[1]

IV-2 Ex. (1)—1

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:—

1.

(1) This Ordinance may be called the Chennai City Police

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

Short title and

commencement.

(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

1888.

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

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.

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 3.20 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1]

CHENNAI, SATURDAY, JANUARY 1, 2022

Margazhi 17, Pilava, Thiruvalluvar Aandu–2052

Part IV—Section 2

Tamil Nadu Acts and Ordinances

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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.

3.

(1) With eff ect on and from the date of publication of this

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.

Extension of Tamil Nadu

Act III of 1888.

(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

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

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

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 specifi ed in the notifi cation;

Central Act 2 of 1974.

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

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

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.

Police force functioning

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.

(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.

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 for the State, subject to any rules that may be made

under sub-section (2).

Control of Director

General of Police

over Commissioner

of Police for Avadi

and Tambaram.

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Construction of

reference to laws

not in force in

cities of Avadi and

Tambaram.

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

said cities.

(2) Any reference to the Tamil Nadu District Police Act, 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.

Central Act XXIV of

1859.

Repeal of

corresponding law.

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

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.

Central Act XXIV of

1859.

Savings.

9. (1) The repeal by section 8 of any corresponding law shall not

aff ect—

(a) the previous operation of any such law or anything done

or duly suff ered 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 off ence 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

eff ected 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

reference to

authorities where

new authorities have

been constituted.

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

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

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

a reference to that new authority.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 aff ecting

the substance as may be necessary or proper to adapt it to the matter

before the court or other authority.

Powers of courts and

other authorities

for purposes of

facilitating application

of City Police Act.

12. If any diffi culty arises in giving eff ect to the provisions of the

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.

Power to remove

diffi culties.

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

to include or exclude any police station.

Power to amend

Schedules.

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

the purposes of this Ordinance.

Power to make rules.

(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 eff ect only in such

modifi ed form or be of no eff ect, 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

SCHEDULE – I

City of Avadi

[See section 2(1)]

Sl. No.

Police Stations.

1.

Ambattur

2.

Ambattur Estate

3.

Avadi

4.

Ennore

5.

Kattur

6.

Korattur

7.

Manali

8.

Manali Pudunagar

9.

Mangadu

10.

Minjur

11.

M.M Colony

12.

Muthapudhupet

13.

Nazarethpet

14.

Pattabiram

15

Poonamalle

16.

Redhills

17.

Sathangadu

18.

Sevvapet

19.

Sholavaram

20.

SRMC

21.

Tank Factory

22.

Thirumullaivoil

23.

Thirunindravur

24.

Thiruverkadu

25.

Vellavedu

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

SCHEDULE – II

City of Tambaram

[See section 2(2)]

Sl. No.

Police Stations.

1.

Chrompet

2.

Chitlapakkam

3.

Guduvanchery

4.

Kannagi Nagar

5.

Kanathur

6.

Kelambakkam

7.

Kundrathur

8.

Maraimalai Nagar

9.

Manimangalam

10.

Otteri

11.

Pallavaram

12.

Pallikaranai

13.

Peerkankaranai

14.

Perumbakkam

15

Selaiyur

16.

Semmanchery

17.

Shankar Nagar

18.

Somangalam

19.

Tambaram

20.

Thazhambur

R.N. RAVI,

30th December 2021.

Governor of Tamil Nadu.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 eff ect 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 eff ect to the above decision.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU