Chennai City Police (Extension to the City of Tiruppur) Act, 2012
No: 35 Dated: Nov, 14 2012
Chennai City Police (Extension to the City of Tiruppur) Act, 2012
(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. Short title and commencement. - (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. Definitions. - 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 (Tamil Nadu Act 7 of 2008);
(3) "City Police Act" means the Chennai City Police Act, 1888 (Tamil Nadu Act III of 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. Extension of Tamil Nadu Act III of 1888. - (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.
4. 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. - (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 (Central Act of 1974);
(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. 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. - (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. 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.