The Madras City Police Act, 1888 Complete Act - Bare Act

Certain restrictions respecting right to form association and freedom of speech and expression have been imposed on every member of police Act 1888 (Tamil Nadu Act III of 1888) or the Tamil Nadu District police Act 1859 Central Act XXIV of 1859 by section 3 of the police forces (Restriction of Rights) Act, 1966, (Central Act 33 of 1966) which Central Act has not, however, been brought into force in this State of far.)

- Whereas it is expedient to amend and consolidate the provisions of the laws for regulating the Police of the city of Madras; It is enacted as follows:-

1.

: - (1) This Act may be cited as
the Madras City Police Act, 1888.

2.

: - It extends to the whole of the city of Madras as defined in section 3. (The words repealed by the Repealing and Amending Act, 1901, (Central Act XI of 1901) - Third Schedule, part III,) [(3)* * * *]

3.

: - In this Act, unless there be something repugnant in the subject or context:-

Substituted by Tamil Nadu Act XXIII of 1995.)
"City of Madras" means the area declared by State Government by notification to be the City of Madras.

"
Commissioner": - "Commissioner" means the Commissioner of Police for Madras (Substituted by Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951.)) [referred to in] section 5;

"
Conviction" means the conviction of the accused person before a (Now the Metropolitan Magistrate) [Presidency Magistrate.]

"
Imprisonment": - "Imprisonment" means imprisonment of either description as defined in the Indian Penal Code;

(Substituted by Madras City Police (Second Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955).["
common gaming-house" means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using, or keeping such house, room, tent, enclosure, vehicle, vessel or place, whether by way of charge for the use of instruments or gaming or of the house, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever; and includes any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to the opened, kept or used for the purpose of gaming;]

"
Gaming":- (This definition was Substituted for the original definition by section 2(i) of the Madras City Police (Second Amendment) Act, 1941 (Madras Act XXII of 1941), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No II) Act, 1948 (Tamil Nadu Act VIII of 1948). This definition has since been further substituted as follows by section 2 of the Madras City police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949):-

"Gaming" does not include a lottery buy includes wagering or betting.)

Explanation:- For the purpose of this definition, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes in money or otherwise, in respect of any wager or bet, of any act which is intended to aid of facilitate wagering or betting or such collection, soliciting, receipt or distribution"

The Madras city Police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949) has further been amended by the Tamil Nadu Horse Races. Abolition of wagering or Beting) Act, 1974 (Tamil Nadu Act 44 of 1974) providing for the abolition of wagering or betting on horse races in the State of Tamil Nadu with effect on and from the 31^st March, 1975.) ["Gaming" does not include a lottery but includes wagering or betting, except wagering or betting on a horse-race when such wagering or betting takes place

(i) on the date on which such race is to be run, and

(ii) in a place or places within the race enclosure which the authority controlling such race has with the sanction of the (The word ˜State' was substituted for the word ˜Provincial' by the Adaptation Order of 1950.) [State] Government set apart for the purpose.

For the purposes of this definition, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution or winnings or prizes, in money or otherwise, in respect of any wager or bet, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution.]

"
Instruments of gaming":- (This definition of "Instruments of gaming" was substituted for the original definition by section 2(ii) of the Madras City Police (Second Amendment) Act, 1941 (Madras Act XXII of 1941). This Act was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) ["Instruments of gaming" include any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or records or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.]

"
Public Place: - (This definition was inserted by section 2(i) of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941), permanently re-enacted by section 2(i) of, and the first Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)). ["Public place" means a place (including a road, street, or way, whether a thoroughfare or not and a landing place) to which the public are granted access or have a right to resort, or over which they have right to pass.]

"
Cattle":- "cattle" includes horned cattle, horses, asses, mules, sheep, goats, swine, camels and elephants.

"
Subordinate ranks" :- (This definition was inserted by the Adaptation Order of 1937). ["subordinate ranks" means the ranks inferior to that of Assistant Commissioner.]

Tea Shop is public place - 1969 LW (Crl) 11, 33 Mad 83 and 1963 MWN Crl 72.

"Gaming" What is " collecting money at the premises of the accused for purchasing race tickets " Distributing the price in accordance with race results and purchase of race tickets by accused as agent of those who paid the money and disbursement of prize moneys after deducting their commission- offence of betting, made out Distinction between "Gaming" and Wagering " Scope.-1975 LW(Clr) I, M Lal & others, Inre.

"Public place" - A barbers' place run under a licence issued by the Municipal Authorities is a place.-(1962) 2 MLJ 507.

The offence of keeping or using a room as a common gaming house can be made out only if there is sufficient proof of presence of element of profit. The mere fact that sometimes persons play cards in a house and perhaps for money, does not necessarily make it a common gaming house -1952 MWN 162:

Gain is a necessary element to prove the charge " 1954 Crl LJ 56. AIR 1954 Mad 134;

. (This Section was repealed by section 3 of, and the second Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957)). [ ].

.
Administration vested in the Commissioner of police:-

The administration of the Police of the City of Madras shall be vested in an officer to be styled the Commissioner of Police for Madras.

(The words "who shall from time to time be appointed by the Governor in Council of Fort St. George and may be removed by the same authority "were omitted by the Adaptation Order of 1937.) [* * *]

This proviso was added by section 1 of the Madras Act III of 1898. As to the control by the Inspector-General of Police of the City Police, see Madras Act III of 1907.) [Provided that the (The words "Provincial Government were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State government] may, by notification in the (These words were substituted for the words "Fort st. Gazette" by the Adaptation Order 1937.) [Official Gazette] which (This word was substituted for the word "he" by ibid.) [they] may cancel or vary, at any time direct that the administration of such of the Police within the City of Madras as are or may be employed at any railway stations or on any railway premises or within the limits of any railway or part of any railway situated within the limits of the City of Madras, shall be vested in the Inspector-General of Police and from and after the issue of such notification the powers under this Act of the Commissioner and of his deputies or assistants in respect of such Police shall cease and the Inspector-General of Police and under his control such officers as shall be appointed by the (The words "Provincial Government were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950) [State Government] to be Superintendent or Assistant Superintendent of Railway Police, shall as regards such Police exercise all the powers of the Commissioner of Police under this Act, save that the power conferred on the Commissioner by sec-10 shall, in respect of such Police, be exercised by the Inspector-General of Police alone.]

Writ of Habeas corpus preferred on behalf of persons detailed by the Police-Alleging illegal detention, failure to produce before Magistrates and so on. "Appointment of commission of inquiry to inquire in to allegations of detention by Police without producing prisoners before Magistrate within 24 hours, 1991 writ LR 189.

(Substituted be Tamil Nadu Act XXIII of 95.)
[Joint Commissioner or Deputies or Assistants to the Commissioner]:- The Government may, from time to time, appoint one or more (
The sentence "Any Deputy or Assistant Commissioner may be removed by order of the Governor in Council" was omitted by the Adaptation Order of 1937.) [Joint Commissioner, Deputies or Assistants to the Commissioner], who shall be competent to perform any of the duties or exercise any of the powers assigned to that officer as Commissioner under his orders. (The original section 7 was substituted 3(1) of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act 35 of 1981). Which was to have come into force on the 1^st August, 1982.)

[* * *].

The original section 7 was substituted 3(1) of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act 35 of 1981). Which was to have come into force on the 1^st August, 1982.) [The Commissioner shall, by virtue of his office, be executive Magistrate, for the purpose of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and shall exercise the powers as an executive Magistrate, subject to such orders as the State Government may, from time to time issue.]

Though under S-7, commissioner of Police and his deputies are presidency magistrates they are not presidency Magistrates under the Criminal procedure code; - Air 1953 Mad 953;

(Section 8 was omitted by section 3(2) of the T.N. District Police and the Madras City Police (Amendment) Act 1981. (T.N. Act 35 of 1981)) [* * *]

Gambling in a private house is not an offence. Only so if it is done in a common gaming house. " 1960 MLJ (Crl) 16;

For the City of Madras, there shall be a Police force which shall consist of such number of officers and men and shall be otherwise constituted in such manner as shall from time to time be ordered by the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government].

(Inserted by the Adaptation Order of 1937.

Now the Metropolitan Magistracies.) [Subject to the provisions of this Act, the pay and all other conditions of service of members of the subordinate ranks of the Police force shall be such (Substituted by sub-section (3) of section 5 ibid.) [as may be determined by the State Government by rules either Prospectively or retrospectively.]

Provided that the rules made under this section, shall not have retrospective effect from a date earlier than the 20^th day of October 1971.]

The Commissioner may, from time to time subject to the control of the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government] frame orders and regulations for the general government of the force.

(Substituted by A.O. of 1937) [The Commissioner] may, at any time, (Substituted by A.O. of 1951) [subject to the provisions of Article 311 of the constitution and to the control of the (The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [State Government], (There Words were substituted for words "fine, suspend reduce or dismiss any member thereof, Provided that no fine shall exceed one month's pay" by section 3 of the Madras City Police (Amendment) Act, 1939 (Madras Act XX of 1936)). [dismiss, suspend or reduce to a lower post or time-scale or to a lower stage in a time-scale], any member (Substituted by A.O. of 1937) [of the subordinate ranks of the Police-force] and may order the recovery from the pay of any such member, or the whole or part of any pecuniary loss caused to Government by his negligence or breach of orders.] Madras(Tamil Nadu) Police Subordinate services Discipline and Appeal rules " 1955- Valid " AIR 1965 Mad 103;

Every member of the force shall receive on enrolment a certificate in the following form under the signature of the commissioner:-

"A.B. has been appointed a member of the Madras City Police-force and is invested with the powers, functions and privileges of a Police-officer.

By virtue of such certificate he shall be vested with the powers, functions and privileges of a Police officer and such certificate shall cease to have effect whenever the person named in it is suspended or dismissed or otherwise ceases to be employed in the force.

No member (Inserted by A.O. of 1937) [of the subordinate ranks] of the force shall be at liberty to resign his office, or to withdraw himself from the duties thereof, without the written permission of the commissioner or until after the expiry of two months from the date of his giving to the Commissioner a notice in writing of his intention to do so and every member (Inserted by A.O. of 1937) [of the subordinate ranks] of the force, who shall so resign or withdraw himself, shall be liable, at the discretion the commissioner, to forfeit the whole or part of any arrears of pay then due to him; and shall in addition be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding two months or to both.

Every member of the force shall, on ceasing to belong there to forthwith deliver up to the Commissioner or to such person and at such time and place as shall be directed by the Commissioner, his certificate an all clothing, accoutrements and other articles supplied to him for the execution of his duty and in default thereof shall be liable on conviction to fine not exceeding two hundred rupees, or to imprisonment not exceeding six months or to both. And it shall be lawful for the Commissioner, or for any Magistrate, to issue his warrant to search for and seize all the clothing, accoutrements and other articles which shall not be delivered up, wherever the same may be found.

