Bills-23 to 27 of 2019

© GOVERNMENT OF TAMIL NADU

2019

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 12.80 Paise.

No. 300] cHENNAI, THURSDAY, jULY 18, 2019 Aadi 2, Vikari, Thiruvalluvar Aandu-2050

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 23 of 2019—The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and

Tenants (Amendment) Act, 2019. .. .. .. 190-192 No. 24 of 2019—The Tamil Nadu Government Servants (conditions of Service) Amendment

Act, 2019. .. .. .. .. .. 193-196 No. 25 of 2019—The Tamil Nadu Repealing Act, 2019. .. .. .. .. 197-204 No. 26 of 2019—The Tamil Nadu Bovine Breeding Act, 2019. .. .. .. 205-218 No. 27 of 2019—The Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 2019. 219-220

[189 ]

300-Ex-IV-1—1190 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 18th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 23 of 2019

A Bill further to amend the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Seventieth Year of the Republic of India as follows:—

Short title and

1. (1) This Act may be called the Tamil Nadu Regulation of Rights and

commencement.

Responsibilities of Landlords and Tenants (Amendment) Act, 2019.

(2) Section 3 shall be deemed to have come into force on the 22nd

day of May 2019 and remaining sections shall come into force at once.

Tamil Nadu Act 42 Amendment of section 1.

of 2017.

2. In section 1 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as

the principal Act), after sub-section (2), the following sub-section shall be inserted,

namely:—

"(2-A) The Government may, by notification, direct that all or any of the

provisions of this Act shall come into force in any other area on such date as may

be specified in such notification.".

3. In section 4 of the principal Act, in sub-section (2), for the expression "ninety

Amendment of section 4.

days", the expression "two hundred and ten days" shall be substituted.

4. In section 47 of the principal Act, in the proviso to sub-section (2),—

Amendment of section 47.

(i) for the expression "180 days", the expression "270 days" shall be

substituted;

(ii) for the expression "270 days", the expression "360 days" shall be

substituted.

Tamil Nadu Repeal and saving. 5. (1) The Tamil Nadu Regulation of Rights and Responsibilities of Landlords

and Tenants (Amendment) Ordinance, 2019 is hereby repealed.

Ordinance 1 of 2019.

Tamil Nadu Act 42 (2) Notwithstanding such repeal, anything done or any action taken under the

of 2017.

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,

2017, as amended by the said Ordinance, shall be deemed to have been done or

taken under the said Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017) was brought into force on the 22nd February 2019 by repealing the Tamil Nadu Buildings (Lease and Rent control) Act, 1960 (Tamil Nadu Act 18 of 1960). As per sub-section (2) of section 4 of the said Act, if no agreement in writing was entered into in relation to a tenancy created before the commencement of the said Act, the landlord and tenant shall enter into an agreement in writing with regard to their tenancy within the period of ninety days from the date of commencement of the said Act. Representations have been received from the landlords and tenants to extend the period of ninety days so as to enable them to enter into a written tenancy agreement. Hence, the Government have decided to amend sub-section (2) of section 4 of the said Act, so as to extend the limit for a further period of one hundred and twenty days to enter into a tenancy agreement.

2. The Government decided to amend sub-section (2) of section 4 of the said Tamil Nadu Act 42 of 2017. Accordingly, the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Ordinance, 2019 (Tamil Nadu Ordinance 1 of 2019) was promulgated by the Governor on the 22nd May 2019 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 22nd May 2019. Now, the Government have decided to replace the said Ordinance as an Act of the Legislature.

3. Further, the Government have decided to amend sub-section (2) of section 1 of the said Act to enable the Government to extend the provisions of the said Act to any areas in the State. Government have also decided to extend the time limits provided in the proviso to sub-section (2) of section 47 of the said Act for withdrawal of any suit or appeal or any other proceeding pending under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) and for filing of fresh application under the said Tamil Nadu Act 42 of 2017.

4. The Bill seeks to give effect to the above decision.

O. PANNEERSELVAM, Deputy Chief Minister.

300-Ex-IV-1—1a192 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill empowers the Government to issue notification to extend any provisions of the said Act to any other area in the State.

2. The powers delegated are normal and not of an exceptional character.

O. PANNEERSELVAM, Deputy Chief Minister.

K. SRINIVASAN,

Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 18th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 24 of 2019

A Bill further to amend the Tamil Nadu Government Servants

(Conditions of Service) Act, 2016.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventieth Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Government Servants

commencement.

(conditions of Service) Amendment Act, 2019.

(2) (a) Section 2 shall be deemed to have come into force on the

15th day of September 2016;

(b) Sections 3, 6, sub-sections (1) and (2) of section 7 and

section 8 shall be deemed to have come into force on the 11th day of

October 2017;

(c) Section 4 shall be deemed to have come into force on the

1st day of March 2017; and

(d) Section 5 shall be deemed to have come into force on the

27th day of December 2016.

Tamil Nadu Act 14 of

2016.

Amendment of section 3.

2. In section 3 of the Tamil Nadu Government Servants (conditions of Service) Act, 2016 (hereinafter referred to as the principal Act), in clause

(j), for sub-clause (vii), the following sub-clauses shall be substituted,

namely:—

"(vii) any person who was on deputation in Army Postal Service

for more than six months prior to the 14th day of April 1987;

(viii) any person who was boarded out or released on medical

grounds and granted medical or disability pension;

(ix) any person discharged on or after july 1987 under Army Rule

13(3) III (V) for the reason that his service is no longer required and in

receipt of pension;

(x) such other person as may be notified by the Government from

time to time:

Provided that in all cases, an ex-serviceman once recruited to

a post in any service or class or category, cannot claim the concession of

being called an ex-serviceman for his further recruitment:

Provided further that a person discharged before july 1987 under

Army Rule 13 (3) III (V) for the reason that his service is no longer required

is not an ex-serviceman;".

3. For section 4 of the principal Act, the following section shall be Substitution of section 4.

substituted, namely:—

"4.Classification— Persons holding posts under the Government

shall be classified into Groups as specified in Schedule-XIII."

4. In section 8 of the principal Act, in the first proviso, the expression

Amendment of section 8.

"who has taken a degree" shall be omitted.

5. In section 20 of the principal Act, the proviso to sub-section (5) shall

Amendment of section 20.

be omitted.

Amendment of section 26.

