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Keyword(s):
City of Tiruppur, Law in Force
1
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 269
Short title and
commence-
ment.
Tamil Nadu
Act 7 of
2008.
Definitions. Tamil Nadu Act III of
1888.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th November 2012 and is hereby published for general information:—
ACT No. 35 of 2012. An Act to extend the provisions of the Chennai City Police Act, 1888 to the City of Tiruppur.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Chennai City Police (Extension to the City of Tiruppur) Act, 2012.
(2) It shall be deemed to have come into force on the 8th day of October
2012.
2. In this Act, unless the context otherwise requires,-
(1) "appointed day" means the 8th day of October 2012;
(2) "City of Tiruppur" means the City of Tiruppur as defined in clause (a) of section 2 of the Tiruppur City Municipal Corporation Act, 2008;
(3) "City Police Act" means the Chennai City Police Act,1888;
(4) "Government" means the State Government;
(5) "law in force" includes any enactment, Ordinance, regulation, order, by-law, rule, scheme or notification in force in the whole or in any part of the State of Tamil Nadu or any instrument having the force of law in the whole or in any part of the State of Tamil Nadu.
3. (1) With effect on and from the appointed day, the City Police Act as in force immediately before the appointed day, shall stand extended to, and shall be in force, in the City of Tiruppur.
(2) In the City Police Act as extended to the City of Tiruppur,-
(a) any reference to the City of Chennai other than the reference in section 3 shall, by reason of this Act, be construed as a reference to the City of Tiruppur;
(b) any reference to the Presidency Magistrate shall, by reason of this Act, be construed as a reference to the Judicial Magistrate;
(c) any reference to the Commissioner shall, by reason of this Act, be construed as Commissioner of Police for Tiruppur with whom the administration of the Police of the City of Tiruppur shall be vested.
Extension of
Tamil Nadu
Act III of
1888.
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270 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
4. (1) Without prejudice to the provisions contained in section 7 of the City Police Act, the Government may, by notification, and subject to such conditions and limitation as may be specified therein, empower,-
(a) The Commissioner of Police for Tiruppur to exercise and perform in relation to the City of Tiruppur, the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure, 1973 (hereinafter in this section referred to as the said Code) or of any other law in force relating to matters with respect to which the State Legislature has power to make laws for the State, as may be specified in the notification;
(b) any officer subordinate to the Commissioner of Police in the City of Tiruppur (not being an officer below the rank of an Assistant Commissioner of Police) to exercise and perform in relation to the City of Tiruppur as may be specified in the notification, the powers and duties of an Executive Magistrate under such of the provisions of the said Code or of any other law in force relating to matters with respect to which the State Legislature has power to make laws for the State, as may be specified in the notification.
(2) Every officer subordinate to the Commissioner of Police in the City of Tiruppur shall, in the exercise and performance of any powers and duties, which he is empowered to exercise or perform under sub-section (1), be subject to the general control of the said Commissioner of Police in the same manner and to the same extent as an Executive Magistrate appointed under section 20 of the said Code would be subject to the general control of the District Magistrate appointed under that section.
(3) The Commissioner of Police in the City of Tiruppur or any officer subordinate to the Commissioner, shall not be subject, in the exercise and performance of any powers and duties which he is empowered to exercise and perform under sub-section (1), to the general control of the District Magistrate appointed under section 20 of the said Code.
5. (1) The police force functioning in the City of Tiruppur immediately before the appointed day (hereinafter in this section referred to as the existing police force) shall, on the appointed day, be deemed to be the police force constituted for the City of Tiruppur under the City Police Act as extended by this Act and every member of the existing police force holding the office mentioned in column (1) of the Schedule immediately before the appointed day shall be deemed to be appointed, on such appointed day, to the office mentioned in the corresponding entry in column (2) of that Schedule.
(2) All proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force immediately before the appointed day shall, on the appointed day, be deemed to be proceedings pending before him in his capacity as the holder of the office Central Act 2
of 1974.
Power of
Government
to authorise
Commissioner
of Police for
the City of
Tiruppur
and certain
other Police
officers in
the City of
Tiruppur to
exercise
powers of
District
Magistrate
and
Executive
Magistrate
under the
Code of
Criminal
Procedure,
1973.
Police force functioning in the City of Tiruppur
immediately before the appointed
day to be
deemed to
be police
force
constituted under the
City Police Act as
extended.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 271
to which he is deemed to be appointed under sub-section (1) and shall be dealt with accordingly.
