Republic of India as follows:-
* For Statement of Objects and Reasons see Tamil Nadu Government Gazette Extraordinary, dated the 2nd April, 1981, Part IV-Section 1, page 488.
* Received the assent of the Governor on the 29th May, 1981, first published in the Tamil Nadu Government Gazette Extraordinary on the 6th June, 1981 (Vaikusi 24, Thunmathi-2012-Thiruvalluvar Aandu).
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981.
(2) Clauses (1) and (2) of section 2 and clause (3) of section 3 shall be deemed to have come into force on the 20th October, 1971; and the rest of this Act shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of Central Act XXIV of 1859.- In the Tamil Nadu district Police Act, 1859 (Central Act XXIV of 1859),-
(1) in section 8, for the words "as may be determined by the State Government", the following shall be substituted, namely:-
"as may be determined by the State Government by rules either prospectively or retrospectively:
Provided that the rules made under this section shall not have retrospective effect from a date earlier than the 20th day of October, 1971;
(2) in section 10,-
(i) before the words "under this Act", the words "either prospectively or retrospectively" shall be inserted;
(ii) the following proviso shall be added at the end, namely:-
"Provided that the rules made under this section shall not have retrospective effect from a date earlier than the 20th day of October, 1971.";
(3) in section 50, for the words "a Magistrate", the words "an executive magistrate" shall be Substituted.
3. Amendment of Tamil Nadu Act III of 1888.- In the Madras City Police Act, 1888 (Tamil Nadu Act III of 1888),-
(1) for section 7, the following Section shall be substituted, namely:-
"7. Commissioners power as Magistrate.- The Commissioner shall, by virtue of his office be an executive magistrate for the purposes of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and shaft exercise the powers as an executive magistrate, subject to such orders as the State Government may, from time to time issued.";
(2) section 8 shall be omitted;
(3) in section 9, in the second paragraph, for the words "as may be determined by the State Government" the following shall be substituted, namely:-
"as may be determined by the State Government by rules either prospectively or retrospectively;
Provided that the rules made under this section, shall not have retrospective effect from a date earlier than the 20th day of October, 1971;
(4) In section 24;-
(i) in the marginal heading, for the words "on view of offence", the words "offences committed in their presence" shall be Substituted;
(ii) in sub-sections (1) and (2), for, the words "in his view" in the two places where they occur, the words "in his presence" shall be Substituted;
(5) in section 26, for the expression "Code of Criminal Procedure, 1882", the expression "Code of Criminal Procedure, 1973 (Central Act 2 of 1974)" shall be substituted;
(6) in section 31,-
(i) for the expression "523, 524 and 525 of the Code of Criminal Procedure, 1882", the expression "457, 458 and 459 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974)" shall be substituted;
(ii) for the expression "Code of Criminal Procedure 1882" occurring in the margin, the expression "Code of Criminal Procedure, 1973" shall be Substituted and the marginal expression "Central Act X of 1882" shall be omitted;
(7) in section 71,-
(a) before clause (i), the following proviso shall be inserted, namely:-
"provided that a person convicted for an offence under clause (xvi) shall also be liable to pay by way of compensation to the owner or occupier such amount not exceeding five hundred rupees as the court may, by order, direct which may, in the opinion of the court be reasonably incurred by such owner or occupier in erasing and colour washing the portion of the public place or any building, monument, statue, effigy, post, wall, fence, tree or other erection therein which has been defaced, disfigured, written upon or otherwise marked.";
(b) in clause (xvi), for the word "whoever", the words "whoever whether by himself or by any other person on his behalf" shall be substituted.