6. In section 26 of the principal Act, in the proviso to sub-section (2), for the expression "Provided that in the case of direct recruitment to the posts

with Grade Pay which does not exceed rupees two thousand and eight

hundred", the expression "Provided that in the case of direct recruitment to

the posts with the pay which does not exceed level 10 in the pay matrix"

shall be substituted.

Substitution of

7. In the principal Act,—

(1) (i) in sub-section (1) of section 7, in clause (ii) and (iii) of

references to certain expressions by other expression.

sub-section (5) of section 40 and in Schedule-xI, for the expression "scale

of pay", wherever it occurs, the expression "levels of pay in the pay matrix"

shall be substituted;

(ii) in section 39 for the expressions "time scale of pay" and

"time scale", the expression "levels of pay in the pay matrix" shall be

substituted;

(2)(i) in clause (a) of section 3, in the proviso to sub-section (6)

of section 29, in sub-section (3) of section 40, in the second proviso to

sub-section (1) of section 41 and in sub-section (7) of section 47, for the

expression "scale of pay or pay band", wherever it occurs, the expression

"levels of pay in the pay matrix" shall be substituted;

(ii) in sub-section (3) of section 7 for the expression "time scale or

pay band" occurring in two places, the expression "levels of pay in the pay

matrix" shall be substituted;

(iii) in sub-section (2) of section 28 and in clause (ii) of sub-section

(6) of section 47, for the expression "time scale of pay or pay band", in two

places where it occurs, the expression "levels of pay in the pay matrix" shall

be substituted.

8. After Schedule xII to the principal Act, the following Schedule shall Addition of new Schedule xIII.

be added, namely:—

"SCHEDULE XIII.

[See section 4].

Group A Employees in posts drawing level of pay from

Rs.59,300-1,87,700 to Rs.1,28,900-2,25,000 (levels 25 to

32 in the pay matrix);

Group B Employees in posts drawing level of pay from

Rs.35,900-1,13,500 to Rs.57,700-1,82,400 (levels 13 to 24

in the pay matrix);

Group c Employees in posts drawing level of pay from

Rs.15,900-50,400 to Rs.35,600-1,12,800 (levels 2 to 12 in

the pay matrix);

Group D Employees in posts drawing level of pay

Rs.15,700-50,000 (level 1 in the pay matrix)."

STATEMENT OF OBJECTS AND REASONS

As per the provisions contained in section 8 of the said Tamil Nadu Act 14 of 2016, candidates belonging to Backward Classes, Backward Class Muslims, Most Backward Classes and De-notified Communities who have a degree need not remit the prescribed fee along with the application for appointment in response to a notification issued by a Tamil Nadu Public Service commission for three chances. However, the holding of a degree has been done away by the Government as per the orders issued in G.O(Ms.) No.32, Personnel and Administrative Reforms Department, dated 01.03.2017.

2. The proviso under sub-section (5) of Section 20 of the Tamil Nadu Government Servants (conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016) provides that differently abled persons may be appointed to the Government service if the defect is not such as it would render the candidate unfit for efficiently discharging the duty. But, in view of the enactment of the rights of persons with Disabilities Act, 2016 (central Act 49 of 2016), which mandates the reservation of posts for persons with disabilities, the said proviso became redundant one and has to be omitted from the said Tamil Nadu Act 14 of 2016.

3. In G.O (Ms.) No.1102, Public (Ex-Servicemen) Department, dated 10.10.2013 and in G.O(Ms.) No.695, Public (Ex-Servicemen) Department, dated 24.07.2014 orders have been issued to the following effect:–

(a) the personnel who were in deputation in Army Postal Service for more than six months prior to 14th April 1987 would also be considered as Ex-Servicemen with all consequential benefits.

(b) recruits who were boarded out/released on medical grounds and granted medical/ disability pension will be covered under the category of Ex-Servicemen for all practical purposes irrespective of the date of boarding out or release.

4. Further, the Government have issued orders in G.O(Ms.) No.303, Finance (Pay cell) Department, dated 11.10.2017, for revision of scale of pay for the Government Servants with effect from 01.01.2016 with certain consequential changes in the method of pay fixation.

5. The Government have therefore, decided to amend the said Tamil Nadu Act 14 of 2016 suitably for the aforesaid purposes.

6. The Bills seeks to give effect to the above decision.

D. JAYAKUMAR Minister for Fisheries,

Personnel and Administrative Reforms.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 18th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 25 of 2019

A Bill to repeal certain enactments.

Whereas it is expedient that the enactments specified in the Schedule which are spent or have otherwise become obsolete, or have ceased to be in force otherwise than by expressed specific repeal, should be expressly and specifically repealed;

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

1. This Act may be called the Tamil Nadu Repealing Act, 2019. Short title.

Repeal of 2. The enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

certain enactments.

Savings.

3. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

300-Ex-IV-1—2198 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

THE SCHEDULE.

REPEALS.

(See section 2)

Year Number Short Title Extent of

Repeal

(1) (2)

(3)

(4)

Central Act

1863 xxIII The Waste Lands (claims) Act, 1863.

The whole (in its application to the State of Tamil Nadu)

TAMIL NADU AcTS

1919 I The Koodalmanickam Devaswom Act, 1918. The whole 1923 VI The Tamil Nadu Stamp (Further Amendment) Act, 1923. The whole 1934 II The Tamil Nadu Local Boards and Elementary Education (Amendment) The whole Act, 1934.

1935 xI The Tamil Nadu Elementary Education (Amendment) Act, 1935. The whole 1939 II The Tamil Nadu Elementary Education (Amendment) Act, 1939. The whole 1940 xIx The Tamil Nadu Rinderpest Act, 1940.

The whole 1948 IV The Tamil Nadu Tobacco Taxation of Sales and Licensing (Re-enacting) The whole Act, 1948.

1943 I The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1943. The whole 1950 xIII The Tamil Nadu Entertainments Tax (Amendment) Act, 1950. The whole 1950 xxVIII The Tamil Nadu Elementary Education (Amendment) Act, 1950. The whole 1950 xxxIV The code of civil Procedure (Tamil Nadu Amendment) Act, 1950. The whole 1951 VI The Tamil Nadu General Sales Tax (Amendment) Act, 1951. The whole 1951 VIII The Tamil Nadu Buildings (Lease and Rent control) Amendment Act, The whole 1951.

1951 xxV The Tamil Nadu Buildings (Lease and Rent control) Second Amendment The whole Act, 1951.