For neglect or violation of duty in his office, and for any breach of the orders and regulations framed as aforesaid every member of the force, besides being suspended or dismissed from his employment as hereinbefore provided, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.

Every Police officer appointed under the provisions of (The T.N. District Police Act 1859.) [Act XXIV of 1859] may at any time be employed in the City of Madras, and whilst so employed shall have the same duties, powers and privileges, and be subject to the same authority, as Police Officers appointed under this Act.

The Commissioner may, of his own authority appoint any able-bodied male person between the ages of eighteen and fifty-five to be (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)). [a special Police Officer] to assist the Police force on any temporary emergency (This sentence was added by ibid). [Every special Police-officer so appointed shall receive a certificate in such forms as the (Substituted. by A.O. of 1950.) (State Government) may determine under the signatures of the Commissioner].

Every (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)) [Special Police-officer] so appointed shall have same powers, privileges and protection, and shall be liable to perform the same duties, amenable to the same penalties and subordinate to the same authorities, as the ordinary officer of Police.

If any person being appointed a (These words were substituted for the words "special constable by section 4 of the Madras City Police (Amendment) Act 1936 (Madras Act XX of 1936)) [special Police, officer] as aforesaid shall, without sufficient excuses neglect or refuse to serve as such or to obey such lawful order or direction as may be given to him or the performance to his duties, he shall be liable on conviction to fine not exceeding fifty rupees.

It shall be lawful for the Commissioner, with the sanction of the (Substituted. by A.O. of 1950.) [State Government] to be notified in the (Substituted. by A.O. of 1937.) [official Gazette] and in such other manner as the (Substituted. by A.O. of 1950.)

[State Government] may direct, to employ any Police-force in excess of the ordinary fixed complement to be quartered in any street or in any part of the City of Madras which shall be found to be in a disturbed or dangerous state, or in any part of the said city in which, from the conduct of the inhabitants, he may deem it expedient to increase the number of Police. The inhabitants of the street or part of the city described in the notification shall be charged with the cost of such additional Police " force, or with such part thereof (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.) [as the State Government] may direct, and the Commissioner shall assess the proportion in which the amount is to be paid by the inhabitants, according to his judgment of their respective means.

(Substituted by T.N. Act XX of 1936.) [(1) On the application of any person and at his charge, the (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word ˜State" was substituted for "Provincial" by the Adaptation Order of 1950.) (State Government) may for the purpose of keeping the peace or preserving order at any place or of enforcing the provisions of this or of any other Act in respect of any specified class of offences, appoint additional officers of such rank or grade, on such pay, if any, and for such time, (Substituted by A.O. of 1937. ) (they) may think fit;

Provided that on the expiry of one month from the receipt of notice in writing from the applicant or his representative or on the expiry of such shorter period as the (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word ˜State" was substituted for "Provincial" by the Adaptation Order of 1950.) (State Government) may fix, the (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word ˜State" was substituted for "Provincial" by the Adaptation Order of 1950.) (State Government) shall discontinue Police-officer so appointed].

(2) Every additional Police-officer so appointed:-

(a) shall receive a certificate in such form as the (The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order to 1937 and the word ˜State" was substituted for "Provincial" by the Adaptation Order of 1950.) (State Government) may determine under the signature of the Commissioner; and

(b) shall have such of the powers and duties of an ordinary Police-officer of like rank as are specially mentioned in the certificate referred to in clause (a) and shall, in the exercise or performance thereof have the same protection and privileges, be amenable to the same penalties, and be subordinate to the same authorities as such officer]

All sums of money payable under the last two preceding sections shall be recoverable by suit in any competent Court or by distress and sale of the goods of the defaulter under the warrant of a Magistrate.

Every Police-officer shall, for the purposes of this Act, be considered to be always on duty. He shall not engage, without the written permission of the Commissioner, in any duty other than his duties under this Act. It shall be his duty to use his best endeavours and ability to prevent offences and public nuisances; to preserve the peace; apprehend disorderly and suspicious characters; to detect and bring offenders to justice; to take charge of all unclaimed property; to seize and impound stray cattle; to collect and communicate intelligence affecting the public peace, and promptly to obey and execute all orders and warrants lawfully issued to him; and it shall be lawful for every Police-Officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect any drinking shop, gaming-house or other place of resort of loose or disorderly characters.

Writ of Habeas corpus preferred on behalf of persons detailed by the Police-Alleging illegal detention, failure to produce before Magistrates and so on. " Appointment of commission of inquiry to inquire in to allegations of detention by Police without producing prisoners before Magistrate within 24 hours, 1991 writ LR 189.

(This sub-section was substituted by section 2 of the Madras City Police (Amendment) Act, 1975 (Tamil Nadu Act 17 of 1975). and shall be deemed to have come into force on the 1^st July 1975.)
24. Powers of police officer and agent of the society for the prevention of cruelty to animals may arrest without warren (These words were substituted by sub-section (4)(ii) of section 3 of the Tamil Nadu District Police and Madras City Police (Amendment) Act, 1981.)
[offences Committed in their presence]:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force:-

(a) any offence made punishable by section 45, 46, 49-A, 72 or 75 shall be cognizable,

(b) any Police officer may arrest without warrant any person committing (These words were substituted by sub-section (4)(ii) of section 3 of the Tamil Nadu District Police and Madras city Police (Amendment) Act, 1981.)[in his presence] any offence made punishable by this Act]

(Provisio Added by section 2(1) of Madras City Police (Amendment Act, 1949) was Omitted by T.N. Hackney Carriage Amentment Act, 1964 (Tamil Nadu Act 21 of 1964.)) [ ** ** ** ]

Charge sheet field by Police without following procedure of investigation Not-legal-(1984) LW (Crl) 48.

(This sub-section was added by section 2 of the Madras City Police Towns Nuisances and Prevention of Cruelty to Animals (Amendment) Act, 1942, (Tamil Nadu Act XX of 1942), re-enacted permanently with specified modifications by section 2(2) of, and the Second schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)) (2) Any agent of the society for the Prevention of Cruelty to Animals who is specially empowered by the (Substituted by A.O. 1950.) (State) Government in that behalf may arrest without a warrant any person committing (These words were substituted by sub-section (4)(ii) of section 3 of the Tamil Nadu District Police and Madras city Police (Amendment) Act, 1981.) [in his presence] any offence punishable under section 53 (Omitted by T.N. Act X of 1949.) (* * * * *)

(Inserted by T.N. Act X 1949.) [(3) The agent shall have power to release any person so arrested on his executing bond, with or without sureties for his appearance before a Magistrate if and when required.

: - The provisions of the (See Now Central Act II of 1974.)[ Code of Criminal Procedure 1882], shall apply to any arrest made or bond taken under this section as if the arrest had been made, or bond had been taken, under the said Code.]

Criminal P.c. Secs 4(1) and (20, 154, 156, 161 & 173) Constitution of India, Art 21, Registering of a case under sec. 75, City Police Act " Duty to follow the provisions under Criminal P.C. regarding investigation etc.- Failure to register FIA to follow the provisions of Sections 156 and 157, Crl P.C. to examine the witness, to record statements under Section 161(3) to furnish copies of Statements to accused and to submit report under Sec. 173 " Proceedings held, vitiated.- 1984 LW(Clr) 48- Varadan & Two others Vs State.

Under section 24 of the Act, the Police officer can arrest without any warrant any person if he commits in his view offence punishable under the Act. " (1972 T.L.N.J.132)

Whoever commits an offence affecting the person or property of another may, if his name and address be unknown, be apprehended by the person injured or in charge of the property concerned, or by any person acting in aid of such person, and may be detained until he gives his name and address and satisfy such person that the name and address so given are correct or until he can be delivered into the custody of a Police-Officer.

Any Police-Officer above the rank of constable having reasonable ground to suspect that stolen property is concealed or lodged in any dwelling-house or other place, and is likely to be removed before a search " warrant can be obtained, may search such house or place subject to the general provisions in the (Substituted by T.N. Act XXXV of 1981.) [Code of Criminal Procedure, 1973, (Central Act 2 of 1974)] relating to searches.

Any Police-officer may seize any property or thing which may be found in the possession of any person, where the possession by such person of such property or thing creates a reasonable suspicion of the committal of an offence; and such seizure shall be forthwith reported to the Commissioner, who shall thereupon make such order respecting the custody or production of the property as he shall think proper.

Any officer of Police may deliver to any (Omitted by T.N. Act XXII of 1943) [xxx] dealer in secondhand property or worker in metals a list of any property believed to have been stolen, and thereupon it shall be the duty of such (Omitted by T.N. Act XXII of 1943.) [ ], dealer or worker as aforesaid, upon any article answering the description of any of the property set forth in any such list being offered him (Omitted by T.N. Act XXII of 1943.) [ ], for sale, or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article, and forthwith to communicate to the nearest Police-station the fact of such article having been offered and such name and address as may be given by the party offering it. Any (Omitted by T.N. Act XXII of 1943.) [ ] dealer or worker as aforesaid failing to comply with the requirements of this section without reasonable excuse shall be liable on conviction to fine not exceeding fifty rupees for every such offence. Such (Omitted by T.N. Act XXII of 1943.) [ ], dealer or worker as aforesaid may also detain any person offering such article as aforesaid pending the arrival of the Police.

The Commissioner may, be order in writing, to be affixed at the principal Police-stations and also to be published in some public newspaper, appoint, from time to time, certain periods within which any dogs found straying and unmuzzled may be destroyed.

Whenever any person dies intestate leaving movable property within the City of Madras under two hundred rupees, in value such property may be taken charge of by the Police, and it shall be lawful for the Commissioner to order the said property to be delivered, without requiring the production of any probate, letters of administration certificate of other such conclusive evidence of title and upon such terms as he may think fit, to any person who may appear to him be entitled thereto; (As to saving of this provision from the operation of the General Succession Law, see the Administrator-General's Act, 1913 (Central Act III of 1913), S.55.) and such delivery shall be full discharge to the Commissioner, and to the (Sub by A.O. of 1950.) [Government] from all liability in respect of such property.

(This expression was substituted by sub-section (6)(i)(ii) of section 3 of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act, 35 of 1981) which was deemed to have come into force on the 1^st August 1982.)
[Code of Criminal Procedure, 1973], to apply:- (This expression was substituted by sub-section (6)(i)(ii) of section 3 of the Tamil Nadu District Police and the Madras City Police (Amendment) Act, 1981 (Tamil Nadu Act, 35 of 1981) which was deemed to have come into force on the 1^st August 1982.) [The provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973, (Central Act, 2 of 1974)] shall, as may be practicable, apply to all property seized or taken charge of by the Police.

