ACTS - No. 31 of 2019 to No. 33 of 2019

©

GOVERNMENT OF TAMIL NADU

2019

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

[R. Dis. No. 197/2009.

[Price: Rs. 6.40 Paise.

No. 319] CHENNAI, WEDNESDAY, JULY 31, 2019 Aadi 15, Vikari, Thiruvalluvar Aandu–2050

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS:

No. 31 of 2019—The Tamil Nadu Bovine Breeding Act, 2019 .. .. 160-170 No. 32 of 2019—The Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 2019.. 171-172 No. 33 of 2019—The Tamil Nadu Clinical Establishments (Regulation) Amendment

Act, 2019 .. .. .. .. .. 173

[ 159 ]

319-Ex-IV-2—1160 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 30th July 2019 and is hereby published for general information:—

ACT No. 31 OF 2019.

An Act 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.

B(cid:3469) 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 commence- ment.

(2) It shall come into force on such date as the State Government may, by notifi cation, appoint.

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

(a) "artifi cial 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 qualifi cation, skill and experience to perform artifi cial 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 specifi ed under section 15;

(e) "Authority" means the bovine breeding Authority appointed under section 3;

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

(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;

(h) "breeding policy" means the State breeding policy, notifi ed 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) "certifi ed bull" means a bovine bull meeting the prescribed standard for semen production and is included as certifi ed bull, in the certifi cate of registration of a semen station or any bovine bull certifi ed 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 certifi cation 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

(o) "registered veterinary practitioner" means a graduate in veterinary science of 1984.

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 3. (1) The Government shall, by notifi cation, appoint the Bovine Breeding Authority

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 fi eld 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 offi cers and employees as it may consider necessary for the effi cient 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, fi eld 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 Power to obtain information. under this Act, or any offi cer 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.

CHAPTER – III.

CERTIFICATION OF BULLS, REGISTRATION OF SEMEN STATIONS AND AI SERVICE

PROVIDERS.

Certifi cation

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 of bulls and registration of semen stations.

a semen station for production of bovine frozen semen doses for AI without obtaining a certifi cate of registration from the Authority.

(2) The existing semen stations shall apply to the Authority for issue of registration certifi cate 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 certifi ed 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 certifi cate 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 certifi cate of registration:

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

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

Registration of AI service provider.

(2) The existing AI service providers shall apply to the Authority for issue of registration certifi cate 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 fi fty 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 certifi cate of registration. Every certifi cate 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 certifi cate of registration:

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

Registration 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—

of AI technicians.

(a) possesses such qualifi cation 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 fi ve 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 certifi cate of registration. Every certifi cate 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 certifi cate 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,

Recognition of AI training institutes.

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 fi fty 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 certifi cate of recognition:

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

Renewal.

9. (1) Every application for renewal of the certifi cate 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 certifi cate 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 satisfi ed that the applicant was prevented by suffi cient 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 certifi cate of registration or recognition, as they apply in relation to the issue of certifi cate of registration or grant of recognition.

Regulation

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 of sale of semen.

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 certifi cate 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 identifi ed 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 identifi ed under sub-section (2) shall provide the certifi cate of registration for the use of male bovine for natural service within forty fi ve days of application after examination of the male bovine and related documents.

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

(6) A breeding soundness certifi cate shall be obtained from the appropriate authorities as may be identifi ed 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 identifi ed 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 certifi cate shall be produced when demanded by identifi ed authorities.

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

(9) The person identifi ed 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 fi tness and compliance with this Act.

(10) The male bovine declared unfi t 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 13. If a registration or recognition certifi cate issued under this Act is defaced, lost or destroyed, the Authority may, if satisfi ed, grant a duplicate registration or recognition certifi cate registration certifi cate.

to the applicant on payment of such fee not exceeding,—

(i) one thousand rupees for duplicate registration certifi cate of semen stations, AI service providers and AI technicians;

(ii) one thousand rupees for duplicate recognition certifi cation of AI Training Institutes; and

(iii) fi fty rupees for duplicate registration certifi cate of bull, as may be prescribed.

Revocation of 14. If the Authority is satisfi ed, either on a reference made to it in this behalf or on enquiry report or otherwise that—

certifi cate of registration and recognition.

(i) the certifi cate 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 certifi cate of registration or recognition has, without reasonable cause, failed to comply with the conditions subject to which the certifi cate 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 certifi cate may be liable under this Act, the Authority may, after giving the holder of the certifi cate of registration or recognition an opportunity to show cause,—

(a) revoke the certifi cate of registration or recognition by giving reasons for such revocation; or

(b) suspend the certifi cate of registration or recognition till the holder of the certifi cate 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 certifi cate of registration or recognition; or

(d) take undertaking from the holder of the certifi cate 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 certifi cate of registration or recognition or revoking or suspending the certifi cate of registration or recognition under the provisions of this Act, may prefer an appeal before the Appellate Authority as may be specifi ed 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 satisfi ed that the appellant was prevented by suffi cient cause from fi ling 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 certifi cate or the order of revoking or suspending the certifi cate 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

16. (1) The Authority or any offi cer 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 inspect, search and seizure.

inspection and enquiry, may

(a) enter, inspect and cause or conduct search of any place of business or premises of the semen station or artifi cial 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 certifi cate 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 certifi ed for semen production or make such other enquiry as may be required, take statements of the holder of the certifi cate of registration or recognition and other persons working in such premises and to check the records thereof.