1970 18 The Tamil Nadu Agricultural Produce Markets (Amendment and Validation The whole of cess) Act, 1970.

1978 33 The Tamil Nadu Agricultural Produce Markets (Amendment and Special The whole Provisions) Act, 1978.

1980 24 The Tamil Nadu Agricultural Produce Markets (Amendment and Special The whole Provisions) Amendment Act, 1980.

1981 5 The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1981. The wholeTAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY 199

Year Number Short Title Extent of

Repeal

(1) (2)

(3)

(4) 1981 53 The Tamil Nadu Agricultural Produce Markets (Second Amendment) Act, The whole 1981.

1983 4 The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1983. The whole

The whole 1984 13 The Tamil Nadu Agricultural Produce Markets and the Tamil Nadu Agricultural Produce Markets (Amendment and Special Provisions) Amendment Act, 1984.

1985 13 The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1985. The whole 1985 37 The Tamil Nadu Agricultural Produce Markets (Second Amendment) Act, The whole 1985.

1989 8 The Tamil Nadu Agricultural Produce Markets (Amendment) and Validation The whole of Appointment of Special Officers Act, 1989.

1990 26 The Tamil Nadu co-operative Societies (Amendment) Act, 1990. The whole 1991 43 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1991.

1992 7 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1992.

1993 4 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1993.

1994 6 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1994.

1994 51 The Tamil Nadu Panchayats (Amendment) Act, 1994. The whole 1995 4 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1995.

1995 29 The Tamil Nadu Panchayats (Amendment) Act, 1995. The whole 1995 30 The Tamil Nadu Panchayats (Second Amendment) Act, 1995. The whole 1995 32 The Tamil Nadu Agricultural Produce Marketing (Regulation) Second The whole Amendment Act, 1995.

1995 45 The Tamil Nadu Panchayats (Third Amendment) Act, 1995. The whole 1996 14 The Tamil Nadu Panchayats (Amendment) Act, 1996. The whole 1996 15 The Tamil Nadu Panchayats (Second Amendment) Act, 1996. The whole 1996 21 The Tamil Nadu Panchayats (Third Amendment) Act, 1996. The whole 1997 8 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1997.

1997 10 The Tamil Nadu Panchayats (Amendment) Act, 1997. The whole 1997 37 The Tamil Nadu Panchayats (Second Amendment) Act, 1997. The whole 1997 55 The Tamil Nadu Panchayats (Fourth Amendment) Act, 1997. The whole 1997 62 The Tamil Nadu Panchayats (Fifth Amendment) Act, 1997. The whole 300-Ex-IV-1—2a200 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

Year Number Short Title Extent of

Repeal

(1) (2)

(3)

(4) 1998 4 The Tamil Nadu Panchayats (Amendment) Act, 1998. The whole 1998 5 The Tamil Nadu Panchayats (Second Amendment) Act, 1998. The whole 1998 11 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1998.

1998 28 The Tamil Nadu Panchayats (Third Amendment) Act, 1998. The whole 1998 29 The Tamil Nadu Panchayats (Fourth Amendment) Act, 1998. The whole 1998 53 The Tamil Nadu Panchayats (Fifth Amendment) Act, 1998. The whole 1998 54 The Tamil Nadu Panchayats (Sixth Amendment) Act, 1998. The whole 1998 55 The Tamil Nadu Panchayats (Seventh Amendment) Act, 1998. The whole 1998 61 The Tamil Nadu Agricultural Produce Marketing (Regulation) Second The whole Amendment Act, 1998.

1999 2 The Tamil Nadu Panchayats (Amendment) Act, 1999. The whole 1999 3 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 1999.

1999 19 The Tamil Nadu Panchayats (Second Amendment) Act, 1999. The whole 1999 29 The Tamil Nadu Panchayats (Third Amendment) Act, 1999. The whole 1999 30 The Tamil Nadu Panchayats (Fourth Amendment) Act, 1999. The whole 1999 31 The Tamil Nadu Panchayats (Fifth Amendment) Act, 1999. The whole 1999 32 The Tamil Nadu Panchayats (Sixth Amendment) Act, 1999. The whole 1999 44 The Tamil Nadu Panchayats (Seventh Amendment) Act, 1999. The whole 1999 46 The Tamil Nadu Panchayats (Eighth Amendment) Act, 1999. The whole 1999 51 The Tamil Nadu co-operative Societies (Second Amendment) Act, 1999. The whole 2000 5 The Tamil Nadu Panchayats (Amendment) Act, 2000. The whole 2000 23 The Tamil Nadu Panchayats (Second Amendment) Act, 2000. The whole 2000 24 The Tamil Nadu Panchayats (Fifth Amendment) Act, 2000. The whole 2000 27 The Tamil Nadu Panchayats (Third Amendment) Act, 2000. The whole 2000 30 The Tamil Nadu Panchayats (Sixth Amendment) Act, 2000. The whole 2001 1 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2000. The whole 2001 12 The Tamil Nadu co-operative Societies (Amendment) Act, 2001. The whole 2001 18 The Tamil Nadu Panchayats (Amendment) Act, 2001. The whole 2001 19 The Tamil Nadu Panchayats (Second Amendment) Act, 2001. The whole 2002 3 The Tamil Nadu Panchayats (Amendment) Act, 2002. The whole 2002 8 The Tamil Nadu Panchayats (Third Amendment) Act, 2002. The whole 2002 9 The Tamil Nadu co-operative Societies (Amendment) Act, 2002. The whole 2002 28 The Tamil Nadu Panchayats (Second Amendment) Act, 2002. The whole 2002 49 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2002. The wholeTAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY 201

Year Number Short Title Extent of

Repeal

(1) (2)

(3)