The Commissioner shall keep in his office (See standards of weights and measure Act 1955 54/1985) [standard weights and measures] as may be from time to time prescribed or declared to be correct by the (Sub by A.O. of 1950.) [State Government]; and weights and measures shall be held to be false when they do not agree with such standards; and on conviction being had under Chapter XIII of the Indian Penal code, the weights and measures which formed the subject-matter of the

charge shall be forfeited and destroyed.

Any Police-officer above the rank of constable may enter any shop or premises for the purpose of inspecting the weights and measures and instruments for weighing or measuring kept or used therein, and may seize any weight, measure or instrument for weighing or measuring which he may have reason to believe is false.

(1) (Sec-34 renumbered as section-34 (1) by T.N. Act LXIV of 1971.) [No enclosed place or building having an area of (Substituted. by T.N. Act XVII of 1975, which came into pressure 1.9.1995.) [forty six and a half square metres] or upwards shall be used for public entertainment or resort without a licence from the Commissioner.

(Added by Act 17/75 which shall be deemed to have come into force 1.7.75) [Provided that nothing contained (Substituted. by T.N. Act LXIV of 1979.) [in this subsection shall apply to any church, temple, mosque or other place of worship]. (Added by ibid.) [(2) The Commissioner may at the time of grant of a licence under sub-section (1) or at the time during the currency of any such licence require any person, other than a local authority, applying for such licence, or the holder of such licence as the case may be to deposit with the Commissioner in cash or in Government Promissory notes such sum, as may be prescribed security for the due observance of the conditions of the licence.

(3) Where there is breach of non-observance of the conditions of the licence granted under sub-section (1), the Commissioner may forfeit the security so deposited to the Government.

(4) The forfeiture of the deposit shall not be a bar for proceeding against the holder of the licence under the provisions of section 76.]

"Town" meaning of whether includes a village.

Sec. 34 of the M.C.P. Act cannot be restored to by the prosecuting authorities in respect of offences committed in villages which cannot be deemed to be "Towns" within the meaning of Sec.34 of the said Act. -1971 LW(Crl) 209 Municioavan Inre.

(Inserted by T.N. Act XVII of 1975.) 34.A.
Penalty for selling tickets for admission to any place of entertainment in certain circumstances:- (1) Whoever sells or attempts to sell except under the authority of and at the place Provided for and at the price fixed in this behalf by, the proprietor of any entertainment, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.

(2) Any Police Officer, not below the rank of a head constable, may arrest, without warrant, any person who, in his view, commits any offence punishable under sub-section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A (Metropolitan.) [judicial] Magistrate trying an offence punishable under sub-section (1) may without prejudice to any other punishment that may be imposed under sub-section (1), direct the forfeiture of any ticket seized under sub-section (2).

In this section "proprietor" in relation to an entertainment includes any person, responsible for the conduct and management of such entertainment."

(Substituted by T.N. Act 41/95)
[35. Eating-houses, hotels, fencing schools etc., to be licensed :- No enclosed place or building shall be used as an, eating-house, coffee-house, boarding-house lodging-house, hotel,' gymnasium or fencing-school, without a licence obtained from the commissioner: Provided that nothing in this section shall apply to any gymnasium or fencing-school of any educational institution controlled or recognized by the (Substituted by A.O. of 1950.) [State Government.]

Licences under the last two preceeding sections may be granted by the Commissioner upon such conditions as he, subject to the control and direction of the (Substituted by A.O. of 1950.) [State Government], may prescribe and for such period not exceeding one year as may be stated in the licence: [ ] (Proviso omitted by T.N. Act 41/95.)

The tenant was running a lodging house in a rented premises under a licence. The landlard refuses to give consent or renewal. Authorities bound to renew the license. The tenant is a statutory tenant and protected under the T.N. Building (Lease & Rent Control) Act. Police standing order 638, has no application.-(1982) 1 MLJ91.

Licence issued for running a Lodge. The word "disorder" in the condition of licence does not mean that there should be a rioting or affray. A brothel is certainly a "disorderly house". If the place is used for brothel, it is sufficient breach of the condition and commissioner has the power to cancel the licence. "permit" " meaning of " physical presence of the licencee is not necessary to attract penalty. "(1956) 1 MLJ 220;

(Sec 37 was renumbered as sub.sec(1) of sec 37 and sub-section(2) and (3) were added by T.N. Act 12/1929. Sec (2) & (3) were substituted by section (2) & (4) by T.N. Act 22/41, which was reenacted permanently by section 2 of first schedule to T.N. Regulating Act VII of 1949.)
[37] Penalty for omission to produce as required by section 34 or 35 :- (Sec 37 was renumbered as sub.sec (1) of sec 37 and sub-section(2) and (3) were added by T.N. Act 12/1929. Sec (2) & (3) were substituted by section (2) & (4) by T.N. Act 22/41, which was reenacted permanently by section 2 of first schedule to T.N. Regulating Act VII of 1949.) [..] Whoever keeps or uses or permits to be kept or used any enclosed place or building requiring a licence under section 34 or 35, without having obtained a licence as therein required, shall be liable on conviction to fine not exceeding fifty rupees for every day on which such place or building is so used.

Receiving bets inside the race course-offence of " Air 1950 Mad 511;

38.
Power to enter and inspect licensed places and unlicensed place believed to be used contrary to the Act:- The Commissioner may, by order in writing, authorize any Police-officer above the rank of constable with such assistance as may be required, to enter and inspect closed place or building licensed under section 36 at any time when it is open for the reception of persons resorting thereto, and may after recording his reasons in writing, likewise authorise any such officer to enter and inspect any place not licenced which the Commissioner has reason to believe to be used contrary to the provisions of section 34 or 35.

39.
Power to make rules:- The Commissioner may make rules for ensuring order and decency and for the public safety at all places of public entertainment or resort, and for regulating the times during which the places referred to in sections 34 and 35 shall be allowed to be open or used, and from time to time may rescind or alter such rules; and in case of breach of any such rules or of the conditions of the licence granted under section 36, may order such places to be closed, and while such order is in force such places so ordered to be closed shall be deemed to be unlicensed places.

40.
Service of copy of order on owner:- A copy of any order passed under the last preceding section shall be served on the owner, occupier or keeper of any such place as aforesaid, and if thereafter he does or permits any act in disobedience to such order, he shall be liable on conviction to imprisonment not exceeding three months, or to fine, or to both.

(Inserted by T.N. Act XIII of 1951.) [40-A.
Prohibition of smoking in certain places where entertainments are held:- (1) If any entertainment (including a cinemao graph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2), smoke either:-

(a) on the stage except in so far as smoking may be part of the entertainment, or

(b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for member of the public:

Provided that the State Government may, by notification in the (Substituted by T.N. Act XVII of 1975.) [Tamil Nadu Government Gazette,] exempt any class of entertainments from the provisions of this sub-section.

(2) For the purposes of sub-section (1), (Substituted by T.N. Act XVII of 1975.) ˜prohibited period' means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the State Government may, by notification in the (Substituted by T.N. Act XXXVII of 1961.) [Tamil Nadu government Gazette,] specify in this behalf for entertainments generally or any class of entertainments.

(3) Any person who contravenes the provisions of this section shall be liable to be ejected summarily from the enclosed place or building by any Police-officer and shall also be punishable with fine which may extend to fifty rupees.

(4) A person ejected under sub-section (3) shall not be entitled to the refund of any payment made by him or admission to the entertainment or to any other compensation.]

(Substituted by T.N. Act IV of 1975.) [41.
Power to regulate assemblies meetings a procession in public Places etc.:- (1) The Commissioner or, subject to his orders, any Police-officer above the rank of head constable, may, from time to time, as occasion may require, direct the conduct of all assemblies, meetings and processions in public places prescribe the routes by which and the times at which such processions may pass; kept order in public places and prevent obstructions on the occasion of such assemblies, meetings and processions, and in the neighbourhood of places of worship during the time of public worship and in any case when public places may be thronged or liable to be obstructed and may licence and regulate or prohibit the use of music or of (Substituted by T.N. Act IV of 1975.) [sound amplifiers in any area.]

(2) Subject to the provisions of sub-section (3) and (4), the Commissioner may, by order in writing, prohibit any assembly, meeting or procession if he considers such prohibition to be necessary for the preservation of the public peace or public safety; Provided that no order under this sub-section shall, without the sanction of the State Government, remain in force for more than fifteen days from the date on which such order takes effect.

(3) (a) When the order referred to in sub-section (2) is in force, any person who intends to convene or collect any assembly or meeting in any public place or to direct for promote any procession, shall make any application to the Commissioner for permission. The application shall be in such form and contain such particulars as may be specified by the commissioner in this behalf and shall be made not less than five days prior to the date on which the assembly or meeting is to be convened or collected or the procession is to be formed;

Provided that the Commissioner may, for reasons to be recorded in writing, receive such application within five days prior to the date as aforesaid.

(b) On receipt of the application under clause (a), the Commissioner may, by order in writing served in the manner specified in sub-section (7), grant permission to convene or collect the assembly or meeting or to direct or promote the procession subject t to such conditions as he may specify or refuse to grant such permission.

(4) Except in cases where immediate action is necessary for the preservation of the public peace or public safety no order refusing to grant permission shall be passed under clause (b) of sub-section (3) without giving the person concerned an opportunity of appearing before the Commissioner either in person or by pleader and showing cause against the order refusing to grant permission and the Commissioner shall record in writing the reason for such order.

(Inserted by T.N. Act XVII of 1975.) [(4-A) Without prejudice to the provisions of sub sections (1) to (4) where any person intenses to direct or promote any provision, he shall give prior notice, in writing atleast 24 hours in advance of the commencement of such provision indicating therein the routes lay which and the limit which the prosecussion is proposed to be taken such notice shall be given to any police officer above the rank of a hard construe of the police station having jurisdiction over the area in which the prrusion is starts.]

(5) The Commissioner may, by order in writing, depute one or more Police-officer or other persons, to be present in any such assembly, meeting or procession, for the purpose of causing a report to be taken of the proceedings.

(6) Any person who:-

(a) opposes or fails to obey may order under sub-section (1), or

(b) contravenes the conditions of any licence under sub-section (1),

(Substituted. by Presidents Act XXXIX of 1976.) [(bb) fails to give prior notice referred to sub-section (4-A), or]

(c) When the order referred to in sub-section (2) is in fore, convenes or collects any assembly or meeting or directs or promotes any procession:-

(i) without the permission of the Commissioner under clause (b) of sub-section (3),

or

(ii) in contravention of any of the conditions subject to which the permission was granted under that clause, shall be liable, on conviction, (Substituted. by Presidents Act XXXIX of 1976.) [to a fine not exceeding one thousand rupees, or to imprisonment not exceeding one month, or to both.]

