No. 319]

CHENNAI, WEDNESDAY, JULY 31, 2019

Aadi 15, Vikari, Thiruvalluvar Aandu–2050

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. 6.40 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[ 159 ]

319-Ex-IV-2—1

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

CONTENTS

160

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, artiﬁ cial insemination services in bovines for improving

the productivity of bovines in the State and for matters connected therewith.

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

Year of the Republic of India as follows:—

CHAPTER – I.

PRELIMINARY.

Short title and

commence-

ment.

1. (1) This Act may be called the Tamil Nadu Bovine Breeding Act, 2019.

(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;

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 diﬀ erent breeds of cow, bull, bullock and

buﬀ alo in diﬀ erent 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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

161

(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

of 1984.

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

registered under the Veterinary Council Act, 1984;

(p) “semen station” means premises, where a facility is setup for production,

processing and storage of bovine frozen semen;

(q) “semen bank” means premises, where a facility is setup for storage and distribution

of bovine frozen semen;

(r) “State” means the State of Tamil Nadu.

CHAPTER – II.

APPOINTMENT AND FUNCTIONS OF THE AUTHORITY.

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

to exercise the powers conferred on, and perform the functions assigned to, it under this Act.

Appointment of

Authority.

(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;

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 buﬀ alo 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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(k) advise the Government on instituting an incentive mechanism for rearers of

indigenous bovine breeds;

(l) exercise such other powers and perform such other activities and functions

as may be prescribed by the Government, from time to time;

(4) The Authority, while discharging the functions under this Act, shall be bound by

such directions as may be given by the Government.

Power to obtain

information.

4. (1) The Authority in order to perform the functions conferred on it by or

under this Act, or any 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

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

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.

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 certiﬁ cate from the Authority.

(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.

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163

(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.

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 qualiﬁ cation 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

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,

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

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 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.

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:

Renewal.

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

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 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.

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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

165

(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 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

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

Duplicate

registration

certiﬁ cate.

(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.

14. If the Authority is satisﬁ ed, either on a reference made to it in this behalf or on

enquiry report or otherwise that—

Revocation of

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

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.

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.

Appeal.

(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 eﬀ ect until the appeal is disposed oﬀ .

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER – IV.

POWER TO INSPECT, SEARCH AND MAINTENANCE OF RECORDS.

Power to

inspect,

search and

seizure.

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

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

and seizure shall, so far as may be, apply to searches and seizures made under sub-section (1).

Central Act 2

of 1974.

(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.

Maintenance of

records and

submission of

returns.

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.

(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.

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167

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 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—

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.

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.

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.

Penalties.

(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 oﬀ ence and the oﬀ ender 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 oﬀ ence 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.

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

person who, at the time the oﬀ ence 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 oﬀ ence and shall be liable to be proceeded against and punished

accordingly:

Oﬀ ences by

companies.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 oﬀ ence was committed without

his knowledge for that he had exercised all due diligence to prevent the commission of such

oﬀ ence.

(2) Notwithstanding anything contained in sub-section (1), where an oﬀ ence

under this Act has been committed by a company and it is proved that the oﬀ ence 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 oﬀ ence 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.

Cognizance of

oﬀ ences.

22. (1) No court shall take cognizance of any oﬀ ence under this Act except on a

complaint made by the Authority or any oﬃ cer authorised in this behalf by it.

(2) No prosecution for oﬀ ences 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

recognized

laboratory.

23. Any document purporting to be a report signed and issued by a recognized

laboratory may be used as evidence of the facts stated therein in any proceedings under this

Act.

Local

authorities to

assist.

24. All local authorities shall render such help and assistance and furnish such

information to the Authority as it may require for the discharge of its functions and shall make

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

Returns and

reports.

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

such reports, returns, statistics, and other information with respect to its funds or activities as

the Government may, from time to time, require.

Bar of

jurisdiction of

Civil Courts.

26. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which an Appellate Authority constituted under this Act is empowered.

Protection of

action taken

in good faith.

27. No suit, prosecution or other legal proceedings shall lie against the Authority, any

oﬃ cer or employee of the Authority in respect of anything which is in good faith done or

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

Delegation of

powers.

28. (1) The Government may, by notiﬁ cation, 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 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.

Certain persons

to be public

servants.

29. Any member or oﬃ cer 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

169

30. If any diﬃ culty arises in giving eﬀ ect 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 diﬃ culty:

Power to

remove

diﬃ culties.

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.

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

purposes of this Act.

Power to

make rules.

(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 eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect,

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

171

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.

Bඍ 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.

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

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

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

5500.00 per single berth

per entry.”.

Amendment of Ninth

Schedule.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (FAC),

Law Department.

Central Act 59 of

1988.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

173

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.

Bඍ 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 Clinical Establishments

(Regulation) Amendment Act, 2019.

Short title and

commencement.

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

Tamil Nadu Act

4 of 1997.

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

1997,—

Amendment of

section 3.

(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