[189 ]

300-Ex-IV-1—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[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

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

Contents

190

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

commencement.

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

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.

Amendment of

section 1.

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:—

Tamil Nadu Act 42

of 2017.

“(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.”.

Amendment of

section 4.

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

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

Amendment of

section 47.

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

(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.

Repeal and saving.

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

and Tenants (Amendment) Ordinance, 2019 is hereby repealed.

Tamil Nadu

Ordinance

1 of 2019.

(2) Notwithstanding such repeal, anything done or any action taken under the

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.

Tamil Nadu Act 42

of 2017.

Tamil nadu government gazette extraordinary

191

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—1a

Tamil nadu government gazette extraordinary

193

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:—

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

(Conditions of Service) Amendment Act, 2019.

Short title and

commencement.

(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;

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.

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:—

Amendment of

section 3.

“(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

substituted, namely:—

Substitution of

section 4.

194

Tamil nadu government gazette extraordinary

“4.Classification— Persons holding posts under the Government

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

Amendment of

section 8.

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

“who has taken a degree” shall be omitted.

Amendment of

section 20.

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

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

references to certain

expressions by other

expression.

In the principal Act,—

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

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

be added, namely:—

Addition of new

Schedule XIII.

“SCHEDULE XIII.

[See section 4].

Group A

Employees

posts

drawing

level

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

posts

drawing

level

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

posts

drawing

level

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

posts

drawing

level

pay

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

Tamil nadu government gazette extraordinary

195

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.

Tamil nadu government gazette extraordinary

197

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.

2. The enactments specified in the Schedule are hereby repealed to the

extent mentioned in the fourth column thereof.

Repeal of

certain

enactments.

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;

Savings.

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—2

198

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

The Koodalmanickam Devaswom Act, 1918.

The whole

1923

The Tamil Nadu Stamp (Further Amendment) Act, 1923.

The whole

1934

The Tamil Nadu Local Boards and Elementary Education (Amendment)

Act, 1934.

The whole

1935

The Tamil Nadu Elementary Education (Amendment) Act, 1935.

The whole

1939

The Tamil Nadu Elementary Education (Amendment) Act, 1939.

The whole

1940

XIX

The Tamil Nadu Rinderpest Act, 1940.

The whole

1948

The Tamil Nadu Tobacco Taxation of Sales and Licensing (Re-enacting)

Act, 1948.

The whole

1943

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

The Tamil Nadu General Sales Tax (Amendment) Act, 1951.

The whole

1951

VIII

The Tamil Nadu Buildings (Lease and Rent Control) Amendment Act,

1951.

The whole

1951

XXV

The Tamil Nadu Buildings (Lease and Rent Control) Second Amendment

Act, 1951.

The whole

1970

The Tamil Nadu Agricultural Produce Markets (Amendment and Validation

of Cess) Act, 1970.

The whole

1978

The Tamil Nadu Agricultural Produce Markets (Amendment and Special

Provisions) Act, 1978.

The whole

1980

The Tamil Nadu Agricultural Produce Markets (Amendment and Special

Provisions) Amendment Act, 1980.

The whole

1981

The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1981.

The whole

Tamil nadu government gazette extraordinary

199

1981

The Tamil Nadu Agricultural Produce Markets (Second Amendment) Act,

1981.

The whole

1983

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

The whole

1984

The Tamil Nadu Agricultural Produce Markets and the Tamil Nadu

Agricultural Produce Markets (Amendment and Special Provisions)

Amendment Act, 1984.

The whole

1985

The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1985.

The whole

1985

The Tamil Nadu Agricultural Produce Markets (Second Amendment) Act,

1985.

The whole

1989

The Tamil Nadu Agricultural Produce Markets (Amendment) and Validation

of Appointment of Special Officers Act, 1989.

The whole

1990

The Tamil Nadu Co-operative Societies (Amendment) Act, 1990.

The whole

1991

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1991.

The whole

1992

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1992.

The whole

1993

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1993.

The whole

1994

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1994.

The whole

1994

The Tamil Nadu Panchayats (Amendment) Act, 1994.

The whole

1995

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1995.

The whole

1995

The Tamil Nadu Panchayats (Amendment) Act, 1995.

The whole

1995

The Tamil Nadu Panchayats (Second Amendment) Act, 1995.

The whole

1995

The Tamil Nadu Agricultural Produce Marketing (Regulation) Second

Amendment Act, 1995.

The whole

1995

The Tamil Nadu Panchayats (Third Amendment) Act, 1995.

