51A. [ Power to direct removal of persons from City in special cases. [Section 51-A was inserted by Madras City Police and Towns Nuisances (Amendment) Act 1941 (Tamil Nadu Act XXIII of 1941) which Act was permanently re-enacted by Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).]
(1)Whenever the Commissioner is satisfied from information received or otherwise -(a)that the movements or acts of any person in the City of [Chennai] [***] [Certain words were omitted by Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu 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 Chapters XII, XVI or XVII of the Indian Penal Code (Central Act XLV of 1860) or in the abetement 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 move himself outside the said city within such time as may be specified in the order.[***] [The Explanation was omitted by Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1995 (Tamil Nadu Act 38 of 1995).][(1-A) Whenever the Commissioner has reason to believe that any person in the City of [Chennai] [Sub-sections (1-A) and (1-B) were inserted by Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu Act 38 of 1985).] who have 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 remain in force.](2)Before an order is passed against any person under sub-section (1) or [subsection (1-A)] [Inserted by Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu Act 38 of 1985).], the [Commissioner or Joint Commissioner or any Deputy Commissioner.] [Substituted for the words 'Commissioner or any Deputy Commissioner' by Madras City Police (Amendment) Act, 1995 (Tamil Nadu Act 23 of 1995).] authorised 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 Joint Commissioner or Deputy Commissioner] [Substituted for the words 'Commissioner or any Deputy Commissioner' by Madras City Police (Amendment) Act, 1995 (Tamil Nadu Act 23 of 1995).] 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 Joint Commissioner or Deputy Commissioner] [Substituted for the words 'Commissioner or any Deputy Commissioner' by Madras City Police (Amendment) Act, 1995 (Tamil Nadu Act 23 of 1995).] by an advocate or attorney for the purpose of explaining the allegations against him and examining the witnesses produced by him.(3)The [Commissioner or Joint Commissioner or Deputy Commissioner] [Substituted for the words 'Commissioner or any Deputy Commissioner' by Madras City Police (Amendment) Act, 1995 (Tamil Nadu Act 23 of 1995).] 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), exercise all or any of the powers of a Court under sections 75 to 77 of the Code of Criminal Procedure, 1882 [(Central Act V of 1882)] [Now, refer Code of Criminal Procedure, 1973 (Central Act 2 of 1974).].(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] [Substituted for the word 'provincial' by the Adaptation Order of 1950.] 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] [Substituted for the word 'provincial' by the Adaptation Order of 1950.] 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 sub-section (1-A)] [Inserted by Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu Act 38 of 1985).] or by the [State] [Substituted for the word 'provincial' by the Adaptation Order of 1950.] 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 ground 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 Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu Act 38 of 1985).] of 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 (1-A)] [Inserted by Madras City Police and Tamil Nadu District Police (Amendment) Act, 1985 (Tamil Nadu Act 38 of 1985).] or sub-section (4) to remove himself outside the City of [Chennai] [Substituted by City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] fails or refuses to do so 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 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.]