(3) Where any power or function which may be exercised or discharged under any law by a District Magistrate or an Executive Magistrate immediately before the appointed day has been conferred on the Commissioner of Police or any other police officer by or under the City Police Act as extended, all proceedings in relation to, or arising from, the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or 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 Commissioner of Police for the City of Tiruppur or other Police Officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.
6. (1) Notwithstanding anything contained in the City Police Act as extended, the Commissioner of Police for Tiruppur shall, in the exercise of his functions under the City Police Act as extended, be under the control 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 competent to the Government to make rules to limit and regulate the exercise of the powers of, control and direction conferred on, the Director-General of Police by sub-section (1) in respect of the Commissioner of Police for Tiruppur.
(3) Nothing in this section shall apply in relation to the powers and functions which may be exercised or discharged by the Commissioner of Police for Tiruppur under any law as a District Magistrate or an Executive Magistrate.
7. (1) Any reference in the City Police Act as extended by this Act to a law which is not in force in the City of Tiruppur on the appointed day shall, in relation to the said City, be construed as a reference to the corresponding law, if any, in force in the said City.
(2) Any reference to the Tamil Nadu District Police Act, 1859 in any law in force in the City of Tiruppur shall, in relation to the City, be construed, on and after the appointed day, as a reference to the City Police Act.
8. If, immediately before the appointed day, there is any law in force in the City of Tiruppur including the Tamil Nadu District Police Act, 1859 (hereinafter in this section referred to as the Central Act) and the provisions of the City Police Act specified in the Schedule to the Central Act and extended by way of notification under section 54-A of the Central Act corresponding to the City Police Act, such corresponding law shall, on the appointed day, stand repealed in relation to the City of Tiruppur, to the extent to which the corresponding law relates to matters with respect to which the State Legislature has power to make laws for the State.
9. (1) The repeal by section 8 of any corresponding law shall not affect,-
(a) the previous operation of any such law or anything done or duly suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any such law; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law; or
Control of the
Director-
General of
Police over
the
Commissioner
of Police for
Tiruppur.
Construction
of reference
to laws not
in force in
the City of
Tiruppur.
Repeal of
corresponding
Law.
Savings.
Central Act
XXIV of
1859.
Central Act XXIV of
1859.
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272 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 the City Police Act had not been extended.
(2) Subject to the provisions of sub-section (1), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, by law or scheme framed, certificate, permit or licence granted or registration effected under such corresponding law, in relation to the City of Tiruppur, shall be deemed to have been done or taken under the corresponding provisions of the City Police Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said City Police Act as extended.
10. Any reference by whatever form or words in any law in force to any authority competent on the date immediately preceding the appointed day, to exercise any powers or discharge any functions in the City of Tiruppur shall, where a corresponding new authority has been constituted by or under the City Police Act as extended or under this Act to the said City, have effect as if it were a reference to that new authority.
11. For the purpose of facilitating the application, in the City of Tiruppur, of the City Police Act as extended, any court or other authority may construe the said Act with such alteration not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.
12. (1) The Government may make rules for carrying out all or any of the purposes of this Act.
(2) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(3) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(4) Every rule made or notification or order issued under this Act shall, as soon as possible after it is made or issued, be placed on the table of the Legislative Assembly, and if before the expiry of the session in which it is so placed or the next session, the Legislative Assembly agrees that the rule or notification or order should not be made or issued, the rule or notification or order shall thereafter have effect only in such modified form or be of no effect, 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 or notification or order.
13. If any difficulty arises in giving effect to the provisions of the City Police Act as extended by this Act, to the City of Tiruppur, the Government may, as occasion may require, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the appointed day.
Construction
of reference
to authorities
where new
authorities
have been
constituted.
Powers of
courts and
other
authorities
for purpose
of facilitating
application
of the City
Police Act.
Power to make
rules.
Power to
remove
difficulties.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 273
14. (1) The Chennai City Police (Extension to the City of Tiruppur) Ordinance, 2012 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the provisions of this Act.
Tamil Nadu
Ordinance
18 of 2012.
Repeal and
saving.
Designation of officer as
immediately before the
appointed day.
(1)
(1) Superintendent of Police.
(2) Deputy Superintendent of Police. Post to which the officer shall be deemed to be
appointed.
(2)
Commissioner of Police:
Provided that after the appointed day, the Government may appoint as Commissioner of Police an officer in the rank of Deputy Inspector-General of Police:
Provided further that where a Commissioner of Police is appointed in the rank of Deputy Inspector- General of Police, the Government may appoint a Deputy Commissioner of Police in the rank of Superintendent of Police.
Assistant Commissioner of Police.
THE SCHEDULE.
(See section 5) (By order of the Governor)
G. JAYACHANDRAN,
Secretary to Government, Law Department.
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