(2) The provisions of the Code of Criminal Procedure, 1973 relating to search Central Act 2 of 1974.

and seizure shall, so far as may be, apply to searches and seizures made under sub-section (1). (3) Every person who holds the certifi cate of registration for semen station or AI service provider or a certifi cate 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 certifi cate 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 qualifi cation and experience of all those AI technicians, registered with them. The register so maintained and the application and supporting documents of the experience and qualifi cation 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 certifi cate 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 certifi cate 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 certifi cate 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 Power to give directions.

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 offi cer and such person or offi cer 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.

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.

Power to make application to courts for restraining bovine breeding activities in contravention of this Act. (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 fi t.

Penalties.

20. (1) Whoever carries out the production of frozen semen at any premises, place or centre or semen station or provides artifi cial insemination services without holding a valid registration certifi cate or hold a expired registration certifi cate or carry on production activity of frozen semen from other than the certifi ed bulls or contravenes with any of the provisions of this Act, shall be liable to pay a fi ne which may extend to fi fty thousand rupees.

(2) Whoever has been granted a certifi cate 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 fi ne which may extend to one lakh rupees.

(3) Whoever fails to comply with any direction given within such time as may be specifi ed 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 fi ne which may extend upto fi fty thousand rupees or both. The penalties or fi ne 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 certifi cate of registration or recognition, be liable for a simple imprisonment upto six months or liable to pay additional fi ne 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 fi ne which may extend up to fi fty 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 fi ne which may extend upto fi fty thousand rupees or for a simple imprisonment upto six months or both.

Offences by 21. (1) Where an offence under this Act has been committed by a company, every

companies.

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 offi cer of the company, such director, manager, secretary or other offi cer 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 fi rm or other association of individuals; and

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

22. (1) No court shall take cognizance of any offence under this Act except on a Cognizance of offences.

complaint made by the Authority or any offi cer 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 offi cer authorised in this behalf by the Authority, by notifi cation.

CHAPTER – V.

MISCELLANEOUS.

Report of

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 recognized laboratory.

Act.

Local

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 authorities to assist.

available for inspection and examination, such records or documents as may be necessary.

25. The Authority shall furnish to the Government in such manner as may be prescribed Returns and reports.

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

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.

jurisdiction of Civil Courts.

Protection of

27. No suit, prosecution or other legal proceedings shall lie against the Authority, any offi cer or employee of the Authority in respect of anything which is in good faith done or action taken in good faith.

intended to be done in pursuance of this Act or any rule or order made thereunder.

28. (1) The Government may, by notifi cation, direct that all or any of the powers Delegation of 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 specifi ed in the notifi cation.

(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.

Central Act XLV 29. Any member or offi cer of the Authority empowered by the Government, while

of 1860.

exercising any power or performing any duty under this Act shall be deemed to be a public Certain persons to be public servants.

servant within the meaning of section 21 of the Indian Penal Code.

Power to 30. If any diffi culty 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 remove diffi culties.

provisions not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of removing the said diffi culty:

Provided 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 31. (1) The Government may, by notifi cation, make rules for carrying out all or any of the

make rules.

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 notifi cations 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, notifi cation 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 modifi cation in any such rule, notifi cation or order or the Legislative Assembly decides that the rule, notifi cation or order should not be made or issued, the rule, notifi cation or order shall thereafter have effect only in such modifi ed form or be of no effect, as the case may be, so, however, that any such modifi cation or annulment shall be without prejudice to the validity of anything previously done under that rule, notifi cation or order.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (FAC), Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 30th July 2019 and is hereby published for general

information:—

ACT No. 32 OF 2019.

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

B(cid:3469) 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

commencement.

(Amendment) Act, 2019.

(2) It shall come into force at once.

Tamil Nadu Act 13 of

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

1974.

Schedule.

1974 (hereinafter referred to as the Principal Act), in class 2, after paragraph I-A, the

following paragraph shall be inserted, namely:-

4,000.00 per single berth.

"I-B. (a) Omni Bus with berth for passengers to sleep while travelling.

4,000.00 per single berth.

3,000.00 per single seat.".

(b) Omni Bus with berth for passengers to sleep while travelling and with seat.

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

Schedule.

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---

Central Act 59 of

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

1988.

period not exceeding 7 days.

1000.00 per single berth

per entry.

2000.00 per seat or

(ii) If the temporary licence is for

2500.00 per single berth.

a period exceeding 7 days but not

Per entry.

exceeding 30 days.

5000.00 per seat or

(iii) If the temporary licence is for

5500.00 per single berth

a period exceeding 30 days but not

per entry.".

exceeding 90 days.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (FAC), Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 30th July 2019 and is hereby published for general

information:—

ACT No. 33 OF 2019.

An Act further to amend the Tamil Nadu Clinical Establishments (Regulation)

Act, 1997.

B(cid:3469) 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 Clinical Establishments

commencement.

(Regulation) Amendment Act, 2019.

(2) It shall be deemed to have come into force on the 31(cid:3483)t day of May 2019.

Tamil Nadu Act

Amendment of 2. In section 3 of the Tamil Nadu Clinical Establishments (Regulation) Act,

4 of 1997.

section 3. 1997,—

(1) in sub-section (1),—

(i) in the fi rst proviso, for the expression "nine months", the expression

"fi fteen months" shall be substituted;

(ii) in the second proviso, for the expression "twelve months", the

expression "eighteen months" shall be substituted;

(2) to sub-section (2), the following proviso shall be added, namely:—

"Provided that no fee shall be collected from the clinical establishments

established and administered or maintained by the State Government or Central

Government or any Departments of the State Government or Central Government or

a company owned or controlled by the State Government or Central Government or

a local authority.".

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (FAC), Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU