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I, -.IIckq. --I--=---.-.

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TAMIL NAIXT GOVERNMENT G U E r T B L:X*L.HAO1"UIdr\KY
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Nu ..-a- -r--.
171
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?II
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The followi~lgAct of the Tamil Nadu Lcgislativc Asscmbly


received the arszllt the Governor on thc 21st July 198'7 and
01;

is hereby published Tor general information :-

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) ;
" Government " means the State Government ;
(5) I

/A Group) IV-2 Ex. (458)-2


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~ G O V ~ ~ R N M E ~ GAZE
N T TYE EX'rRAORDINhRY
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(6) "law in force " incllides any enactment, Ordinancq regu-
lation, 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 immedi-
ately before ihe appointed day, shall stand extended to, and s h d 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 ~ c eto 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 a i 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 o f Government to cruthorzse Commiisioner of Police


k d 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
8 ,
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I
'1.%MIL N1?!Ji : CiijVFKNhl ENT G A Y I S! f'r I . 1 1 11litl)ENAl(.c 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' t l ~ cSoc!c of Cri~linal
:e of Procedure, 1973 (icnsira! Act 2 1 $ / 4 ) ( h r d lc::! ici. ill this section
kj!'

reterrcd to as tlie said Code) or. ok an) othc~:law i i l 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 ) a11jl 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!~ i i ~ 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~rforinailce of any powers
and dotics urhicli he is ~-lll?owii.L,l t o . : ~ c :. ;.. , , under
sub-section (11, be subjcct lo iire gencral control of the respective
Comnlissic?nc~oi' I~olicc in t l ; ~ 2 . . . : h e 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 i i i y of Madurai, or


as the case may be, in the City of Coir~~bato~.s or any officer sub-
ordinate to such Commissioner, shall 1;ot bo kib,,-cc itr th:: csercise
al~dperfurinance of any powers and duties wi:i<iI ii; is empowered
to excrcisc and perl'orm under sub-sectior, (I;, to :kc general cont~ol
01 the District Magistrate appointed under s~ctloil of the caid
Code.

(4) The provisions of this sccti4n s k i icci: c rlfcct notwith-


standing anything contained in the s;iiJ Coil-.

C C frrl?cari/sniur;:~nthe Ci;(c..:oj' ii: .:. :


5. P G ~ ~jo~.cc !< :l <,wi
!u
- * .
; a :!loft?

irnn?e&Lh&4u ivfore tl,c srpcinted dull to be d. .ci:icLc: to he police


,'f,j.cc constiticted r { i ? t l ~ itire
. City I)o:ico Acbt ti.: ~ i ! i ~ d -(!)
,..ii( . - - The
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174 l2wtI.L NADU GOVERNMENT GAZEITP, EX P'RAOKDINARY,
___________
-- -- --- - - - -
.b.y1
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Cobbatore, immediately before the appointed day (hereafter in thi~
section reierred to as the existing police force j shall, on the appoint4

\ b for the City OF Mad*


3

a i o r e under the City


Police Act as'extended and every member of the existing police fora
da
holding the office mentioned in column (1) 01 the Schedule i m m ~ 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
u n d e ~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 o f 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 o f the Director-General of Police over the Corn-
nlissioners of Police for r21adurar and Coit~?batcre.- ( 1) Notwith-
standing a n y t k 5 ~contained in the City Po!ice Act as extended, the
Commiss:nner of Police for Madurai and the Comm~ssionc=r of 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
a d functions which mav be excrcis~dn* r l : ~ - L - - - - ~ A* -
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i t of o !or .Madurai, cr ;la the case mLj. be, by the Co-


siouca (11 i'ullcc for C u i n ~ba~oreu(.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 + *be,
v 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 t l ~ e2pyointt~dday, as a reference-
to the City Police Act.
8. Repeal of corresponding l a w - 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 d i n g 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 i t 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
( b ) any right, privilege, obligation ar liability acquiired,
,n of
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 -. - , or -punishment
, foifeiture
- T., - . . L - . . a -a may be imposed ag
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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
the
'
continue in force acc&rdingiy, unless and until superseded by
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.
I
i 12. Power to make rules.-(1) The. Go\~ernmentmay make
;.1. W e s for carrying out all or any of the purposes of this Act.
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 t l o r ~ - +l*n+ ---*
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'I'AMII. I.,IA I)! (;OVI;,l<i i ML3N.I' (;A%,E{'I7 !E EXTRAORDlNARY 177


Ir
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shaii fktrt:.ittr k-z7.; - --. - - % I !. : - j ; ,, o r {If
-
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C> , . <

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- -. -CZ :: 2 ;.- : - - - - - -
- -,; of
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7 ,- = - or r'~l?ification.
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~ ' i 3c;\~&n2 pie7.i,?ai:\ - 2 5 i.nder ;ha; i.jlf . . .


G
- .

13. Power retpove difficlr1t;~~c.-lf any difficaltv arises in


to
giving effect to !be provisions ni the C ~ t yPolice 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 any-
- \\-hich salf:ir:
thing - - l o i h c ~to~ b e n < c e i s a r ~ for the purpose of
removing the dii5c~lty:
Providcd that no order shall - be made under this section after
iies the exjtiry of two years from the apponted day.
of
3ti: THE SCHEDWW
:is (See section 5 )
9se
ing De.signution c?f oficer as to wlzich zhe
Pgst
iee immediately b f f o r ~the officer shall be deemed
;is nppoin ted d q . to be appointed.
(1) (2)
(1) Superintendent of Poljce Commissioner of Police :
4 Pro1,ided that after the appointed
ooe day, the Government may
the appclint as Commissioner of
'urt Bo:'.e an oficer in the rank
tr-a- of Deputy Inspector-General
to of Police :
Provided further that where a
Commissioner of Police is
iti~pointed in the rank of
Deputy Inspector-General of
Pol:cs, thz Government may
appoint a Deputy Commis-
sioner of Police in the rank of
Superintendent of Pol!+ce.
ie!
1 to
I
i
i l ) Depl~tySuperintendent o f
Pol ice.
Assistant
Polire.
(By order of the Governor)
Commissioner of

S. VA.DIVELU.
Cornmi.rsioner (2nd Secrqtary to Governinent,
Law DLpn*tment,

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