The whole

1996

The Tamil Nadu Panchayats (Amendment) Act, 1996.

The whole

1996

The Tamil Nadu Panchayats (Second Amendment) Act, 1996.

The whole

1996

The Tamil Nadu Panchayats (Third Amendment) Act, 1996.

The whole

1997

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1997.

The whole

1997

The Tamil Nadu Panchayats (Amendment) Act, 1997.

The whole

1997

The Tamil Nadu Panchayats (Second Amendment) Act, 1997.

The whole

1997

The Tamil Nadu Panchayats (Fourth Amendment) Act, 1997.

The whole

1997

The Tamil Nadu Panchayats (Fifth Amendment) Act, 1997.

The whole

Year

Number

Short Title

Extent of

Repeal

(1)

(2)

(3)

(4)

300-Ex-IV-1—2a

200

Tamil nadu government gazette extraordinary

1998

The Tamil Nadu Panchayats (Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Second Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Third Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Fourth Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Fifth Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Sixth Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Panchayats (Seventh Amendment) Act, 1998.

The whole

1998

The Tamil Nadu Agricultural Produce Marketing (Regulation) Second

Amendment Act, 1998.

The whole

1999

The Tamil Nadu Panchayats (Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Second Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Third Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Fourth Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Fifth Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Sixth Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Seventh Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Panchayats (Eighth Amendment) Act, 1999.

The whole

1999

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 1999.

The whole

2000

The Tamil Nadu Panchayats (Amendment) Act, 2000.

The whole

2000

The Tamil Nadu Panchayats (Second Amendment) Act, 2000.

The whole

2000

The Tamil Nadu Panchayats (Fifth Amendment) Act, 2000.

The whole

2000

The Tamil Nadu Panchayats (Third Amendment) Act, 2000.

The whole

2000

The Tamil Nadu Panchayats (Sixth Amendment) Act, 2000.

The whole

2001

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2000.

The whole

2001

The Tamil Nadu Co-operative Societies (Amendment) Act, 2001.

The whole

2001

The Tamil Nadu Panchayats (Amendment) Act, 2001.

The whole

2001

The Tamil Nadu Panchayats (Second Amendment) Act, 2001.

The whole

2002

The Tamil Nadu Panchayats (Amendment) Act, 2002.

The whole

2002

The Tamil Nadu Panchayats (Third Amendment) Act, 2002.

The whole

2002

The Tamil Nadu Co-operative Societies (Amendment) Act, 2002.

The whole

2002

The Tamil Nadu Panchayats (Second Amendment) Act, 2002.

The whole

2002

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2002.

The whole

Year

Number

Short Title

Extent of

Repeal

(1)

(2)

(3)

(4)

Tamil nadu government gazette extraordinary

201

2002

The Tamil Nadu Panchayats (Fifth Amendment) Act, 2002.

The whole

2003

The Tamil Nadu Panchayats (Amendment) Act, 2003.

The whole

2003

The Tamil Nadu Co-operative Societies (Amendment) Act, 2003.

The whole

2003

The Tamil Nadu Panchayats (Second Amendment) Act, 2003.

The whole

2003

The Tamil Nadu Panchayats (Third Amendment) Act, 2003.

The whole

2003

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2003.

The whole

2004

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 2003.

The whole

2004

The Tamil Nadu Co-operative Societies (Amendment) Act, 2004.

The whole

2004

The Tamil Nadu Panchayats (Amendment) Act, 2004.

The whole

2004

The Tamil Nadu Panchayats (Second Amendment) Act, 2004.

The whole

2004

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2004.

The whole

2004

The Tamil Nadu Panchayats (Third Amendment) Act, 2004.

The whole

2005

The Tamil Nadu Co-operative Societies (Amendment) Act, 2005.

The whole

2005

The Tamil Nadu Panchayats (Amendment) Act, 2005.

The whole

2005

The Tamil Nadu Panchayats (Second Amendment) Act, 2005.

The whole

2005

The Tamil Nadu Panchayats (Third Amendment) Act, 2005.

The whole

2005

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2005.

The whole

2006

The Tamil Nadu Panchayats (Second Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Panchayats (Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Panchayats (Fifth Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Co-operative Societies (Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Panchayats (Third Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Panchayats (Sixth Amendment) Act, 2006.

The whole

2006

The Tamil Nadu Co-operative Societies (Third Amendment) Act, 2006.

The whole

2007

The Tamil Nadu Co-operative Societies (Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Second Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Third Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Fifth Amendment) Act, 2007.

The whole

2007

The Tamil Nadu Panchayats (Sixth Amendment) Act, 2007.

