[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