The Madras City Police Act, 1888

1. (1) This Act may be cited as the Madras City Police Act, 1888.
2. (2) It extends to the whole of the city of Madras as defined in section 3.
3. (3) [Omitted]

[Enactments repealed.] Rep. by the Repealing and Amending Act, 1901 (Central Act XI of 1901).

In this Act, unless there be something repugnant in the subject or context,- "City of Madras" includes all places within the local limits of the ordinary original jurisdiction of the High Court of Judicature of Madras: "Commissioner" means the Commissioner of Police for Madras referred to in section 6: "conviction" means the conviction of the accused person before a Presidency Magistrate: "imprisonment" means imprisonment of either description as defined in the Indian Penal Code: "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 of 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 be opened, kept or used for the purpose of gaming: "Gaming" does not include a lottery but includes wagering or betting. For the purposes 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, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution. "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 record 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" 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 a right to pass: "cattle" includes horned cattle, horses, asses, mules, sheep, goats, swine, camels and elephants: "subordinate ranks" means the ranks inferior to that of Assistant Commissioner.

[Omitted].

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: Provided that the State Government may, by notification in the Official Gazette which 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 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 section 10 shall, in respect of such Police, be exercised by the Inspector-General of Police alone.

The Government may, from time to time, appoint one or more 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 Commissioner shall by virtue of his office be a Presidency Magistrate, but shall exercise his powers as Magistrate subject to such orders as may from time to time be issued by the State Government: Provided that he shall not exercise any power under Chapters XVIII, XX or XXI of the Code of Criminal Procedure, 1882.

The Commissioner, his Deputies and Assistants, shall by virtue of their office be Justices of the Peace; but shall act as such only so far as may be necessary for the preservation of the peace, for the prevention of offences, for the detection, apprehension and detention of offenders, and for the performance of the duties assigned to the Commissioner by this Act.

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 State Government. 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 as may be determined by the State Government.

The Commissioner may, from time to time, subject to the control of the State Government, frame orders and regulations for the general government of the force.

The Commissioner may, at any time, subject to the provisions of Article 311 of the Constitution and to the control of the State Government, dismiss, suspend or reduce to a lower post or time-scale or to a lower stage in a time-scale, any member of the subordinate ranks of the Police-force and may order the recovery from the pay of any such member, of the whole or part of any pecuniary loss caused to Government by his negligence or breach of orders.

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 [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 [of the subordinate ranks] of the force, who shall so resign or withdraw himself, shall be liable, at the discretion of 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 thereto, 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 and 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 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 a [special police-officer] to assist the Police-force on any temporary emergency. Every special police-officer so appointed shall receive a certificate in such form as the [State Government] may determine under the signature of the Commissioner.]

Every [special police-officer] so appointed shall have the 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 officers of police.

If any person being appointed a [special police-officer] as aforesaid shall, without sufficient excuse, neglect or refuse to serve as such or to obey such lawful order or direction as may be given to him for the performance of 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 [State Government] to be notified in the [Official Gazette] and in such other manner as [the 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 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.

[(I) On the application of any person and at his charge, the [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 police-officers of such rank or grade, on such pay, if any, and for such time, as [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 [State Government] may fix, the [State Government] shall discontinue police-officers so appointed.

1. (2) Every additional police-officer so appointed-
   • (a) shall receive a certificate in such form as the [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.

1. (1) Any Police-officer may arrest without a warrant any person committing in his view any offence made punishable by this Act.
2. (2) Any agent of the Society for the Prevention of cruelty to Animals who is specially empowered by the [State] Government in that behalf may arrest without a warrant any person committing in his view any offence punishable under section 53. [(3) The agent shall have power to release any person so arrested on his executing a bond, with or without sureties for his appearance before a Magistrate if and when required.
3. (4) The provisions of the Code of Criminal Procedure, 1898, shall apply to any arrest made or bond taken under this section as if the arrest had been made, or the bond had been taken, under the said Code.]