(7) The order referred to in clause (b) of sub-section (3) shall be served:-

(a) by giving or tendering the order to the person concerned; or

(b) if such person is not found, by leaving such order at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or

(c) if such person does not reside in the City of Madras and his address elsewhere is known to the Commissioner, by sending the same to him by post registered; or

(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of the place of abode or business of such person.

(8) Nothing in this section shall apply to any assembly or meeting of purely religious character had in a recognised place or worship, any assembly or meeting gathered together purely for the purpose of taking part in sports, any procession on the occasion of any wedding, funeral or similar domestic of occurrence, or of any religious ceremony, or to any public meeting held under any statutory or other express legal authority, or to public meetings convened by the sheriff, or to any public meetings or class of public meetings exempted for that purpose by the State Government by general or special order;

(9) For the purposes of this section:-

(a) the words "assembly", "meeting" and "procession" include any assembly, meeting or procession which is open to the public or to any class or portion of the public.

(b) a place in which an assembly or meeting is held may be a public place notwithstanding that it is held in a private place and notwithstanding that admission thereto may have been restricted by ticket or otherwise.]

This section cannot be struck down merely because of the absence of a provision incorporating a time limit of fifteen days instead of leaving it merely to a convention.

There can be general order prohibiting meetings " AIR 1959 Mad 63;

Section constitutionally valid " (1958) MLJ (Crl) 802;

There can be exemptions in insisting on licence for certain meetings and not for some others " AIR 1959 Mad 63;

S.41 If an order is void and not a legal one disobclience and defiance of the same is not an offence. AIR 1959 Mad 63 Section 41-71-A- use of hored speaker " 1995 ILW 31 G(DB).

Section 41-71-A use of hired speaker " 1995/LW 319(DB)

There can be general order prohibiting meetings " AIR 1959 Mad 63;

(Sec-41 A. Inserted by T.N. Act 19 of 1984.) [41-
A. Power to prohibit drill or training by five or more persons, etc.- (1)(a) The Commissioner may whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing prohibit the holding of, or taking part in, and drill with arms or training with arms by five or more persons in any place, whether public or private, or the carrying of arms in any procession.

(b) the Commissioner may, whenever he considers it, necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by order in writing prohibit-

(i) the use of gestures or mimetic representation or playing of tapes or gramaphone records or other instruments in which speeches or songs are recorded, or

(ii) the preparation, exhibition or dissemination of pictures, symbols, placards, signs, visible representations or any other object or thing.

Which may, in the opinion of the Commissioner, offend against decency or morality, or promote on ground of religion, race, place of birth, residence, language, castle or community or any other ground whatsoever, disharmony, feelings of enmity or hatred or ill-will between different religious, racial, language or regional groups or castes of communities.

(2) No prohibition under this section shall remain in force for more than three months:

Provided that if the State Government consider it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, they may, by notification, direct that the order issued under sub-section (1) shall remain in force for such further period not exceeding six months from the date on which such order would have, but for such notification, expired, as they may specify in the said notification.

(3) whoever, contravenes any prohibition made under this section shall, on conviction, be liable to imprisonment for a term which may extend to six months, and with fine which may extend to two thousand rupees.

(4) Nothing contained in clause (a) of sub-section (1) shall apply to-

(i) the holding of or taking part in, any drill with arms or training with arms held by the,-

(a) members of Home Guards;

(b) members of Bharat Scouts and Guides in their capacity as such members

(c) Police-personnel;

(d) Fire service personnel;

(e) Jail service personnel;

(f) members of the armed force of the Union including the National Cadet Corps; or

(ii) the doing of any physical exercise other than drill with arms or training with arms.

(5) Notwithstanding anything contained in this section, if the State Government are satisfied that it is necessary or expedient in the public interest so to do, they may, by notification, exempt, subject to such conditions as they deem fit, any person or class of persons from the provisions of clause (a) of sub-section (1) of this section.

For the purposes of this section ˜arms' means any type of offensive weapon and includes lathi and stick."

(Sec-42, renumbered as section " 42(1) and section " 42(2) added by T.N. Act VI of 1933.) [42.
Commissioner may grant warrant to enter common gaming-house:- (1)]

If the commissioner has reason to believe that any (Substituted by T.N. Act XIII of 1929) [place] is used as a common gaming-house, he may by his warrant give authority to any Police-Officer above the rank of a constable to enter, with such assistance as may be found necessary, by night or by day and by force if necessary, and such (Substituted by T.N. Act XIII of 1929.) [place] and to arrest all persons found thereon, and to seize all instruments of gaming and all moneys and securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein, and to search all parts of such (Substituted by T.N. Act XIII of 1929.) [place] and also the person found therein.

(Substituted by T.N. Act VI of 1933.) [(2) The commissioner may, instead of issuing a warrant under sub-section (1), himself exercise all or any of the powers exercisable under such warrant]

43.
Cards, dice, etc.. found in search under last section to be evidence that place is common gaming-house:- Any cards, dice, gaming table or cloth, board or other instruments of gaming found in any (Substituted by T.N. Act XIII of 1929) [place] entered or searched under the provisions of the last preceding section, or on any person found therein, shall be evidence that such (Substituted by T.N. Act XIII of 1929.) [place] is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Police-officer or any of his assistants.

44.
Proof of playing for stakes unnecessary:- In shall be unnecessary, in order to convict any person of keeping a common-gaming-house or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager, (Ins. by T.N. Act XIII of 1929) [bet] or stake.

45.
Penalty for opening, etc., a common gaming-house:- Whoever opens, keeps or uses or permits to be used any common gaming-house, or conducts or assists in conducting the business of any common gaming-house, or advances or furnished money or gaming therein, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment not exceeding three months, or to both.

Criminal P.C. Secs 4(1) and (20, 154,156, 161 &173) Constitution of India, Art 21, Registering of a case under sec. 75, City Police Act " Duty to follow the provisions under Criminal P.C. regarding investigation etc.- Failure to register FIA to follow the provisions of Sections 156 and 157, Crl P.C. to examine the witness, to record statements under Section 161(3) to furnish copies of Statements to accused and to submit report under Sec. 173 " Proceedings held, vitiated. " 1984 LW (Clr) 48- Varadan & Two others Vs State.

Common Gaming House- What is " "Gaming" " Meaning of

The Constituent for the offence under Sec.45 and 46 of the Act is that the place used for gaming should be a common gaming have as defined in the Act. Profit or gain to the persons owning, occupying using or instruments of gaming or of the place or otherwise howsoever is a necessary and primary element and when that is not established, there can be no offence under Sec. 45 or 46 of the Act. -1966 LW (Crl) 38 Sum-S.R. Subramaniam and others, Inre.

The offence of keeping or using a room as a common gaming house can be made out only if there is sufficient proof of presence of element of profit. The mere fat that sometimes persons play cards in a house and perhaps for money, does not necessarily make it a common gaming house " 1952 MWN 162:

Charge sheet field by Police without following procedure of investigation Not-legal-(1984) LW (Crl) 48.

To be a common gaming house; it must be proved that the owner or occupier takes a fixed commission, which is irrespective of the result of the gaming. The essential element is charge for the use of common gaming house " 1960 MLJ (Crl) 16;

To prove the offence it is necessary that the person owned the house or occupier thereof and that the instruments of gambling were kept and used for profit. 1960 MLJ (Crl) 16;

Offence under-proof of AIR 1955 " NUC 3224 (Mad);

Gain is a necessary element to prove the charge " 1954 Crl LJ 56. AIR 1954 Mad 134;

The essential element is charge for the use of common gaming house " 1960 MLJ (Crl) 16;

In the absence of evidence to show that a place where cards are played is used for the profit or gain of the person owning, occupying, using or keeping the place, then it would not become a common gaming house, a prosecution in respect if the said premises under section 45 and 46 of the City Police Act will not lie " 1977 " T.L.N.J.244.

46.
Penalty for being found common gaming in a gaming-house:- Whoever is found gaming or present for the purpose of gaming in a common-gaming-house shall on conviction be liable to fine not exceeding two hundred rupees or to imprisonment not exceeding one month; and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.

Criminal P.C. Secs 4(1) and (20, 154, 156, 161 & 173) Constitution of India, Art 21, Registering of a case under sec. 75, City Police Act " Duty to follow the provisions under Criminal P.C. regarding investigation etc. " Failure to register FIA to follow the provisions of Sections 156 and 157, Crl P.C. to examine the witness, to record statements under Section 161 (3) to furnish copies of Statement to accused and to submit report under Sec.173 " Proceedings held, vitiated " 1984 LW(Clr) 48-Varadan & Two others Vs State.

The offence of keeping or using a room as a common gaming house can be made out only if there is sufficient proof of presence of element of profit. The mere fact that sometimes persons play cards in a house and perhaps for money, does not necessarily make it a common gaming house " 1952 MWN 162;

Charge sheet field by Police without following precedure of Investigation Not-legal-(1984) LW (Crl) 48.

Offence under-proof of AIR 1955 " NUC 3224 (Mad);

Gain is a necessary element to prove the charge " 1954 Crl LJ 56. AIR 1954 Mad 134;

"Found Gaming" is a wider than "seen gaming" " (1960) MLJ (Crl)16;

There must be the element of a profit to the person owning " or occupying the place " AIR 1955 NUC 3224.

In the absence of evidence to show that a place where cards are played is used for the profit or gain of the person owning, occupying, using or keeping the place, then it would not become a common gaming house, a prosecution in respect if the said premises under section 45 and 46 of the City Police Act will not lie " 1977- T.L.N.J. 244.

47.
Instruments of gaming may be ordered to be destroyed on conviction:- On conviction of any person for keeping a common gaming-house, or being present therein for the purpose of gaming, all the instruments of gaming found therein may be destroyed by order of the Magistrate, and such Magistrate may order all or any of the other articles seized, or the proceeds thereof, to be forfeited.

Common Gaming House- what is- "Gaming" " Meaning of.

The Constituent for the offence under Sec.45 and 46 of the Act is that the place used for gaming should be a common gaming have as defined in the Act. Profit or gain to the persons owning, occupying using or instruments of gaming or of the place or otherwise howsoever is a necessary and primary element and when that is not established, there can be no offence under Sec. 45 or 46 of the Act.-1966 LW(Crl) 38 Sum-S.R.Subramaniam and others, Inre.

It is only money which is suspected of having been used for the purpose of gaming that can be confiscated " duty of court to exercise such power; (1960) MLJ (Crl) 16;

Before ordering forefeiture the court must be satisfied that the money or goods seized were used or intended to be used for gaming " AIR 1954 Mad 134;

48.
Indemnification of witness:- Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who upon such examination shall make true and faithful discovery to the best of his knowledge of all things as to which he shall be so examined, and who shall thereupon receive from the said Magistrate a certificate in writing to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.

