The Chennai City Police (Extension to the City of Tiruppur) Act, 2012, Act 35 of 2012

 
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The Chennai City Police (Extension to the City of Tiruppur) Act, 2012 
 
Act 35 of 2012 
 
 
 
 
 
 
 
 
Keyword(s): 
City of Tiruppur, Law in Force 
 
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.
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.
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.
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.
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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