(4) 2002 52 The Tamil Nadu Panchayats (Fifth Amendment) Act, 2002. The whole 2003 7 The Tamil Nadu Panchayats (Amendment) Act, 2003. The whole 2003 18 The Tamil Nadu co-operative Societies (Amendment) Act, 2003. The whole 2003 34 The Tamil Nadu Panchayats (Second Amendment) Act, 2003. The whole 2003 36 The Tamil Nadu Panchayats (Third Amendment) Act, 2003. The whole 2003 42 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2003. The whole 2004 3 The Tamil Nadu co-operative Societies (Second Amendment) Act, 2003. The whole 2004 13 The Tamil Nadu co-operative Societies (Amendment) Act, 2004. The whole 2004 21 The Tamil Nadu Panchayats (Amendment) Act, 2004. The whole 2004 22 The Tamil Nadu Panchayats (Second Amendment) Act, 2004. The whole 2004 36 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2004. The whole 2004 39 The Tamil Nadu Panchayats (Third Amendment) Act, 2004. The whole 2005 3 The Tamil Nadu co-operative Societies (Amendment) Act, 2005. The whole 2005 6 The Tamil Nadu Panchayats (Amendment) Act, 2005. The whole 2005 15 The Tamil Nadu Panchayats (Second Amendment) Act, 2005. The whole 2005 16 The Tamil Nadu Panchayats (Third Amendment) Act, 2005. The whole 2005 19 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2005. The whole 2006 6 The Tamil Nadu Panchayats (Second Amendment) Act, 2006. The whole 2006 9 The Tamil Nadu Panchayats (Amendment) Act, 2006. The whole 2006 17 The Tamil Nadu Panchayats (Fifth Amendment) Act, 2006. The whole 2006 20 The Tamil Nadu co-operative Societies (Amendment) Act, 2006. The whole 2006 21 The Tamil Nadu co-operative Societies (Second Amendment) Act, 2006. The whole 2006 22 The Tamil Nadu Panchayats (Third Amendment) Act, 2006. The whole 2006 23 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2006. The whole 2006 38 The Tamil Nadu Panchayats (Sixth Amendment) Act, 2006. The whole 2006 39 The Tamil Nadu co-operative Societies (Third Amendment) Act, 2006. The whole 2007 6 The Tamil Nadu co-operative Societies (Amendment) Act, 2007. The whole 2007 12 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2007. The whole 2007 16 The Tamil Nadu Panchayats (Amendment) Act, 2007. The whole 2007 17 The Tamil Nadu Panchayats (Second Amendment) Act, 2007. The whole 2007 23 The Tamil Nadu Panchayats (Third Amendment) Act, 2007. The whole 2007 24 The Tamil Nadu Panchayats (Fifth Amendment) Act, 2007. The whole 2007 25 The Tamil Nadu Panchayats (Sixth Amendment) Act, 2007. The whole 2008 3 The Tamil Nadu co-operative Societies (Amendment) Act, 2008. The whole 2008 10 The Tamil Nadu Panchayats (Amendment) Act, 2008. The whole 2008 11 The Tamil Nadu Panchayats (Second Amendment) Act, 2008. The whole202 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

Year Number Short Title Extent of

Repeal

(1) (2)

(3)

(4) 2008 19 The Tamil Nadu co-operative Societies (Second Amendment) Act, 2008. The whole 2008 34 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2008. The whole 2008 39 The Tamil Nadu Panchayats (Seventh Amendment) Act, 2008. The whole 2008 40 The Tamil Nadu Panchayats (Third Amendment) Act, 2008. The whole 2008 41 The Tamil Nadu Panchayats (Fifth Amendment) Act, 2008. The whole 2008 42 The Tamil Nadu Panchayats (Sixth Amendment) Act, 2008. The whole 2008 46 The Tamil Nadu co-operative Societies (Fourth Amendment) Act, 2008. The whole 2008 58 The Tamil Nadu Panchayats (Eighth Amendment) Act, 2008. The whole 2008 59 The Tamil Nadu Panchayats (Ninth Amendment) Act, 2008. The whole 2009 7 The Tamil Nadu co-operative Societies (Amendment) Act, 2009. The whole 2009 12 The Tamil Nadu Panchayats (Fourth Amendment) Act, 2009. The whole 2009 14 The Tamil Nadu Panchayats (Second Amendment) Act, 2009. The whole 2009 20 The Tamil Nadu Panchayats (Third Amendment) Act, 2009. The whole 2009 28 The Tamil Nadu Panchayats (Amendment) Act, 2009. The whole 2010 6 The Tamil Nadu co-operative Societies (Amendment) Act, 2010. The whole 2010 16 The Tamil Nadu co-operative Societies (Second Amendment) Act, 2010. The whole 2010 30 The Tamil Nadu co-operative Societies (Fourth Amendment) Act, 2010. The whole 2011 11 The Tamil Nadu co-operative Societies (Amendment) Act, 2011. The whole 2011 18 The Tamil Nadu Panchayats (Amendment) Act, 2011. The whole 2012 5 The Tamil Nadu co-operative Societies (Amendment) Act, 2012. The whole 2012 14 The Tamil Nadu co-operative Societies (Second Amendment) Act, 2012. The whole 2012 15 The Tamil Nadu Panchayats (Amendment) Act, 2012. The whole 2012 44 The Tamil Nadu Panchayats (Second Amendment) Act, 2012. The whole 2012 45 The Tamil Nadu Panchayats (Third Amendment) Act, 2012. The whole 2012 46 The Tamil Nadu co-operative Societies (Fifth Amendment) Act, 2012. The whole 2014 12 The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment The whole Act, 2014.

2014 22 The Tamil Nadu Panchayats (Amendment) Act, 2014. The whole 2016 5 The Tamil Nadu Panchayats (Amendment) Act, 2016. The wholeTAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY 203

STATEMENT OF OBJECTS AND REASONS.

The Legislative department, Ministry of Law and justice, Government of India forwarded a list of Acts and requested to identify the Acts in existence / in force in the State of Tamil Nadu and to take necessary action for repeal of the said Acts. Further, the State Law commission has recommended in its various Reports to repeal certain enactments, as the said enactments have become obsolete and redundant. Therefore, the Government have decided to repeal such obsolete and redundant laws.

2. The Bill seeks to give effect to the above decision.

C.VE. SHANMUGAM, Minister for Law, Courts and Prisons.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 18th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 26 of 2019

A Bill to regulate bovine breeding activities including use of

bovine breeding bulls for production of bovine semen, production,

processing, storage, sale and distribution of bovine frozen semen,

artificial insemination services in bovines for improving the

productivity of bovines in the State and for matters connected

therewith.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

CHAPTER – I.

PRELIMINARY.

Short title and 1. (1) This Act may be called the Tamil Nadu Bovine Breeding Act,

commencement.

2019.

(2) It shall come into force on such date as the State Government

may, by notification, appoint.