49.
Saving of games of skill:- Nothing in sections 42 to 48 of this Act shall be held to apply to games of mere skill wherever played

"Mere" " meaning of " (1960) MLJ (Crl) 16;

(Sec. 49.A originally Inserted by T.N. Act VII of 1949 and Subsequently Substituted by T,N. Act XVI of 1955.) [ 49-A.
Penalty for opening, etc., any enclosure, etc., for certain forms of gaming:- (1) Whoever:-

(a) being the owner or occupier or having the use of any, house, room, tent, enclosure, vehicle, vessel or place, opens, keeps or uses the same for the purpose of gaming

(i) on a horse-race, or

(ii) on the market price of cotton, bullion, or other commodity or on the digits of the number used in stating such price, or

(iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or

(iv) on the market price of any stock, or share or on the digits of the number used in stating such price or

(v) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place, or

(vi) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes in money or otherwise is made to depend on chance; or

(b) being the owner or occupier of any such house, room, tent, enclosure, vehicle, vessel or place knowingly or willfully permits the same to the opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or

(c) has the care or management of, or in any manner assist in conducting the business of, any such house, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or

(d) advances or furnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such house, room, tent, enclosure, vehicle, vessel or place, (Substituted by T.N. Act XVIII of 1975.) [shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court:-

(i) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for the first offence.

(ii) such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for the second offence ;and

(iii) such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees for the third or any subsequent offence.]

In any place to which the public have or are permitted to have access S 49-A(3) should be ejusdem generis with public street or through-fare. It must be a place to which the public have either right of access or grant of access. Pial of a house does not fall within the definition " 71 LW 136;

(2) Whoever is found in any house, room, tent, enclosure, vehicle, vessel, or place referred to in sub-section (1), gaming on any of the objects specified in that sub-section or person for the purpose of gaming on any such object shall be punishable with imprisonment which may extend to five hundred rupees or with both.

Any person found in any such house, room, tent enclosure, vehicle, vessel or place during any gaming therein on any of the objects specified in sub-section (1) shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on such object.

(3) Whoever is found gaming on any of the objects specified in sub-section (1) in any public street or thoroughfare, or in any place to which the public have or are permitted to have access shall be punishable with imprisonment which may extend to three months or with fine which may extend to three hundred rupees, or with both.]

Under section 24 of the Act, the Police officer can arrest without any warrant any person if he commits in his view offence punishable under the Act. "(1972 T.L.N.J. 132).

When an offence involving breach of peace, there can be an order binding over under S 106 Crl P.C. That is in addition to the levy of fine and imprisonment. "(1958) MLJ (Crl) 627;

In any place to which the public have or are permitted to have access S 49-A(3) should be ejusdem generiS with public street or through-fare. It must be a place to which the public have either right of access or grant of access. Pial of a house does not fall within the definition " 71 LW 136;

(Section 49-B. Inserted by T.N. Act XVII of 1975) [49-B. (1) Where any trial of an offence punishable under sub-section (1) of section 49-A, it is proved that:-

(i) slips containing digits showing the market price of cotton, bullion or other commodity, or

(ii) accounts which appear to relate to cash received or disbursed, for the purpose of wagering or betting on the market price of cotton, bullion other commodity, or

(iii) newspapers containing publication of such price, are found in any house room, tent, enclosure, vehicle, vessel or place, it shall be presumed, until the contrary is proved, that such house, room tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of sub-section (1) of Section 49-A.

(2) Where in any trial of an offence punishable under sub-section (2) or sub-section

(3) of section 49-a, it is proved that the accused person is found in possession of any of the materials specified in sub-section (1), it shall be presumed, until the contrary is proved, that the accused has committed the offence under sub-section (2) or sub-section (3), as the case may be of section 49-A.]

(Section-50 substituted by T.N. Act XXXV of 1950) [50.
Payment of portion of fine to informants and police officers:- (1) [the Magistrate may direct any portion, not exceeding one-half, of any fine which shall be levied under (Substituted by T.N. Act XVI of 1955.) [section 45, section 46 or section 49-A] and of the moneys or proceeds of articles seized and ordered to be forfeited under section 47, to be paid to such informants and Police-officers as may have assisted in the detection of the offender. A direction under this sub-section may also be made by any court of appeal, reference or revision.

(2) Where a direction is made under sub-section (1), the Magistrate concerned shall send the amount to be paid under that sub-section, to the Commissioner who shall distribute it among such of the informants and Police-officers aforesaid as may be chosen by him and in such proportions as he thinks fit.

(3) The amount aforesaid shall not be sent to the Commissioner until the expiry of three months from the date of the direction under sub-section (1) or if an appeal is presented within that period, until the appeal has been disposed of.]

52.
Penalty of cheating at games:- Whoever by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in bearing a part on the stakes, wagers, (Inserted by T.N. Act XIII of 1929.) [bets] or adventures, or in betting on the sides or hands of the players, or in wagering (Inserted by T.N. Act XIII of 1929.) [or betting] on the event of any game, sport, pastime or exercise, wins from any other persons for himself or for any other or others any sum of money or valuable thing (Substituted. by T.N. Act XX of 1936.) [shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both.]

(Inserted by T,N. Act XXIII of 1941 reenacted by T.N. Act X of 1949.) [51-A.
Power to direct removal of person from city in special cases :- (1) Whenever the Commissioner is satisfied from information received or otherwise:-

(a) that the movements or acts of any person in the City of Madras (Omitted by T.N. Act 38 of 1985.) [-------] are causing, or are calculated to cause, alarm, danger or harm to person or property, or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of any offence involving force or violence or punishable under Chapter XII, XVI, XVII of the India Penal Code XLV of 1860 or in the abetment of any such offence; and

(b) that witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part regarding the safety of their person or property, the Commissioner, may, by an order in writing signed by him direct such person so to conduct himself as shall seem necessary to the Commissioner to prevent such alarm, danger or harm or the commission of such offence, or require such person to remove himself outside the said City, within such time as may be specified in the order.

(Explanation omitted by T.N. Act 38 of 1985.) [ ]

(Sub-sections. 1A and 1B Inserted by ibid.) [ (1-A) Whenever the Commissioner has reason to believe that any person in the City of Madras who has been convicted of an offence under section 135 of the Customs Act, 1962 (Central Act 52 of 1962) is likely again to engage himself in the commission of the offence for which he was convicted, the Commissioner may by an order in writing signed by him, require such person to remove himself outside the said city and any district or districts or any part thereof contiguous thereto, by such route and within such time as may be specified in the order;

(1-B) The order under sub-section (1) or sub-section (1-A) shall specify the period not exceeding two years during which such order shall return in force.]

2. Before an order is passed against any person under sub-section (1), (Substituted by T.N. Act 38 of 1985.) [or Sub-section (1-A) the (Inserted by T.N. Act 23 of 1995.) [Commissioner or joint Commissioner or any Deputy Commissioner] authorised by him shall inform such person in writing of the general nature of the material allegations against him and gave him a reasonable opportunity of explaining those allegations. The (Inserted by T.N. Act 23 of 1995.) [Commissioner or joint Commissioner or Deputy Commissioner] may also examine any witness produced by such person. Any written statement made by such person shall be filed with the record.

Such person shall be entitled to appear before the (Inserted by T.N. Act 23 of 1995.) [Commissioner or joint Commissioner or Deputy Commissioner] by an advocate or attorney for the purpose of explaining the allegations against him and examining the witnesses produced by him.

(3) The (Inserted by T.N. Act 38 of 1985.) [Commissioner or joint Commissioner or Deputy Commissioner] authorised under sub-section (2) may, for the purpose of securing the attendance of any person against whom an order is proposed to be made under sub-section (1) or (Substituted by T.N. Act 38 of 1985.) [sub-sec (1-A)], exercise all or any of the powers of a Court under section 75 to 77 of the Code of

Criminal Procedure, 1898 (Central Act V of 1898) (See Act 2/1974.)

(4) Any person aggrieved by an order of the Commissioner under sub-section (1) [or sub-section (1-A)] (Inserted by T.N. Act 38/85) may, within thirty days from the date of such order, appeal to the (Substituted by A.O. of 1950.) [State] Government who may, after considering all the circumstances of the case, confirm, vary or rescind, the order. Where an appeal is preferred to the (Substituted by A.O. of 1950.) [State] Government under this sub-section, they may at their discretion, subject to such conditions, if any, as they may think fit to impose, stay the operation of the Commissioner's order, pending the passing of final orders on the appeal.

(5) No order passed by the Commissioner under sub-section (1) or (Inserted by T.N. Act of 1985.) [sub-sec (1A)], by the (Substituted by A.O. of 1950.) [State] Government under sub-section (4) shall be called in question in any Court except on one or more of the following grounds, namely:-

(a) that the procedure laid down in sub-section (2) was not followed; or

(b) that there was not material upon which the order could have been based; or

(c) that there was no sufficient ground's for believing that witnesses were not willing to come forward to give evidence in public against the person in respect of whom the order was made.

(6)(a) Any person who is guilty of the breach of any direction given to him under sub-section (1) [or sub-section (1-A)] (Inserted by T.N. Act 38/85) or sub-section (4) shall be punishable with imprisonment which may extend to two years or with fine or with both.

(b) if any person directed under sub-section (1) or sub-section (4) to remove himself outside the City of Madras fails or refuses to do so or re-enters the said City while such direction is in force, the Commissioner may, in lieu of or in addition to prosecuting such person under clause (a), cause him to be arrested and removed in Police custody to such place outside the said City as he may direct.

(7) Nothing in this section shall be deemed to require any Police-Officer to disclose to the person against whom an order is made under sub-section (1) or to any Court the sources of his information or any fact the communication of which might, in the opinion of the commissioner, lead to the disclosure of the identity or name of any informant.

In a notice issued to a person under Sec. 51-A, there is no allegation that the person is using force or threat to witnesses to prevent them from deposing to the three allegations mentioned in the notice and this petition was filed to quash the notice.

Rajkumar Bhagwatsaran Vs Commissioner of Police " 1968 L.W. (Crl) 177, Madras

52.
Brothles:- If the Commissioner has reason to believe that a house is used as a common brothel or lodging-house for prostitutes, or disorderly persons of any description, he may summon the owner or tenant of the house, and on being satisfied that the house is so used and is a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it.

53.
Penalty for cruelty to animals:- Whoever cruelly beats, ill-treats or tortures any animal, or causes any animal to be cruelly beaten, ill-treated or tortured, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.

54.
Appointment infirmary animals:- The (Substituted by A.O of 1950) [State Government] may from time to time appoint places to be infirmaries for the care and treatment of animals in respect of which an offence has been committed under the last preceding section, and may nominate fit persons to give certificates of discharge from such infirmary.