The whole

2008

The Tamil Nadu Co-operative Societies (Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Second Amendment) Act, 2008.

The whole

Year

Number

Short Title

Extent of

Repeal

(1)

(2)

(3)

(4)

202

Tamil nadu government gazette extraordinary

2008

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Seventh Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Third Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Fifth Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Sixth Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Co-operative Societies (Fourth Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Eighth Amendment) Act, 2008.

The whole

2008

The Tamil Nadu Panchayats (Ninth Amendment) Act, 2008.

The whole

2009

The Tamil Nadu Co-operative Societies (Amendment) Act, 2009.

The whole

2009

The Tamil Nadu Panchayats (Fourth Amendment) Act, 2009.

The whole

2009

The Tamil Nadu Panchayats (Second Amendment) Act, 2009.

The whole

2009

The Tamil Nadu Panchayats (Third Amendment) Act, 2009.

The whole

2009

The Tamil Nadu Panchayats (Amendment) Act, 2009.

The whole

2010

The Tamil Nadu Co-operative Societies (Amendment) Act, 2010.

The whole

2010

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 2010.

The whole

2010

The Tamil Nadu Co-operative Societies (Fourth Amendment) Act, 2010.

The whole

2011

The Tamil Nadu Co-operative Societies (Amendment) Act, 2011.

The whole

2011

The Tamil Nadu Panchayats (Amendment) Act, 2011.

The whole

2012

The Tamil Nadu Co-operative Societies (Amendment) Act, 2012.

The whole

2012

The Tamil Nadu Co-operative Societies (Second Amendment) Act, 2012.

The whole

2012

The Tamil Nadu Panchayats (Amendment) Act, 2012.

The whole

2012

The Tamil Nadu Panchayats (Second Amendment) Act, 2012.

The whole

2012

The Tamil Nadu Panchayats (Third Amendment) Act, 2012.

The whole

2012

The Tamil Nadu Co-operative Societies (Fifth Amendment) Act, 2012.

The whole

2014

The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment

Act, 2014.

The whole

2014

The Tamil Nadu Panchayats (Amendment) Act, 2014.

The whole

2016

The Tamil Nadu Panchayats (Amendment) Act, 2016.

The whole

Year

Number

Short Title

Extent of

Repeal

(1)

(2)

(3)

(4)

Tamil nadu government gazette extraordinary

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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.

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

2019.

Short title and

commencement.

(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;

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;

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(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;

(o) “registered veterinary practitioner” means a graduate in

veterinary science registered under the Veterinary Council Act, 1984;

Central Act 52 of 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.

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(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;

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.

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.

Power to obtain

information.

(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.

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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:

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Provided that the Authority shall, before refusing to issue the

certificate of registration, give the applicant a reasonable opportunity of

being heard.

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—

Registration of AI

technicians.

(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

(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.

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.

Recognition of AI

training institutes.

(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.

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:

Renewal.

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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.

Regulations for bovine

breeding through

natural service.

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

to only indigenous breeds.

(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.

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(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.

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,—

Duplicate registration

certificate.

(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; or

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(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

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.

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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.

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.

Maintenance of records

and submission of

returns.

(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.

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—

Power to give

directions.

(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.

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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:

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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.

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.

Cognizance of

offences.

(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.

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.

Report of recognized

laboratory.

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.

Local authorities

to assist.

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.

Returns and reports.

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.

Bar of jurisdiction of

Civil Courts.

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.

Protection of action

taken in good faith.

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.

Delegation of powers.

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(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

public servants.

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.

Central Act XLV of

1860.

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.

Tamil nadu government gazette extraordinary

219

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:—

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

Act, 2019.

Short title and

commencement.

(2) It shall come into force at once.

Tamil Nadu Act 13

of 1974.

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

(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

sleep while travelling.

4,000.00 per single berth.

(b) Omni Bus with berth for passengers to sleep

while travelling and with seat

4,000.00 per single berth.

3,000.00 per single seat.”.

Amendment of First

Schedule.

Central Act 59 of

1988

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

be substituted, namely:—

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

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

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

not exceeding 7 days.

800.00 per seat or 1000.00 per

single berth per entry.

(ii) If the temporary licence is for a period

exceeding 7 days but not exceeding 30 days.

2000.00 per seat or 2500.00 per

single berth per entry.

(iii) If the temporary licence is for a period

exceeding 30 days but not exceeding 90 days.

5000.00 per seat or 5500.00 per

single berth per entry.”.

Amendment of Ninth

Schedule.