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 Code of Criminal Procedure, 1882, 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 [ ] 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 [ ] 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 [ ] 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 [ ] 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 [ ] dealer or worker as aforesaid may also detain any person offering such article as aforesaid pending the arrival of the Police.

The Commissioner may, by 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 or other such conclusive evidence of title and upon such terms as he may think fit, to any person who may appear to him to be entitled thereto; and such delivery shall be a full discharge to the Commissioner, and to the [Government] from all liability in respect of such property.

The provisions of sections 523, 524 and 525 of the Code of Criminal Procedure, 1882, shall, as nearly as practicable, apply to all property seized or taken charge of by the Police.

The Commissioner shall keep in his office standard weights and measures as may be from time to time prescribed or declared to be correct by the [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.

No enclosed place or building having an area of five hundred square feet or upwards shall be used for public entertainment or resort without a licence from the Commissioner.

No enclosed place or building shall be used as an eating-house, coffee-house, boarding-house, lodging-house, hotel, wine, beer or spirit shop, arrack or toddy shop, gymnasium or fencing-school, or for the sale or consumption of any intoxicating drug or liquor, without a licence from the Commissioner: Provided that nothing in this section shall apply to the sale in reasonable quantities of any drug or substance for medicinal purposes only, or to any gymnasium or fencing-school of any educational institution controlled or recognized by the [State Government].

Licences under the last two preceding sections may be granted by the Commissioner upon such conditions as he, subject to the control and direction of the [State Government], may prescribe, and for such period not exceeding one year as may be stated in the licence: Provided that, in regard to any liquor or drug for the sale of which a licence is required under any law for the time being in force for the regulation of the excise-revenue, a licence shall be granted by the Commissioner only to persons holding licence under such law and shall have force only while such licence subsists.

Whoever keeps or uses or permits to be kept or used any enclosed place or building requiring a licence under section 34 or 36, 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 a place or building is so used.

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 any 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 authorize any such officer to enter and inspect any place not licensed which the Commissioner has reason to believe to be used contrary to the provisions of section 34 or 36.

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 36 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.

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.

1. (1) If any entertainment (including a cinematograph 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 members of the public: Provided that the State Government may, by notification in the Fort St. George Gazette, exempt any class of entertainments from the provisions of this sub-section.
2. (2) For the purposes of sub-section (1), '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 Fort St. George Gazette, specify in this behalf for entertainments generally or any class of entertainments.
3. (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. (4) A person ejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation.

1. (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; keep 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 license and regulate or prohibit the use of music or of sound amplifiers in public places.
2. (2) Subject to the provisions of sub-sections (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 or promote any procession, shall make an 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 convened or collected: Provided that it shall be open to the Commissioner, for reasons to be recorded in writing, to relax the condition regarding the period of five days prior to the date 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 to such conditions, if any, as he may specify in the order, or may, for reasons to be recorded in writing, refuse such permission. (4)
   • (a) Any person aggrieved by an order of the Commissioner under sub-section (3) refusing permission or imposing conditions may, within such time as may be prescribed, appeal to the State Government.
   • (b) The State Government may, after giving an opportunity to the appellant to be heard, pass such orders as they think fit.
   • (c) The order of the State Government, and subject to such order, the order of the Commissioner, shall be final.
3. (5) The Commissioner may, by order in writing, depute one or more Police-officers 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.
4. (6) Any person who-
   • (a) opposes or fails to obey any order under sub-section (1), or
   • (b) contravenes the conditions of any licence granted under sub-section (1), or
   • (c) when the order referred to in sub-section (2) is in force, 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, to fine not exceeding one hundred rupees.
5. (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.
6. (8) Nothing in this section shall apply to any assembly or meeting of a purely religious character held in a recognized place of 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 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.
7. (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.

[42. (1)] If the Commissioner has reason to believe that any [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, any such [place] and to arrest all persons found therein, 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 [place] and also the persons found therein.

[(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.]

