41. Power to regulate assemblies, meetings and processions 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; 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 licence and regulate or prohibit the use of music or of sound amplifiers in any area.(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 formed:Provided that the Commissioner may, for reasons to be recorded in writing, receive such application within 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 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.[(4-A) without prejudice to the provisions of sub-sections (1) to (4), where any person intends to direct or promote any procession, he shall give prior notice in writing at least 24 hours in advance of the commencement of such procession indicating therein the routes by which and the time at which the procession is proposed to be taken. Such notice shall be given to any Police-officer above the rank of a Head Constable of the police station having jurisdiction over the area in which the procession starts.] [Sub-section (4-A) was inserted by Madras City Police (Amendment) Act, 1975 (Tamil Nadu Act 17 of 1975) with effect from 1st July 1975.](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.(6)Any person who -(a)opposes or fails to obey any order under sub-section (1), or(b)contravenes the conditions of any licence under sub-section (1), or(bb)[ fails to give prior notice referred to in sub-section (4-A), or] [Clause (bb) was inserted by Madras City Police (Amendment) Act, 1975 (Tamil Nadu Act 17 of 1975) with effect from 1st July 1975.](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 a fine not exceeding one thousand rupees, or to imprisonment not exceeding one month, or both] [Substituted by Madras City Police (Amendment) Act, 1976 (President's Act 39 of 1976) with effect from 1st April 1977.].(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 [Chennai] [Substituted for the word 'Madras' by City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] 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 a purely religious character held in a recognised 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 meeting 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.