55.
Magistrate may order animal to be destroyed or sent to infirmary:- Upon conviction of an offence under section 53 of this Act, a Magistrate may after due inquiry order that the animal in respect of which the offence has been committed shall either be destroyed or be sent for care and treatment to an infirmary; and the Magistrate may by his order direct that the reasonable expenses of such care and treatment, or any portion thereof, shall be paid by the owner of such animal.

56.
Animals sent to infirmary may be detained and shall be removed after notice:- Every animal so sent for treatment may be detained at the infirmary until its discharge is authorized by a person nominated under section 54; and thereupon the person in charge of the infirmary shall give notice to the owner of the animal, requiring him to pay any sum due under the order of the Magistrate on account of the care and treatment of the animal, and to remove it from the infirmary within forty-eight hours from the service of such notice.

57.
In default of payment by owner of charges, etc, animal may be sold: - If the owner shall refuse or neglect to pay the sum due and to remove the animal within the time specified in section 56, any Magistrate may direct that the animal be sold, and that the proceeds, deducting costs of sale, be applied to the payment of the sum due. Any surplus shall, on application within two months from date of sale, be paid to the owner of the animal, and in default of such application shall be forfeited to Government, but the owner shall not be liable to make any payment in excess of the net proceeds of such sale.

58.
Magistrate may order delivery of animal to owner: - Any Magistrate may, at

any time and upon such terms as he thinks fit, direct that any animal detained under the provision of section 55 of this Act shall be delivered to the owner thereof.

59.
Costs of inquiries:- All costs of inquiries under section 55 of this Act shall be recoverable in the manner provided for the levying of fines from such persons connected with the inquiry as the Magistrate may direct.

60.
Stray animals to be impounded:- It shall be lawful for all persons to seize any cattle found straying upon any (Substituted. by T.N. Act of 10 of 1949) [Public place] or trespassing on any (Substituted. by ibid.) [private grounds] and to confine such cattle in any pound appointed by the Commissioner and if such cattle shall not be redeemed by the owners within ten days after being so impounded by paying to the person having charge of such pound the fee of (Substituted. by T.N. Act XVII of 1975.) [Three rupees] for every goat, sheep or pig, and Five rupees for every other animal, together with the expenses of feeding the same while impounded, according to such daily rate as may from time to time, be fixed by the Commissioner, such cattle shall be publicly sold and the proceeds of such sale, after paying the said fee and the expenses of feeding, shall be paid to the owners thereof, or in default of their claiming such proceeds for the space of fifteen days after such sale, shall be credited to any fund applicable to Police purposes.

61.
Powers to the police and the (Substituted. by A.O. of 1970.)
[Tamil Nadu] Fire Services on the occasion of a fire:- On the occasion of a fire in the City of Madras, the Commissioner or any Police-Officer above the rank of constable (Substituted. By T.N. Act XVII of 1975.) [or any member of the (Substituted. by A.O. of 1970.) [Tamil Nadu] Fire Services above the rank of fireman] may:-

(a) remove or order the removal of any persons who by their presence interfere with or impede the operations for extinguishing the fire or for saving life or property, and may close any street or passage in or near which any fire is burning;

(b) by himself or those acting under his orders break into or through, or pull down, or use for the passage of hoses or other appliances any premises for the purpose of extinguishing the fire, doing as little damage as possible;

(c) cause the mains and pipes of any district to be shut off so as to give greater pressure of water in the place where the fire has occurred;

(d) call on the persons in charge of any fire-engine to render such assistance-as may be possible; and

(e) generally, take such measures as may appear necessary for the preservation of life and property.

Any damage done on the occasion of fires by members of the (Substituted. by A.O. of 1970.) [Tamil Nadu] Fire Services or of] any fire-brigade or by Police-Officers or their assistants in the due execution of their duties shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire, But nothing in this section shall exempt any officer of Police or any member of the (Substituted. by A.O. of 1970.) [Tamil Nadu] Fire Services or of] any fire brigade from liability to damages on account of any acts done by him without reasonable cause.

62.
Cost of establishments, etc, for extinguishing fire to be defrayed by the municipality:- All charges on account of establishments and appliances for extinguishing fire maintained by the Police under the orders of the (Substituted by A.O. of 1970) [State Government] for general use, and all expenses incurred on the occasion of any fire by the Police in the execution of their duty, shall be paid by the Municipal Commissioners for the City of Madras upon the Commissioner certifying the amount thereof.

(Section 62-A Inserted by T.N. Act XIII of 1933.) [62.A. -
A Penalty for false alarm of fire:- Whoever gives or causes to be given to any fire-brigade in the City of Madras or (Substituted Madras Act VIII of 1947 and substituted by T.N. A.O., 1970.) [to any member thereof or to any member of the Tamil Nadu Fire services having jurisdiction over the City or any part thereof whether by means of a street fire-alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be liable on conviction to fine which may extend to fifty rupees].

Added by T.N. Act VIII of 1947.) [Who ever is convicted under this section, after having been previously convicted either under this section or under section 43 of the (Substituted. By A.O. of 1969.)[Tamil Nadu] District Police Act, 1859, shall be liable to simple imprisonment for a period which may extend to six months and shall also be liable to fine.]

63.
Penalty for willful trespass:- Whoever without reasonable excuse willfully enters into or on any dwelling-house or other building or on any land or ground attached thereto, or on any boat or vessel, or on any ground belonging to the (Substituted. by A.O. of 1950) (Government) or appropriated to public purposes, shall be liable on conviction to fine not exceeding twenty rupees.

64.
Penalty for being found armed between sunset and sunrise intending to commit an offence, etc.:- Whoever is found between sunset and sunrise:-

(1) armed with any dangerous instrument with intent to commit an offence, or

(2) having his face covered or otherwise disguised with intent to commit an offence, or

(3) in any dwelling-house or other building, or on board any vessel or boat, without being able to give satisfactorily to account for his presence there, or

(4) lying or loitering in any (Substituted. by T.N. Act XXIII of 1941.) [bazaar, yard or Public place], being a reputed thief and without being able to give a satisfactory account of himself, or

(5) having in his possession without lawful excuse any implement of house-breaking may be arrested by any Police officer without a warrant, and shall be liable on conviction to imprisonment for any term not exceeding three months.

The essential element is charge for the use of common gaming house " 1960 MLJ (Crl) 16;

65.
Penalty for possession of property believed to have been stolen:- Whoever is found in possession or is proved to have been in possession of anything which there is reason to believe to be stolen property or property fraudulently obtained and for the possession of which he fails satisfactorily to account, shall be liable on conviction to fine not exceeding one hundred rupees or to imprisonment not exceeding three months.

Ingredients-possession of sarees of foreign origin-whether presumption could be drawn. 1966 L.W. (Crl) 38 Sum " Sahul Hameed, Inre.

Accused Convicted- Third party claiming the goods- No rival claimants " Order of Confiscation of Goods- propriety of Effect- 1968 L.W. (Crl) 28 Sum

Possession of property- for which a person is unable to account, will not be sufficient to sustain a conviction under Sec. 65 of the Madras City Police Act unless it is also established that there is reason to believe that such property was stolen property obtained by fraudulent means.- 1968 L.W. (Crl) 182 " Sheik Abubuker and another, Inre.

Ingredients- Reasons to believe that property is stolen calling for explanation- Necessity " 1969 - L.W. (Crl) 245; Kanniammal, Inre.

Possession of articles believed to be stolen property " evidence " Burden on prosecution-Scope-Mothilal, Inre " 1975 L.W. (Crl)9

Ingredients for an offence- stolen property- -Distinction between Madras City Police Act and I.P.C.- "Reason to believe" satisfactorily account and possession ˜fraudulently; and ˜suspect' meaning of Burden of proof-scope-Ingredients of Sec.65, Madras City Police Act and sec. 410 I.P.C explained.- 1977 L.W. (Crl) 178.

Ingredients-Burden of proof, shifting of Absence of evidence as to property found being either stolen property of fraudulently obtained- Duty of the prosecution-scope.- 1979 L.W. (Crl) 37, Mani, Inre.

For an offence to be proved it must be established that the accused was in possession of certain property for which he was not in a position to account. It is the duty of the court to be satisfied, Section deals only with stolen property " (1965) 2 MLJ 381.

The goods must be stolen or fraudulently acquired " 78 LW 191.

To be convicted, it must be proved that the property was stolen. The accused has to account satisfactorily for his possession. Mere possession is not an offence. (1964)2 MLJ 470;

There is not uncontrolled power under this section. Reasonable belief must be there (1962) 2 MLJ 255;

Section does not offend Art 14 of the Constitution " AIR 1955 Mad 100;

When offence is made out " AIR 1955 NUC 5667 Mad.

It is the duty of the prosecution to prove that there were grounds to believe that property was stolen " (1975) LW (Crk) 9;

It is the duty of the accused to satisfactorily account for the possession of the goods.-(1977) LW (Crl) 178;

Magistrate ought to have recorded the substance of the accusation read out to the accused and made the accused understand the implications of his pleading guilty. The Presidency Magistrates in the City of Madras may use their judicial discretion in not proceeding with the inquiry or trial immediately on the production of the accused before the courts. In many cases accused have been tutored or lulled into pleading guilty even to very unsatisfactory and cryptically worded accusation which accusation do not bring out the ingredients of the offence for which the accused are charged. In such cases trial may be taken after a day's interval in the interest of judice. " 1972 T.L.N.J 124.

66.
Penalty for buying or taking pledge from a child:- Whoever, without the knowledge and consent of the owner, buys any article from any child apparently under the age of fourteen years, or takes any article as a pawn, pledge or security for any sum of money lent or advanced to such child, shall be liable on conviction to fine not exceeding one hundred rupees.

67.
Penalty for introducing spirits, etc. into barracks or on board vessels of war:- Whoever introduces, or attempts to introduce, into Fort St. George or into any military barracks, guard-room or encampment or on board any vessel of war belonging to (Substituted. by A.O. of 1950) (Government) any spirituous or fermented liquor or intoxicating drug or preparation, without the licence in writing of the Commanding Officer and not intended for some person above the rank of non-commissioned Officer, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding two months, and such liquor, drug or preparation, and the vessels containing the same, shall be liable to be forfeited.

68.
Penalty for introducing spirits, etc., into hospitals:- Whoever introduces, or attempts to introduce without due permission into any public hospital, any spirituous or fermented liquor or intoxicating drug or preparation shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment not exceeding two months.

69.
Penalty for carrying weapon without authority:- Whoever, not being a soldier or sailor (Substituted. By A.O. of 1950.) [In the Indian Army or Navy] or a Police-Officer or a member of a Volunteer Corps, goes armed with any sword, spear, gun or other offensive weapon in any public place, unless by leave of the Commissioner, shall be liable to be disarmed by any Police-officer, and the weapon so seized shall be forfeited to Government unless redeemed by payment of such fine not exceeding ten rupees as the Commissioner may impose.