2. In this Act, unless the context otherwise requires,— Definitions.

(a) "artificial insemination" or "AI" means the process of depositing bovine semen in the body of the uterus of a mature bovine female with the intention of making it pregnant;

(b) "AI technician" means a person who possesses requisite qualification, skill and experience to perform artificial insemination in bovines, as may be prescribed;

(c) "AI service provider" means any person including a Firm, Limited Liability Partnership, company, Producer company, Institution, Non-Governmental Organisation, Breeders' Association, Trust, Department of central or State Government, co-operative Society, Livestock Development Board or any Agency, Agriculture or Veterinary University who undertakes AI service in bovines;

(d) "appellate authority" means the appellate authority specified

under section 15;

(e) "Authority" means the bovine breeding Authority appointed

under section 3;

(f) "bovine" means and includes cow, bull, bullock and buffalo;

(g) "bovine breeding" means breeding activities in bovines that include the use of bovine bulls for production of semen, production, processing, storage and distribution of bovine frozen semen, and providing AI services to bovines;

300-Ex-IV-1—3206 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY (h) "breeding policy" means the State breeding policy, notified by the Government, from time to time, for maintaining and developing different breeds of cow, bull, bullock and buffalo in different agro-climatic zones of the State;

(i) "certified bull" means a bovine bull meeting the prescribed standard for semen production and is included as certified bull, in the certificate of registration of a semen station or any bovine bull certified to be of prescribed standard for semen production by the Authority, from time to time;

(j) "Government" means the State Government;

(k) "natural service" means use of breedable healthy bulls for

making female bovines pregnant by natural mating;

(l) "premises" means any land area, yard, building, or vessel or vehicle or any other location that is used for bovine frozen semen production and for providing bovine AI service;

(m) "prescribed" means prescribed by rules made under this

Act;

(n) "prescribed standards" means the standards prescribed by the Authority, from time to time, and to be adhered to by those seeking a certification of registration, namely:—

(i) semen stations intending to use bovine bulls for frozen semen production in accordance with the methods and parameters as may be prescribed;

(ii) semen stations intending to produce, process, store and distribute bovine frozen semen in accordance with the procedures and parameters as may be prescribed; and

(iii) AI service provider intending to provide AI services in

accordance with the procedures and parameters as may be prescribed;

central Act 52 of 1984.

(o) "registered veterinary practitioner" means a graduate in

veterinary science registered under the Veterinary council Act, 1984;

(p) "semen station" means premises, where a facility is setup for

production, processing and storage of bovine frozen semen;

(q) "semen bank" means premises, where a facility is setup for

storage and distribution of bovine frozen semen;

(r) "State" means the State of Tamil Nadu.

CHAPTER – II.

APPOINTMENT AND FUNCTIONS OF THE AUTHORITY.

Appointment of

Authority.

3. (1) The Government shall, by notification, appoint the Bovine Breeding Authority to exercise the powers conferred on, and perform the functions assigned to, it under this Act.

(2) The Authority shall appoint a team of experts having relevant professional experience of not less than ten years in the field of animal breeding or husbandry in any veterinary institution of repute, for the purpose of conducting inquiry or inspection of AI service providers, AI training institutes and to perform such other functions, under this Act.

(3) The Authority shall perform the following functions, namely:—

(a) appoint such number of officers and employees as it may

consider necessary for the efficient performance of its functions;

(b) register and renew the registration of the semen stations and AI service providers as per the provisions contained in chapter-III of this Act;

(c) inspect, survey and search any of the premises where

activities related to AI service is going on;

(d) receive the annual returns from AI service providers and to

maintain records and data thereof;

(e) grant recognition to the AI training institutes;

(f) collect and maintain, information and statistical data with regard to activities of AI service providers, AI training institutes and the AI technicians;

(g) regulate natural service of bovine breeding;

(h) advise the Government on any matter concerning the

activity of bovine breeding;

(i) plan and cause to be executed a programme for bovine breeding activities in general and conservation, preservation and propagation of indigenous breeds of cow, bull, bullock or buffalo in particular;

(j) plan and cause to be executed, inter-alia, a programme for community based conservation of indigenous breeds, field performance recording in the home tract of bovine and establishment of breeder societies for indigenous bovine breeds;

(k) advise the Government on instituting an incentive

mechanism for rearers of indigenous bovine breeds;

(l) exercise such other powers and perform such other activities and functions as may be prescribed by the Government, from time to time;

(4) The Authority, while discharging the functions under this Act,

shall be bound by such directions as may be given by the Government.

Power to obtain information.

4. (1) The Authority in order to perform the functions conferred on it by or under this Act, or any officer empowered by it may take such steps as may be necessary so as to obtain any information from any semen station, AI service provider, AI training institute or AI technician.

(2) The Authority may give directions requiring any person in-charge of any establishment, premises, where any activity relating to bovine breeding is carried out or who, in its opinion, is contravening any of the provisions of this Act and the rules made thereunder, to furnish such information in such form and in such manner, as may be prescribed.

300-Ex-IV-1—3a208 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

CHAPTER – III.

cERTIFIcATION OF BULLS, REGISTRATION OF SEMEN STATIONS

AND AI SERVIcE PROVIDERS.

Certification of bulls

and registration of semen stations.

5. (1) On and from the date of commencement of this Act, no person including any Firm, Limited Liability Partnership, company, Producer company, Institution, Non-Governmental Organisation, Breeders' Association, Trust, Department of central or State Government, co-operative Society, Livestock Development Board or Agency, shall establish and operate a semen station for production of bovine frozen semen doses for AI without obtaining a certificate of registration from the Authority.

(2) The existing semen stations shall apply to the Authority for issue of registration certificate for frozen semen production within three months from the date of commencement of this Act.

(3) On and from the date of commencement of this Act, no semen station shall carry out semen production from any bull other than those certified as of prescribed standard, for semen production, by the Authority.

(4) Every application for registration of semen station shall be made to the Authority in such form and in such manner, as may be prescribed and shall be accompanied with such fee not exceeding one lakh rupees as may be prescribed.

(5) Every application for registration of bull shall be made to the Authority in such form and in such manner, as may be prescribed and shall be accompanied with such fee not exceeding two hundred rupees as may be prescribed.

(6) On receipt of an application under sub-sections (4) and (5), the Authority may, after making such enquiry as it deems necessary, either issue or refuse to issue the certificate of registration. Every registration shall be in such form and in such manner and subject to such terms and conditions as may be prescribed and shall be valid for a period of three years from the date of issue of the certificate of registration:

Provided that the Authority shall, before refusing to issue the certificate of registration, give the applicant a reasonable opportunity of being heard.

Registration of AI

service provider.

