TAMIL NADU ORDINANCE No. 1 OF 2022 - The Chennai City Police (Extension to the cities of Avadi and Tambaram) Ordinance, 2021

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No. 1] CHENNAI, SATURDAY, JANUARY 1, 2022 Margazhi 17, Pilava, Thiruvalluvar Aandu–2052

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Ordinance which was promulgated by the Governor on the

30th December 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 1 OF 2022.

An Ordinance to extend the provisions of the Chennai City Police Act,1888

to the cities of Avadi and Tambaram.

WHEREAS, the Legislative Assembly of the State is not in session

and the Governor of Tamil Nadu is satisfi ed that circumstances exist which

render it necessary for him to take immediate action for the purposes

hereinafter appearing;

NOW, THEREFORE, in exercise of the powers conferred by clause

(1) of Article 213 of the Constitution, the Governor hereby promulgates the

following Ordinance:—

Short title and 1. (1) This Ordinance may be called the Chennai City Police

commencement.

(Extension to the cities of Avadi and Tambaram) Ordinance, 2021.

(2) It shall come into force at once.

2. In this Ordinance, unless the context otherwise requires,— Defi nitions.

(1) "city of Avadi" means the local area comprising the limits of

the police stations specifi ed in Schedule I;

(2) "city of Tambaram" means the local area comprising the limits

of the police stations specifi ed in Schedule II;

Tamil Nadu Act III of

(3) "City Police Act" means the Chennai City Police Act, 1888;

1888.

IV-2 Ex. (1)—1

[1]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (4) "date of publication of this Ordinance" means the date of

publication of the Chennai City Police (Extension to the cities of Avadi and

Tambaram) Ordinance, 2021 in the Tamil Nadu Government Gazette;

(5) "Government" means the Government of Tamil Nadu;

(6) "law in force" includes any enactment, ordinance, regulation,

order, by-law, rule, scheme or notifi cation in force in the whole or in any part

of the State or any instrument having the force of law in the whole or in any

part of the State;

(7) "Schedule" means a Schedule appended to this Act;

(8) "State" means the State of Tamil Nadu.

Extension of Tamil Nadu 3. (1) With effect on and from the date of publication of this

Act III of 1888.

Ordinance, the City Police Act as in force immediately before the date of

publication of this Ordinance, shall stand extended to, and shall be in force,

in the cities of Avadi and Tambaram.

(2) In the City Police Act, as extended to the cities of Avadi and

Tambaram,—

(a) any reference to the city of Chennai (other than the

reference in section 3) shall, by reason of this Ordinance, be construed as

a reference to the city of Avadi or the city of Tambaram, as the case may be;

(b) any reference to the Commissioner of Police for

Chennai shall, by reason of this Ordinance, be construed as a reference

to the Commissioner of Police for Avadi or the Commissioner of Police for

Tambaram, as the case may be.

Power of Government

4. (1) Without prejudice to the provisions contained in section 7 of

the City Police Act, the Government may, by notifi cation, and subject to

such conditions and limitation as may be specifi ed therein, empower,—

(a) the Commissioner of Police for Avadi or the Commissioner

of Police for Tambaram, to exercise and perform in relation to the city of

Avadi or the city of Tambaram, as the case may be, the powers and duties

of an Executive Magistrate and of a District Magistrate under such of the

Central Act 2 of 1974.

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

to authorize Commissioner of Police and certain other police offi cers in cities of Avadi and Tambaram to exercise powers of District Magistrates and Executive Magistrates under Code of Criminal Procedure, 1973

laws for the State, as may be specifi ed in the notifi cation;

(b) any offi cer subordinate to the Commissioner of Police

for Avadi or the Commissioner of Police for Tambaram (not being an offi cer

below the rank of an Assistant Commissioner of Police) to exercise and

perform in relation to the city of Avadi or the city of Tambaram, as the case

may be, 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 specifi ed in the notifi cation.

(2) Every offi cer subordinate to the Commissioner of Police for

Avadi or the Commissioner of Police for Tambaram, shall, in the exercise and

performance of any powers and duties, which he is empowered to exercise

or perform functions under sub-section (1), be subject to the general control

of the respective 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 for Avadi or the Commissioner of

Police for Tambaram, or any offi cer subordinate to such 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.

Police force functioning 5. (1) The police force functioning in the city of Avadi and in the city

of Tambaram, immediately before the date of publication of this Ordinance

(hereinafter in this section referred to as the existing police force) shall, on

the date of publication of this Ordinance, be deemed to be the police force

constituted for the city of Avadi or the city of Tambaram, as the case may

be, under the City Police Act as extended, by this Ordinance and every

member of the existing police force holding offi ce immediately before the

date of publication of this Ordinance shall be deemed to be appointed on

in cities of Avadi and Tambaram immediately before date of publication of this Ordinance to be deemed to be police force constituted under City Police Act as extended.

such date of publication, as members of the police force for the city of Avadi

or the city of Tambaram, as the case may be.