Commissioner's power under Section 69 to disarm the weapon carried by the accused and forfeit the same and to impose a fine not exceeding Rs. 10 " Filing of a charge in court not contemplated Requisites of an offence under Sec. 75(2)- Absence of allegation of drunkenness or violent or indecent behaviour- occurrence within a private premises- Held offence not made out. " 1985 L.W. Crl.24.-Rajasekaran and others Vs State.

70.
Penalty for harbouring deserters from vessels:- Whoever willfully harbours or conceals any seamen or apprentice belonging to any vessel knowing or having reason to believe such seaman or apprentice to be a deserter, shall be liable to conviction to fine not exceeding one hundred rupees.

71.
Penalty for certain offences in (Substituted by T.N. Act XXIII of 1941 and reenacted by T.N. Act X of 1949.)
[public place]
Rash and negligent driving:- Whoever, in any (Substituted by T.N. Act XXIII of 1941 and reenacted by T.N. Act X of 1949.) [public place] commits any of the following offences, shall be liable on conviction to fine not exceeding (Proviso Inserted by T.N. Act XXXV of 1981.) [two hundred and fifty rupees] or to imprisonment which may extend to (Substituted by T.N. Act XXIII of 1941 and reenacted by T,N. Act XVII of 1975.) [three months]:-

(Proviso Inserted by T.N. Act XXXV of 1981.) [Provided that a person convicted for an offence under clause (xvi) shall also be liable to pay by way of compensation to the owner or occupier such amount not exceeding five hundred rupees as the court may, by order, direct which may, in the opinion of the court be reasonably incurred by such owner or occupier in erasing and colour " washing the portion of the public place or any building, monument, statue, effigy, post, wall, fence, tree or other erection therein which has been defaced, disfigured, written upon or otherwise marked.]

(i)
Rash or negligent driving:- Whoever drives or rides any animal, or drives, drags or pushes any vehicle in a rash or negligent manner.

(ii)
Causing obstruction by negligence in driving cattle:- Whoever by negligence or ill-usage in driving cattle causes any mischief or obstruction by such cattle.

(iii)
Driving, etc., elephant or camel without Commissioner's permission:- Whoever, drives, rides, or leads any elephant or camel without permission form the Commissioner.

(Clause (iv) Omitted T.N. Act VII of 1940.) [ X X X ]

(Substituted. by T.N. Act XX of 1936.) (v)
Driving, etc., otherwise than in accordance with the rule of road:- Whoever without reasonable cause, drives, drags or pushes any vehicle otherwise than in accordance with the rules of the road notified from time to time by the (Substituted. by A.O. of 1950.) [State Government], or fails, to obey the directions of a Police officer for the time being in charge of the regulation of traffic.]

(vi)
Driving, etc., vehicles without springs other wise than on side of road:- Whoever drives, drags or pushes any vehicle without springs on any road or street except on the side thereof.

(vii)
Driving etc., animal or vehicle on a foot way:- Whoever leads or rides any animal, or drives, drags or pushes any vehicle, upon any foot-way, or fastens any animal so that it can stand a cross or upon any foot-way.

(viii)
Permitting cattle or vehicle to be under control of child:- Whoever permits any cattle or vehicle to be under the control of a child under the age of twelve years.

(ix)
Leaving vehicle or cattle without due control:- Whoever, being in charge of any vehicle or cattle, leaves it or them at such distance as not to have the same under due control.

(x)
Exposing for show animal or vehicle, making or repairing vehicle, or training horses except as allowed by Commissioner:- Whoever cleans or exposes for show, hire, or sale any animal or vehicle, or makes or repairs any part of any vehicle except in cases of accident where repair on the spot is necessary or trains or breaks any horse except in such places and at such times as may be allowed by the Commissioner.

(xi)
Obstructing thoroughfare:- Whoever causes any vehicle to remain or stand longer than may be necessary for loading or unloading, except at places appointed for the purpose by the Commissioner, or fastens any horse or other animal so as to cause obstruction; or in any way willfully obstructs or causes obstruction to the free passage of any thoroughfare.

(xii)
Letting loose horses or ferocious dogs:- Whoever negligently lets loose any horse, or suffers any ferocious dog to be at large without a muzzle, or sets on or urge any dog or other animal to attack, worry or put in fear any person or cattle.

(xiii)
Conveying article which projects more than one and a half metres:- Whoever conveys through the streets any article which projects more than (Added by T.N. Act XVII of 1975.) [one and a half meters] in front or behind the vehicle or vehicles on which it is placed.

(xiv)
Flying a kite, wantonly frightening horse, etc :- Whoever flies a kite or wantonly frightens any horse, or in driving, dragging or pushing any vehicle creates a noise reasonably calculated to cause danger to the persons using the thoroughfare.

(xv)
Playing music, beating tom-tom, etc.:- Whoever beats a drum or tom-tom, or blows a horn or trumpet, or beats or sounds any brass or other instrument or utensil, (Omitted by T.N. Act IV of 1975.) [* * * * * *] (Substituted by T,N. Act X of 1949.) [except such times and places and subject to such conditions as shall, from time to time, be allowed] by the Commissioner.

(Substituted by T.N. Act XX of 1936.)
[(xvi) Affixing bills or defacing walls:- (Substituted by T.N. Act XXXV of 1981) [Whoever, whether by himself or by any other person on his behalf] without he consent of the owner or occupier, in any manner affixes or causes to be affixed any bill, notice, document, paper or other thing (Substitued by T.N. Act XXV of 1957.) [upon any public place] or upon any building, monument, statue, effigy, post, wall, fence, tree or other erection therein, or in any manner defaces disfigures, writes upon or other wise marks, or causes to be defaced, disfigures, written upon, otherwise marked (Substituted by T.N. Act XXV of 1957.) [any such (Substituted by T.N. Act XXIII of 1941 reenacted by T.N. Act X of 1949.) (public place) or any such building, ] monument, statue, effigy, post, wall, fence, tree, or erection.]

(xvii)
Bathing in public street:- Whoever bathes or washes himself or any other person, or any animal or clothing, except in a place set apart for such purpose.

(xviii)
Intruding on or fouling bathing-place:- Whoever obstructs or incommodes a person bathing at any place set apart as a bathing-place by willful intrusion or by washing cattle or dogs at or near such place, or in any other way.

(xix)
Using indecent or threatening language:- Whoever uses any indecent, threatening, abusive or insulting words or behaves in a threatening or insulting manner, or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned.

(Added by T.N. Act of XVII of 1975.)
[(xx). Organising assembly without providing petromax lights in addition to electric lights:- Who ever organises and assembly, meeting or procession between sunset and sunrise without providing sufficient petromax light in addition to electric lights.]

(Omitted by T.N. Act VII of 1948.) [(xxi) * * * ]

(Ins by T.N. Act IV of 1975.) [71-A.
Unauthorised use of sound amplifiers in any area:- (1) Whoever plays any music or uses any sound amplifier except at such times and in such areas and subject to such conditions as shall, from time to time, be allowed by the Commissioner or subject to his orders, any Police Officer above the rank of a Head Constable, shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment which may extend to three months.

(2) Any Police Officer referred to in sub-section (1) may subject to such rules as may be made in this behalf, seize any sound amplifier used in contravention of the terms and conditions of a licence granted under sub-section (1) and the Court trying an offence under this section may also direct the forfeiture of any sound amplifier so seized].

(Inserted by T.N. Act XXVIII of 1947 was repealed by T.N. Act XL of 1964.) [71-B to 71-L * * * ]

(Inserted by T.N. Act XXVIII of 1947 was repealed by T.N. Act XXI of 1964.)

[71M * * * ]

In the case of rashness the accused does an act and breaks a duty - AIR 1960 Mad 50;

(XV) Delegation of authority " scope of " AIR 1955 NU 3183 Mad;

72.
Penalty for gambling or cock fighting in public place:- Whoever is found gaming with cards, dice, counters, money, or other instruments of gaming in any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place], or publicly fighting cocks, or present as a spectator of such gaming or cock-fighting, shall be liable on conviction to fine not exceeding (Substituted by T.N. Act XVIII of 1975.) [one hundred rupees] or to imprisonment not exceeding (Substituted by T.N. Act XVIII of 1975.) [three months] and such instruments of gaming and money shall be forfeited.

73.
Penalty for committing nuisances in public places:- Whoever is or by the side of or near to any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place], willfully and indecently exposes his person, or commits a nuisance by easing himself, and whoever having the care or custody of any child under seven years of age omits to prevent such child from committing a nuisance as aforesaid, shall be liable on conviction to fine not exceeding fifty rupees.

(Sec -73A, Inserted by XIX of 1984.)
["73-A. Penalty for writing upon streets, etc. Whoever:-

(i) writes upon or otherwise marks any road, streets or way whether a thorough fare or not to which the public are granted access or over which they have a right to pass;or

(ii) writes upon or otherwise marks any wall; or

(iii)causes any such road, street or way or any wall to be written upon or otherwise marked.

If such writing or making offends against decency or morality or promotes on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony feelings of enmity or hatred or ill-will between different religions, racial language or regional groups or castes or communities, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment which may extend to three months or with both"]

74.
Penalty for lighting bonfire, burning straw (Inserted by T.N. Act XXXVII of 1961) [drawing carrying, dragging or burning an effigy] discharging fire-alarm, etc., in or near any public place:- Whoever, except at such times and places as the Commissioner may allow, in or near any (Substituted by T.N. Act (XXIII of 1941) reenacted by T.N. Act X of 1949.) [public place] lights any bonfire, sets fire to or burns any straw or other matter, (Inserted by T.N. Act XXXVII of 1961) [or draws, carries, drags, or burns any effigy or] discharges any fire-arm or air-gun, sets off, discharges any firework, or sends up any fire-balloon, or permits such act to be done in premises over which he has control, shall be liable on conviction to fine not exceeding fifty rupees. In the event of any such act being done within any private premises, the person having the immediate control of such premises shall be deemed to have permitted the act, unless he can prove that the act was committed without his knowledge.

(Substituted by T.N. Act XVII of 1975.) [75.
Penalty for drunkenness or riotous or indecent behaviour in public place:-

(1) Whoever, in any public place, office, station-house or courts,

or in any place of public amusement or on board any passenger boat or vessel, is:-

(a) found drunk and incapable of taking care of himself; or

(b) found drunk and under the influence of liquor or drug; or

(c) found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or is likely to cause a breach of public peace, shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupees.

(2) Whoever is:-

(a) found drunk and behaving in a violent or riotous or indecent manner in a private place, or causing, nuisance or annoyance to the public or to neighbours; or

(b) found drunk and under the influence of liquor or drug while driving or riding a vehicle, shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupees].