6. (1) On and from the date of commencement of this Act, no AI service provider shall provide AI services without obtaining a registration certificate from the Authority.

(2) The existing AI service providers shall apply to the Authority for issue of registration certificate for providing AI services within three months from the date of commencement of this Act.

(3) Every application for registration shall be made to the Authority in such form and in such manner, as may be prescribed and shall be accompanied with such fee not exceeding fifty thousand rupees as may be prescribed.

(4) On receipt of an application under sub-section (3), the Authority may, after making such enquiry as it deems necessary, either issue or refuse to issue the certificate of registration. Every certificate of registration shall be in such form and in such manner and subject to such terms and conditions as may be prescribed and shall be valid for a period of three years from the date of issue of certificate of registration:

Provided that the Authority shall, before refusing to issue the certificate of registration, give the applicant a reasonable opportunity of being heard.

Registration of AI technicians.

7. (1) On and from the date of commencement of this Act, no person shall act as AI technician and provide his services for any AI service provider unless, he—

(a) possesses such qualification and experience as may be

prescribed;

(b) has undergone training from any recognised AI Training

Institutes as may be prescribed; and

(c) is registered with a semen station or AI service provider.

(2) Every application for registration shall be made to the Authority in such form and in such manner, as may be prescribed and shall be accompanied with such fee not exceeding five hundred rupees as may be prescribed.

(3) On receipt of an application under sub-section (2), the Authority may, after making such enquiry as it deems necessary, either issue or refuse to issue the certificate of registration. Every certificate of registration shall be in such form and in such manner and subject to such terms and conditions as may be prescribed:

Provided that the Authority shall, before refusing to issue the certificate of registration, give the applicant a reasonable opportunity of being heard.

Recognition of AI

training institutes.

8. (1) Any person including any Firm, Limited Liability Partnership, company, Producer company, Institution, Non-Governmental Organisation, Breeders' Association, Trust, Department of central or State Government, co-operative Society, Livestock Development Board or Agency, Agriculture or Veterinary University shall apply to the Authority for grant of recognition as a AI training institute.

(2) Every application for grant of recognition under sub-section (1) shall be made to the Authority in such form and in such manner, as may be prescribed and accompanied with such fee not exceeding fifty thousand rupees as may be prescribed.

(3) On receipt of an application under sub-section (2), the Authority may, after making such enquiry as it deems necessary, either grant recognition or refuse to grant recognition. Every recognition shall be in such form and in such manner and subject to such terms and conditions as may be prescribed and shall be valid for a period of three years from the date of issue of the certificate of recognition:

Provided that the Authority shall, before refusing to grant the certificate of recognition, give the applicant a reasonable opportunity of being heard.

Renewal.

9. (1) Every application for renewal of the certificate of registration or recognition, as the case may be, under this Act shall be made not less than three months before the date of expiry of the period of such certificate of registration or recognition, as the case may be:

Provided that the Authority may allow such application after the expiry of the aforesaid period, if the Authority is satisfied that the applicant was prevented by sufficient cause from applying for renewal in time.

(2) The provisions of this Act shall, as far as may be, apply in relation to the renewal of the certificate of registration or recognition, as they apply in relation to the issue of certificate of registration or grant of recognition.

Regulation of sale of

semen.

10. (1) No semen station or AI service provider shall sell or distribute the bovine frozen semen doses to any person other than the registered AI service provider or the registered AI technician or to a person or institution as may be authorised by the Authority.

(2) No semen station or AI service provider shall sell the bovine frozen semen doses, in contravention of the breeding policy of the State.

Exemptions. 11. Any semen production facility set up by research institutes or Veterinary Universities for the purpose of research and training shall be exempted from the obligation of holding a registration certificate for semen station so far as such research institutes or universities use the semen doses only on the animals owned by them and are not engaged in the activity of selling or distribution of semen doses or providing commercial AI delivery services.

12. (1) Bovine breeding through natural service shall be restricted

to only indigenous breeds.

Regulations for bovine breeding through natural service.

(2) All farmers who intend to keep male bovine for breeding by natural service either for their own herd or for making service available to other farmers' bovines shall register the male bovine with the person identified by the Authority in such manner as may be prescribed.

(3) The registration shall be for a period of two years and application shall be submitted for renewal of the registration every two years.

(4) The person identified under sub-section (2) shall provide the certificate of registration for the use of male bovine for natural service within forty five days of application after examination of the male bovine and related documents.

(5) All male bovine intended for natural service shall be identified with ear tags as approved by the National Dairy Development Board.

(6) A breeding soundness certificate shall be obtained from the appropriate authorities as may be identified by the Authority before inducting the male bovine for natural service.

(7) The farmers shall ensure that the male bovine used for natural service are subjected to periodical testing for diseases by the person identified or accredited by the Authority as that of male bovine used for AI services that would be prescribed, from time to time. The disease free certificate shall be produced when demanded by identified authorities.

(8) The farmers shall ensure that the male bovine used for natural service are subjected to periodical vaccination for diseases by the person identified or accredited by the Authority as that of male bovine used for AI services that would be prescribed, from time to time. The vaccination certificate shall be produced when demanded by the person identified by the Authority.

(9) The person identified under sub-section (2) shall have power to enter the premise where the male bovine for natural service are reared for examining the animals for their breeding fitness and compliance with this Act.

(10) The male bovine declared unfit for breeding or infected with disease shall be eliminated by the farmer in such manner as may be prescribed.

(11) The farmers shall maintain records of the male bovine used for natural service in such form and in such manner, as may be prescribed.

(12) Any institution or individual desirous of using liquid semen of an indigenous bull for breeding purposes on its or his own animals or animals owned by others, shall comply with all procedure as may be prescribed.

Duplicate registration

certificate.

13. If a registration or recognition certificate issued under this Act is defaced, lost or destroyed, the Authority may, if satisfied, grant a duplicate registration or recognition certificate to the applicant on payment of such fee not exceeding,—

(i) one thousand rupees for duplicate registration certificate of

semen stations, AI service providers and AI technicians;

(ii) one thousand rupees for duplicate recognition certification

of AI Training Institutes; and

(iii) fifty rupees for duplicate registration certificate of bull,

as may be prescribed.

14. If the Authority is satisfied, either on a reference made to it in

this behalf or on enquiry report or otherwise that—

Revocation of certificate of registration and recognition.