(2) All proceedings (including proceedings by way of

investigations) pending before any police offi cer of the existing police force

immediately before the date of publication of this Ordinance, shall on the

date of publication of this Ordinance, be deemed to be proceedings pending

before him in his capacity as the holder of the offi ce 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 date of publication of this Ordinance has been

conferred on the Commissioner of Police for Avadi or the Commissioner of

Police for Tambaram or any other police offi cer 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 for Avadi or the Commissioner of Police for

Tambaram or other police offi cer, stand transferred to the Commissioner

of Police for Avadi or the Commissioner of Police for Tambaram, or other

police offi cer, as the case may be, and the offi cer to whom such proceedings

stand so transferred shall either proceed de novo or from the stage of such

transfer.

Control of Director 6. (1) Notwithstanding anything contained in the City Police Act as

extended, the Commissioner of Police for Avadi and the Commissioner

of Police for Tambaram shall, in exercise of their functions under the City

Police Act as extended, be under the control and direction of the Director-

General of Police over Commissioner of Police for Avadi and Tambaram.

General of Police for the State, 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 Avadi and the Commissioner of Police for

Tambaram.

(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 Avadi or the Commissioner of Police for Tambaram, as the case

may be, under any law as a District Magistrate or an Executive Magistrate.

Construction of

7. (1) Any reference in the City Police Act as extended by this

Ordinance to a law which is not in force in the cities of Avadi or Tambaram,

on the date of publication of this Ordinance shall, in relation to those cities,

be construed as a reference to the corresponding law, if any, in force in the

reference to laws not in force in cities of Avadi and Tambaram.

said cities.

Central Act XXIV of (2) Any reference to the Tamil Nadu District Police Act, 1859

1859. in any law in force in the cities of Avadi and Tambaram shall, in relation

to those cities, be construed, on and after the date of publication of this

Ordinance, as reference to the City Police Act.

Repeal of

Central Act XXIV of 8. If, immediately before the date of publication of this Ordinance,

corresponding law.

1859. there is any law in force in the cities of Avadi or Tambaram 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 specifi ed in

the Schedule to the Central Act and extended by way of notifi cation under

section 54-A of the Central Act corresponding to the City Police Act, such

corresponding law shall, on the date of publication of this Ordinance, stand

repealed in relation to the cities of Avadi or Tambaram, as the case may be,

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.

Savings.

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

(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,

notifi cation, order, instruction or direction issued, rule, regulation, form, by-

law or scheme framed, certifi cate, permit or licence granted or registration

effected under such corresponding law, in relation to the cities of Avadi

or Tambaram, 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.

Construction of

10. Any reference by whatever form or words in any law in force to

any authority competent on the date immediately preceding the date of

publication of this Ordinance, to exercise any power or discharge any

function in the cities of Avadi or Tambaram, shall, where a corresponding

reference to authorities where new authorities have been constituted.

new authority has been constituted by or under the City Police Act as

extended or under this Ordinance to the said cities, have effect as if it were

a reference to that new authority.

11. For the purpose of facilitating the application, in the city of Avadi

and in the city of Tambaram, 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

Powers of courts and other authorities for purposes of facilitating application of City Police Act. before the court or other authority.

Power to remove 12. If any diffi culty arises in giving effect to the provisions of the

diffi culties.

City Police Act as extended by this Ordinance, to the cities of Avadi and

Tambaram, the Government may, as occasion may require, by order, do

anything which appear to them to be necessary for the purpose of removing

the diffi culty.

13. The Government may, by notifi cation, amend the Schedules, so as Power to amend Schedules.

to include or exclude any police station.

Power to make rules.

14. (1) The Government may make rules for carrying out all or any of

the purposes of this Ordinance.

(2) All rules made or notifi cation issued under this Ordinance

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) Every rule made or notifi cation or order issued under this

Ordinance 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 notifi cation or order should not be made or issued,

the rule or notifi cation or order shall thereafter have effect only in such

modifi ed form or be of no effect, as the case may be, so, however, that any

such modifi cation or annulment shall be without prejudice to the validity of

anything previously done under that rule or notifi cation or order.

SCHEDULE – I

City of Avadi

[See section 2(1)]

SCHEDULE – II

City of Tambaram

[See section 2(2)]

R.N. RAVI,

30th December 2021. Governor of Tamil Nadu.

EXPLANATORY STATEMENT

While moving Demand No.22 for Police department, for the year 2021-2022, the Hon'ble Chief Minister announced on the fl oor of the Legislative Assembly that for better administration and to improve the quality of policing, the Chennai City Police Commissionerate would be trifurcated and new Commissionerates constituted at Avadi and Tambaram, by including certain police stations from the neighbouring districts. To give effect to the above said announcement, the Government have decided to enact a law to trifurcate the existing Chennai City Police Commissionerate and to create new Commissionerates at Avadi and Tambaram, by extending the provisions of the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) to those areas.

2. The Ordinance seeks to give effect to the above decision.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation), Law Department.

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