Tea Shop is public place-1969 LW (Crl) 11, 33 Mad 83 and 1963 MWN Crl 72.

Criminal P.C. Secs 4(1) and (20, 154, 156, 161 & 173) Constitution of India, Art 21, Registering of a case under sec.75, City Police Act " Duty to follow the provisions under Criminal P.C. regarding investigation etc.- Failure to register FIR to follow the provisions of Sections 156 and 157, Crl P.C. to examine the witness, to record statements under Section 161(3) to furnish copies of Statements to accused and to submit report under Sec. 173 " Proceedings held, vitiated.-1984 LW(Clr) 48-Varadan & Two others Vs State.

Commissioner's Power under Section 69 to disarm the weapon carried by the accused and forfeit the same and to impose a fine not exceeding Rs. 10 " Filing of a charge in court not contemplated Requisites of an offence under Sec. 75(2)- Absence of allegation of drunkenness or violent or indecent behaviour " occurrence within a private premises- Held offence not made out. -1985 L.W. Crl. 24.-Rajasekaran and others Vs State.

Mere use of abusive or insulting words not sufficient likelihood of causing breach of the public peace necessity-Sub Inspector of Police, after giving the Complaint/First Information Report, himself investigating the case, filling the charge sheet and deposing before the court " Illegality in procedure ingredients of the offence under Sec.75.

Criminal Trial: Sub Inspector of Police, after giving the complaint/first information Report himself investigating the case, filling the charge sheet, and deposing before the court Illegality in procedure-Sec. Madras City Police Act.Sec.75.-1985 L.W.(Crl) 336-Singaravelu Vs. State.

Report of a Police officer on a non-cognisable offence-Amounts to a compliant under Sec.190(1)(a) - Meaning of the word "any" words and phrases.

It is now well settled that the police mentioned in Sec.190(1)(b), Crl. P.C. is not limited Co. a report mentioned in 14, Crl. P.C. The word "any" in Sec. 190(1) (b) is comprehensive enough to include a report lodged by even a police officer other than the officer who made the investigation.

The report of a police officer on a non-cognisable offence, which he was not authorized by a competent Magistrate to investigate, would amount to a complaint under Sec. 190(1)(a) Crl.P.C. " 1970 L.W.(Crl)274 " Rajkumar Bhagavatsoram, Inre.

Use of abusive words " offence " proof of " 1993 LW (Crl) 53;

An offence under s.75 is a cognizable one and therefore provisions of Crl.P.C. relating to investigation have to be followed (1990) 2 MWN (Crl) 46;

Offence under this section being cognizable one investigation is mandatory. Statements under S 161 Crl.P.C. have to be recorded. Mere recording FIR is not enough.- (191) MWN (Crl) 246:

Charge sheet filed by Police without following procedure of investigation Not-legal-(1984) LW (Crl) 48.

Object of " (1964) 1 MLJ 445;

Order of payment of compensation to the acquitted person by the convicted person " court has no power " AIR 1958 Mad 283;

Person abusing in filthy language and behaving in a riotous and disorderly fashion in public place are punishable. Their sobernus is not relevant " AIR 1950 Mad 31;

Scope of " (1956) 1 MLJ 220;

Public place what is " (1972)LW (Crl)145;

Scope of "1972 LW (Crl) 64;

One of the main ingredients of this section is that the riotous or disorderly or indecent should be in a public place " (1978) LW (Crl) 194;

(Substituted by T.N. Act XXXVII of 1961.) [76.P
ower to cancel or suspend any licence and penalty for breach of conditions of licenses:- (1) The Commissioner may, at any time and, for reasons to be recorded in writing, cancel or suspend any licence granted under this Act.

Provided that no such cancellation or suspension shall be ordered unless the holder of the licence has been given a reasonable opportunity of showing cause against the order proposed to be made in regard to him.

(Inserted by T.N.Act of XLIV of 1979.) [(1-A) Notwithstanding anything contained in the proviso to sub-section(1) in so far as it relates to suspension of any licence granted under this Act, where a prima facie case has been made out, the Commissioner may, at any time and for reasons to be recorded in writing, suspend any licence granted under this Act and in such a case, no show cause notice is necessary]

(2)In the event of breach by the holder of a licence granted under this Act or by his servants or by any one acting or purporting to act with his express or implied permission on his behalf, of any of the conditions of such licence, such holder shall, in addition to the cancellation or suspension of the licence granted to him, be liable on conviction to a fine not exceeding one hundred rupees.

(3) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, be liable to the same punishment.

Licence issued for running a Lodge. The word "disorder" in the condition of licence does not mean that there should be a rioting of affray. A brothel is certainly a "disorderly house". If the place is used for brothel, it is sufficient breach of the condition and commissioner has the power to cancel the licence. "permit" " meaning of " physical presence of the licencee is not necessary to attract penalty. " (1956) 1 MLJ 220;

77.
Fee for licence: - For every licence or permission granted under this Act, the Commissioner may levy such fee not exceeding (Substituted by T.N.Act LXIII of 1979.) [seventy-five rupees] as may from time to time be fixed by the (Substituted by A.O. by 1950.) (State Government).

78.
Power to make by-laws :- The (Substituted by A.O. 1937) [State Government] may make by-laws consistent with this Act for more effectually carrying out the objects thereof and for the preservation of order, and may from time to time repeal, alter or amend any such by-law.

79.
By-laws to be published in English and vernacular : - Every by-law shall be published in the (Substituted by A.O.1937). [Official Gazette] in English, Tamil, Telugu and Hindustani: and no by-law shall have effect until the expiration of one month from the date of its first publication in the (Substituted by A.O. 1937.) [Official Gazette.]

80.
Penalty for breach of by-Law :- For any breach of any such by-law, the offender shall be liable on conviction to fine not exceeding ten rupees or to imprisonment not exceeding one week.

81.
Limitation of actions: - On account of (Substituted by T.N. Act VII of 1947.) [anything done or intended to be done under the provisions of this Act, or under the provisions of any other law for the time being in force conferring powers on the Police], no action shall be brought after the expiration of six months, and no prosecution shall be instituted after the expiration of three months, from the date on which the act complained of shall have been committed. And no action shall lie in respect of any act on account of which a criminal prosecution (Substituted by T.N.Act XIV of 1951.) [has been instituted and has failed.]

82.
Saving of penalty provided by other law:- Nothing in this Act contained shall be construed to prevent any person from being liable under any other law to any other or higher punishment than provided by this Act; Provided that no person shall be punished twice for the same offence.

[Repealed by the Repealing and Amending Act, 1901

(Central Act XI of 1901), Third Schedule, Part III.]

Received the assent of the Governor on the 21^st July, 1987.

An Act to extend the provisions of the Madras City Police Act, 1888 to the City of Madurai and to the City of Coimbatore.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic of India as follows:-

(1) This Act may be called the
Madras
City Police (Extension to the City of Madurai and to the City of Coimbatore) Act,
1987.

(2) It shall come into force on such date as the State Government may, by notification appoint.

2.Definitions

:- In this Act, unless the context otherwise requires:-

(1)
"appointed day" means the date appointed under sub-section(2) of section 1 for the coming into force of this Act:

(2)
"City of Coimbatore" means the City of Coimbatore as defined in clause (9) of Section 2 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981.);

(3)
City of Madurai" means the City of Madurai as defined in clause (9) of section 2 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);

(4)
"City Police Act" means the Madras City Police Act, 1888 (Tamil Nadu Act III of 1888);

(5)
"Government" means the State Government;

(6)
"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.

(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 Madurai and in the City of Coimbatore.

(2) In the City Police Act as extended to the Cities of Madurai and Coimbatore:-

(a) any reference to the City of Madras (other than the reference in section 3), shall by reason of this Act, be construed as a reference to the City of Madurai, or as the case may be, the City of Coimbatore;

(b) any reference to Presidency Magistrate shall, by reason of this Act, be construed as a reference to Judicial Magistrate;

(c) any reference to the Commissioner of Police of Madras, shall by reason of this Act, be construed as a reference to the Commissioner of Police for Madurai, or as the case may be, the Commissioner of Police for Coimbatore.

(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 Madurai or the Commissioner of Police for Coimbatore, to exercise and perform in relation to the City of Madurai, or as the case may be, the City of Coimbatore 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 (Central Act 2 of 1974) (hereafter 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 Madurai, or as the case may be, in the City of Coimbatore (not being an officer below the rank of an Assistant Commissioner of Police) to exercise and perform in relation to the City of Madurai, or as the case may be, the City of Coimbatore, as may be specified in the notification, the powers and duties 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 Madurai, or as the case may be, in the City of Coimbatore 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 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 in the City of Madurai, or as the case may be in the City of Coimbatore or any officer sub-ordinate 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.

(4) The provisions of this Section shall have effect not-withstanding anything contained in the said Code.

(1)The Police force functioning in the City of Madurai and in the City of Coimbatore, immediately before the appointed day (hereafter 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 Madurai, or as the case may be, the City of Coimbatore under the City Police Act as extended 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 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 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 the 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 or other Police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed to denovo or from the stage of such transfer.

6.
Control of the Director-General of Police over the Commissioner of Police for Madurai and Coimbatore :- (1) Notwithstanding anything contained in the City Police Act as extended, the Commissioner of Police for Madurai and the Commissioner of Police for Coimbatore shall, in the 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 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 commissioners of Police for Madurai and Coimbatore.

(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 Madurai, or as the case may be, by the Commissioner of Police for Coimbatore under any law as a District Magistrate or an Executive Magistrate.

(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 Madurai, or as the case may be, in the City of Coimbatore on the appointed day shall, in relation to the said 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(Central Act XXIV of 1859) in any law in force in the City of Madurai and in the City of Coimbatore shall, in relation to those cities, be construed, on and after the appointed day, as a reference to the City Police Act.

If, immediately before the appointed day, there is any law in force in the City of Madurai or in the City of Coimbatore [including the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 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 Madurai, or as the case may be, the City of Coimbatore 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.

(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 of 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 Madurai, or as the case may be, the City of Coimbatore, 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.

Any reference, by whatever form of 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 City of Madurai, or as the case may be, in the City of Coimbatore, shall where a corresponding new authority has been constituted by or under this Act to the said cities, have effect as if it were in reference to that new authority,

For the purpose of facilitating the application, in the City of Madurai and in the City of Coimbatore, of the City Police Act as extended any court or other authority may construe the said Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

(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 so published.

(4) Every rule, or order made or notification 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 order, or notification should not be made or issued, the rule or order or notification 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 order or notification.

If any difficulty arises in giving effect to the provisions of the City Police Act as extended by this Act, to the City of Madurai and the City of Coimbatore, 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.

See Section-5)