(i) the certificate of registration or recognition granted by it under this Act, for semen station, AI service provider, AI training institute or AI technician has been obtained by misrepresentation or fraud; or

(ii) the holder of the certificate of registration or recognition has, without reasonable cause, failed to comply with the conditions subject to which the certificate or recognition has been granted or has contravened any of the provisions of this Act or rules made thereunder or has not complied with such conditions as may be prescribed by the Authority, then without prejudice to any other proceedings to which the holder of the certificate may be liable under this Act, the Authority may, after giving the holder of the certificate of registration or recognition an opportunity to show cause,—

(a) revoke the certificate of registration or recognition by

giving reasons for such revocation; or212 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY (b) suspend the certificate of registration or recognition till the holder of the certificate complies with all the required conditions to the satisfaction of the Authority; or

(c) impose such other conditions to be complied with, by the

holder of certificate of registration or recognition; or

(d) take undertaking from the holder of the certificate of registration or recognition, to comply with the provisions of this Act and rules.

Appeal. 15. (1) Any person aggrieved by an order of the Authority refusing to grant or renew a certificate of registration or recognition or revoking or suspending the certificate of registration or recognition under the provisions of this Act, may prefer an appeal before the Appellate Authority as may be specified by the Government within thirty days from the date on which the order is communicated to him.

(2) The Appellate Authority, may entertain the appeal after the expiry of period of the said thirty days if the Authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) The Appellate Authority, after giving a reasonable opportunity of being heard to the appellant, shall decide the appeal within three months or as expeditiously as possible.

(4) While pending disposal of an appeal, the Appellate Authority may direct that the order refusing to grant or renew a certificate or the order of revoking or suspending the certificate of registration or recognition shall not take effect until the appeal is disposed off.

CHAPTER – IV.

POWER TO INSPEcT, SEARcH AND MAINTENANcE OF REcORDS.

Power to inspect,

search and seizure.

16. (1) The Authority or any officer or member of team of experts authorised by him in this behalf, with a view to securing compliance with the terms and conditions of the registration or recognition and any provisions of this Act and rules made thereunder, or for the purpose of inspection and enquiry, may

(a) enter, inspect and cause or conduct search of any place of business or premises of the semen station or artificial insemination service provider or training institute in which it has reason to believe that any activity in contravention of the provisions of this Act and rules made thereunder is going on or there is any contravention of any of the provisions of this Act or rules made thereunder or the holder of certificate is doing activities in violation of the conditions of registration or recognition issued under this Act;

(b) collect samples of semen, blood or any other material used in semen production or AI services, from the premises of any semen station or AI service provider or training institute and have such samples analysed by a laboratory authorized in that behalf by the Authority and shall also seize any bulls therefrom which are not duly certified for semen production or make such other enquiry as may be required, take statements of the holder of the certificate of registration or recognition and other persons working in such premises and to check the records thereof.

central Act ² of ¹⁹⁷⁴. (2) The provisions of the code of criminal Procedure, 1973 relating to search and seizure shall, so far as may be, apply to searches and seizures made under sub-section (1).

(3) Every person who holds the certificate of registration for semen station or AI service provider or a certificate of recognition for training institute under this Act, or an AI training institute or AI service provider shall be bound by any direction or order issued by the Authority, in pursuance of any of the provisions of this Act and shall comply with such direction or order and any failure on his part to comply with such direction or order shall be deemed to be a contravention of this Act.

Maintenance of records and submission of returns.

17. (1) Every person who holds a certificate of registration or recognition under this Act shall maintain such books, accounts and records relating to his business in such form and in such manner, as may be prescribed.

(2) Every semen station and AI service provider shall maintain a register containing therein the name, address, contact details and the qualification and experience of all those AI technicians, registered with them. The register so maintained and the application and supporting documents of the experience and qualification of the AI technicians shall be made available for the inspection of the Authority. A list of all such AI technicians shall be submitted along with the half yearly returns submitted by them to the Authority.

(3) Every person who holds a certificate of registration for a semen station shall submit to the Authority a half yearly return in duplicate in respect of the semen station and with respect to new bulls proposed for registration in such form and in such manner, as may be prescribed.

(4) Every person who holds a certificate of registration as an AI service provider shall submit to the Authority a half yearly return in duplicate in respect of number of AI technicians engaged and number of inseminations carried out in such form and in such manner, as may be prescribed.

(5) Every person who holds a certificate of recognition as an AI training institute shall submit to the Authority, a half yearly return in duplicate giving a list of AI technicians trained and name of the registered veterinary practitioner under whose supervision the training was imparted in such form and in such manner, as may be prescribed.

Power to give directions.

18. Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any direction that the Government may give in this behalf, the Authority, may in exercise of its power and performance of its functions under this Act, issue any direction in writing to any person or officer and such person or officer shall be bound to comply with such directions. The powers to issue directions under this section include the power to direct—

(i) the closure, prohibition or regulation of any operation,

process or activity related to bovine breeding, AI services, training; or

(ii) the stoppage or regulation of supply of electricity, water

or any other service.

300-Ex-IV-1—4214 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY Power to make

application to courts for restraining bovine breeding activities in contravention of this Act.

19. (1) Where it is considered by the Authority that any person or institution or service provider is engaged in the bovine breeding activity or providing AI services or AI training in contravention of the provisions of this Act and rules made thereunder it shall make an application to a court of Metropolitan Magistrate or judicial Magistrate for restraining the said person or institution or service provider from carrying out the said activity.

(2) On receipt of an application, the court may pass an order restraining any person or institution or service provider to carry out the said activity or give such directions or pass such order as it may deem fit.

Penalties. 20. (1) Whoever carries out the production of frozen semen at any premises, place or centre or semen station or provides artificial insemination services without holding a valid registration certificate or hold a expired registration certificate or carry on production activity of frozen semen from other than the certified bulls or contravenes with any of the provisions of this Act, shall be liable to pay a fine which may extend to fifty thousand rupees.

(2) Whoever has been granted a certificate of registration as semen station or AI service provider under this Act and has contravened any of the provisions of this Act or failed to maintain the prescribed standards laid down in the Act, shall be liable to pay a fine which may extend to one lakh rupees.

(3) Whoever fails to comply with any direction given within such time as may be specified in the direction or fails to comply with any order issued or direction given by a court shall, in respect of each such failure and on conviction, be liable for a simple imprisonment upto six months or liable to pay additional fine which may extend upto fifty thousand rupees or both. The penalties or fine so imposed, may be recovered from the person concerned, as an arrear of land revenue or of public demand.