Any cards, dice, gaming table or-cloth, board or other instruments of gaming found in any [place] entered or searched under the provisions of the last preceding section, or on any person, found therein, shall be evidence that such [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.

It shall not be necessary, 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, [bet] or stake.

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 furnishes money for gaming therein, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment not exceeding three months, or to both.

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.

Instruments of gaming may be destroyed on conviction.

Indemnification of witnesses.

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

1. (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 wilfully permits the same to be 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 assists 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, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both : Provided that, in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for an offence under this sub-section shall be imprisonment for not less than one month or fine of not less than five hundred rupees or both.
2. (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 present for the purpose of gaming on any such object shall be punishable with imprisonment which may extend to one month or with fine 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. (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.

1. (1) The Magistrate may direct any portion, not exceeding one-half, of any fine which shall be levied under section 46, 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. (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. (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.

Whoever by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in bearing a part in the stakes, wagers, bets or adventures, or in betting on the sides or hands of the players, or in wagering 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 shall be liable on conviction to fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both.

1. (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 who has not been born in the said City or in the district of Chingleput or North Arcot as it existed immediately before the 1st April 1960, 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 or XVII of the Indian Penal Code 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.-For the purposes of this sub-section, the decision of the Commissioner as to whether a person has not been born in the City of Madras or in the district of Chingleput or North Arcot as it existed immediately before the 1st April 1960 shall be final.
2. (2) Before an order is passed against any person under sub-section (1), the Commissioner or any Deputy Commissioner authorized by him shall inform such person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of explaining those allegations. The Commissioner or Deputy Commissioner may also examine any witnesses 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 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. (3) The Commissioner or the Deputy Commissioner authorized 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), exercise all or any of the powers of a Court under sections 76 to 77 of the Code of Criminal Procedure, 1898.
4. (4) Any person aggrieved by an order of the Commissioner under sub-section (1) may, within thirty days from the date of such order, appeal to the 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 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. (5) No order passed by the Commissioner under sub-section (1) or by the 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 no material upon which the order could have been based ; or
   • (c) that there was no sufficient grounds 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 (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.
6. (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.

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.

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.

The 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.

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.

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.

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.

Any Magistrate may, at any time and upon such terms as he thinks fit, direct that any animal detained under the provisions of section 56 of this Act shall be delivered to the owner thereof.

All costs of inquiries under section 56 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.

It shall be lawful for all persons to seize any cattle found straying upon any public place, or trespassing on any 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 fifty naye paise for every goat, sheep or pig, and one rupee 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, deducting 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.

On the occasion of a fire in the City of Madras, the Commissioner or any Police-officer above the rank of constable or any member of the Tamil Nadu Fire Services above the rank of fireman may—

1. (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 being burnt. Any damage done on the occasion of fires by members of the 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 damage 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 Tamil Nadu Fire Services or of any fire-brigade from liability to damages on account of any acts done by him without reasonable cause.

All charges on account of establishments and appliances for extinguishing fire maintained by the Police under the orders of the 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.

Whoever gives or causes to be given to any fire-brigade in the City of Madras or 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. Whoever is convicted under this section, after having been previously convicted either under this section or under section 43 of the 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.

Whoever without reasonable excuse wilfully 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 Government or appropriated to public purposes, shall be liable on conviction to fine not exceeding twenty rupees.

Whoever is found between sunset and sunrise—

1. (1) armed with any dangerous instrument with intent to commit an offence, or
2. (2) having his face covered or otherwise disguised with intent to commit an offence, or
3. (3) in any dwelling-house or other building, or on board any vessel or boat, without being able satisfactorily to account for his presence there, or
4. (4) lying or loitering in any bazaar, yard or public place, being a reputed thief and without being able to give a satisfactory account of himself, or
5. (5) having in his possession without lawful excuse any implement of house-breaking, shall be liable on conviction to imprisonment for any term not exceeding three months.

Whoever is found in possession of, or conveying in any manner, or otherwise concealing, any property, or any part thereof, which may be reasonably suspected to have been stolen or fraudulently obtained, shall, if he fails to account satisfactorily for such possession, be liable to imprisonment for a term not exceeding three months, or to fine not exceeding one hundred rupees, or to both.

Whoever takes from any child, apparently under the age of fourteen years, any article whatsoever in pawn, pledge or buy, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.

Whoever, being amenable to the provisions of this Act, takes, or attempts to take, any spirituous or fermented liquor or intoxicating drug into the barracks or on board any vessel of war in the harbour of Madras without the permission of the officer in command, shall be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding two months, or to both.

Whoever carries or attempts to carry any spirituous or fermented liquor or intoxicating drug into any hospital in the City of Madras without the permission of the medical officer in charge, shall be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding two months, or to both.

Whoever, not being a soldier or sailor in the Indian Army or Navy or a Police-officer or a member of a Volunteer corps, goes armed with any offensive weapon in any place in the City of Madras without the permission of the Commissioner, shall be liable to be disarmed, and the weapon shall be forfeited or redeemed by payment of such fine not exceeding fifty rupees as the Commissioner may impose.

Whoever wilfully harbours or conceals any seaman or apprentice belonging to any vessel knowing or having reason to believe such seaman or apprentice to be a deserter, shall be liable on conviction to fine not exceeding one hundred rupees.

Penalty for certain offences in public place-

1. (i) Rash or negligent driving;
2. (ii) Causing obstruction by negligence in driving cattle;
3. (iii) Driving, etc., elephant or camel without Commissioner's permission;
4. (iv) [Omitted];
5. (v) Driving, etc., otherwise than in accordance with the rules of the road;
6. (vi) Driving, etc., vehicles without springs otherwise than on side of road;
7. (vii) Driving, etc., animal or vehicle on foot-way;
8. (viii) Permitting cattle or vehicle to be under control of child;
9. (ix) Leaving vehicle or cattle without due control;
10. (x) Exposing for show animals or vehicles, making or repairing vehicle, etc.;
11. (xi) Obstructing thoroughfare;
12. (xii) Letting loose horses or ferocious dogs;
13. (xiii) Conveying article which projects more than five feet;
14. (xiv) Flying a kite, wantonly frightening horses, etc.;
15. (xv) Playing music, beating tom-tom, etc.;
16. (xvi) Affixing bills or defacing walls;
17. (xvii) Bathing in public street or aqueduct; (xviii) Intruding on or fouling bathing-place;
18. (xix) Using indecent or threatening language;
19. (xx) Repealed;

1. (xxi) [Omitted].

M. [Omitted.]

Whoever is found gaming with cards, dice or counters, money, or other instruments of gaming in any 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 fifty rupees or to imprisonment not exceeding one month ; and such instruments of gaming and money shall be forfeited.

Whoever in or by the side of or near to any public place, wilfully 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.

Whoever, except at such times as the Commissioner may [public place] lights any bon-fire, burns any straw or other matter, or burns any effigy or] discharges any fire-arm or air-gun, sets off or 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.

Whoever is found drunk and incapable of taking care of himself, is guilty of any riotous, disorderly or indecent behaviour [in any public place, in any place of public amusement], or on board any passenger boat or vessel, and whoever is guilty of any violent, disorderly or indecent behaviour in any Police-court, office, or station, shall be liable on conviction to fine not exceeding fifty rupees, or to imprisonment not exceeding one month, or to both.

1. (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.
2. (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. (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.

For every licence or permission granted under this Act, the Commissioner may levy such fee not exceeding two rupees as may from time to time be fixed by the State Government.

The 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.

Every by-law shall be published in the 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 Official Gazette.

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.

On account of [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 [has been instituted and has failed].

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 is provided by this Act : Provided that no person shall be punished twice for the same offence.

Schedule; [Repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901), Third Sched., Pt. III.]

Schedule; [Repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901), Third Sched., Pt. III.]