(4) Whosoever resorts to any sort of advertisement or publicity misrepresenting the facts about the type and nature of services for which he has been granted the certificate of registration or recognition, be liable for a simple imprisonment upto six months or liable to pay additional fine which may extend upto two lakh rupees or both.

(5) Indiscriminate breeding of animals by any institution or individual, not advocated by the Authority is an offence and the offender is liable to pay a fine which may extend up to fifty thousand rupees.

(6) No institution or individual, other than the one explicitly permitted by the Authority to do so, shall indulge in any kind of activity or research related to animal reproduction and such unauthorised activity or research shall be an offence and such institution or individual, on conviction, is liable to pay a fine which may extend upto fifty thousand rupees or for a simple imprisonment upto six months or both.

Offences by

companies.

21. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge for that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.— For the purpose of this section,—

(a) "company" means any body corporate and includes a firm or

other association of individuals; and

(b) "director" in relation to a firm, means a partner in the firm.

cognizance of offences.

22. (1) No court shall take cognizance of any offence under this Act except on a complaint made by the Authority or any officer authorised in this behalf by it.

(2) No prosecution for offences punishable under this Act shall be instituted except with the previous sanction of the Authority or an officer authorised in this behalf by the Authority, by notification.

CHAPTER – V.

MIScELLANEOUS.

Report of recognized

laboratory.

23. Any document purporting to be a report signed and issued by a recognized laboratory may be used as evidence of the facts stated therein in any proceedings under this Act.

Local authorities

to assist.

24. All local authorities shall render such help and assistance and furnish such information to the Authority as it may require for the discharge of its functions and shall make available for inspection and examination, such records or documents as may be necessary.

Returns and reports.

25. The Authority shall furnish to the Government in such manner as may be prescribed such reports, returns, statistics, and other information with respect to its funds or activities as the Government may, from time to time, require.

Bar of jurisdiction of

civil courts.

26. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act is empowered.

Protection of action

taken in good faith.

27. No suit, prosecution or other legal proceedings shall lie against the Authority, any officer or employee of the Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Delegation of powers.

28. (1) The Government may, by notification, direct that all or any of the powers exercisable by them under this Act, other than the powers conferred by this section and sections 3, 30 and 31 may also be exercised by such person or persons as may be specified in the notification.

300-Ex-IV-1—4a216 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Government.

certain persons to be

central Act xLV of public servants.

1860. 29. Any member or officer of the Authority empowered by the Government, while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal code.

Power to remove

difficulties.

30. If any difficulty arises in giving effect to any provisions of this Act, the Government may, by a general or a special order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of removing the said difficulty:

Provied that no such order shall be made after the expiry of a period

of three years from the date of commencement of this Act.

Power to make rules. 31. (1) The Government may, by notification, make rules for carrying out all

or any of the purposes of this Act.

(2) (a) 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.

(b) 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.

(3) Every rule made, notification or order 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 makes any modification in any such rule, notification or order or the Legislative Assembly decides that the rule, notification or order should not be made or issued, the rule, notification or order 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, notification or order.

STATEMENT OF OBJECTS AND REASONS.

At present there is no prescribed standards for frozen semen production or offering of bovine artificial insemination services and there is no law for regulation of bovine breeding. The Government keenly felt the need for improving the productivity of bovines in the State by regulating bovine breeding activities including use of bovine breeding bulls for production of bovine semen, production, processing, storage, sale and distribution of bovine frozen semen, providing artificial insemination services bovines and natural breeding of bovines. Therefore, the Government have decided to enact a legislation for the above purpose.

2. The Bill seeks to give effects to the above decision.

UDUMALAI K. RADHAKRISHNAN, Minister for Animal Husbandry.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

clauses 1(2), 2,3, 4(2), 5, 6, 7, 8, 12, 13, 14, 15, 17, 18, 25, 28, 30 and 31 of the Bill, authorises the Government, authority to issue notifications, orders, directions, prescribe form and manner or to make rules, as the case may be, for the purposes specified therein.

2. The powers delegated are normal and not of an exceptional character.

UDUMALAI K. RADHAKRISHNAN, Minister for Animal Husbandry.

K. SRINIVASAN,

Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 18th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 27 of 2019

A Bill further to amend the Tamil Nadu Motor Vehicles Taxation Act, 1974.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth

Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Motor Vehicles Taxation (Amendment)

commencement.

Act, 2019.

(2) It shall come into force at once.

Tamil Nadu Act 13

Amendment of First 2. In the First Schedule to the Tamil Nadu Motor Vehicles Taxation Act, 1974

of 1974.

Schedule.

(hereinafter referred to as the Principal Act), in class 2, after paragraph I-A, the

following paragraph shall be inserted, namely:—

"I-B. (a) Omni Bus with berth for passengers to 4,000.00 per single berth.

sleep while travelling.

(b) Omni Bus with berth for passengers to sleep 4,000.00 per single berth.

while travelling and with seat

3,000.00 per single seat.".

Amendment of Ninth 3. In the Ninth Schedule to the Principal Act, for item (c), the following item shall

Schedule.

be substituted, namely:—

"(c) Omni bus with berth for passengers to sleep while travelling and omni bus

central Act 59 of

.

with berth for passengers to sleep while travelling and with seat in respect of which

1988

permit is granted under sub-section (8) or (9) of section 88 of the Motor Vehicles

Act, 1988—

(i) If the temporary licence is for a period 800.00 per seat or 1000.00 per

not exceeding 7 days.

single berth per entry.

(ii) If the temporary licence is for a period 2000.00 per seat or 2500.00 per

exceeding 7 days but not exceeding 30 days. single berth per entry.

(iii) If the temporary licence is for a period 5000.00 per seat or 5500.00 per

exceeding 30 days but not exceeding 90 days. single berth per entry.".

STATEMENT OF OBJECTS AND REASONS

At present, there is no provision in the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974) for levy of motor vehicle taxes on Omni buses with berth for passengers to sleep while travelling and Omni buses with berth for passengers to sleep while travelling and with seat. Hence, the Government have decided to amend the said Tamil Nadu Act 13 of 1974 to levy taxes on such Omni buses.

2. The Bill seeks to give effect to the above decision.

M.R. VIJAYABHASKAR, Minister for Transport.

K. SRINIVASAN, Secretary.

PRINTED AND PUBLISHED BY THE DIREcTOR OF STATIONERY AND PRINTING, cHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU