DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Animals and Birds in Urban Areas (Control and Regulation) Act, 1997
Act 46 of 1997
Keyword(s):
Animal, Bird, Prohibited Area, Urban Area
Amendment appended: 33 of 1999
1
269 TAMIL NADU GOVERNMENT GAZB'I'T'E EXTRAORDINARY
-- The following Act of the Tamil Nadu ~egislative Assembly received the assent of the President on the 11 th August 1997 and is hereby published for general information : -
ACT No. 46 OF 1997.
I An Act te provide in the public interest, for licetuing and regulating or prohibiting t!:2 keeplirg of animals and birdr in urban areas in rhe State of Tamil Nadu. WHEREAS, it is ue&essary to ensure maintenance of public health and anitation, which is endangeied due to keeping of a large number of milch cattle
ancl other animals in urbaa areas ; AND WHEREAS, it is exment , in the public interest, to provide for licensing aad regulating or prohibiting keeping and movem::nt of animals and birds in urban arcas in the State of Tamil Nadu and for matters connected therewith or incidental thereto .
BE it enacted by the Legislative ~ssembly of ths State of Tatnil Nadu in the Forty-eighth Year of the Republic of India as follows :-
Short title, 1. (1) This Act may be called the Tamil Nadu Animals and Birds in Urban
acgtmt and com- Areas (C-trol and Regulation) Act, 1997. - xnummt a
(2) It extends to the whoia of the State of Tamil Nadu.
(8) "Inspector" means any officer appointed by the Licensitig Officer as Inspector for the purposes of this Act in respect of any urban area in which this Act is m force ;
(3) It shall come iato fom-
(a) at Once in the City of Chennai; and
ib) 10 other urban arcas on such date as r l~e Government say , by nocibaiion, eppolnt, and different drtes may 5e appointed for different urban areas and any
reference in this Act to the commencement of this Act shall, in relation to aa urban area, be construed as a reference to tne coming into force of this Act in that urbm
area. Dadaitions. 2. In this Act, unless the context, otherwise requires,-
(a) "animal" means any animal specified in the Schedule;
(b) "appellate authority" means an ofher of the Govcmment or of a local authority appointed by the Government, by notillcation as the appellate authority, for any urban area in which this Act is in force ;
(c) "bird" moans any bird specified in the Schedule ;
(d) "Governinent" means the State Government ;
(f) "licence" mt ans a licence granted under this Act ;
( 9 ) "Licensing Officer" means one or more officers of the Government not
below the rank of Class B officer, or an &cer of a local authority not below the
rank of Class 11 officer, appointed by the Government, by notikation, as the Licensing oficer or oflicers for the purposes of this Act in respect of any ubran
xrca in which this Act is in force ;
(A) "prohibited aka" means the area declared and uotled u.tdet
-:tion 8 to he a pro!ibittd area ;
(i) "urban area'' means-
(A) the area within the limits of thc City of C h d ; and
t& alrv area witbin the limits of any other Municipal Corporationsr any Municipality or Town hnchayat or industrial Township constituted under any law
for the time being fn force which is declared by the Government by notificatian to be
2
-- --
A --
E'AMII; NA DU GOVERNMENT GAZETTE EXTRAORDINARY -- a63 ---
an urban area for the pumpose of this Act and such area contiguous thererte, as may be declared by the Government, by notification, to be a part of the same urban area for the pruposes of this Act :
Pro~ided that no area within the limits of any contonrnent constituted under the Cantonments Act, 1924 shall be declared to be an uiban area for the purposes of this Act.
3 . N o person shall keep or cause to be kept or permit. the keeping of Animal or Mpd
animal or bird, as maj be specified by the Government m this behalf, by not to be ksp4
notification (hereinafter referred to as :the notified animal or bird), in any urban fn urbanareas area, after the expiry of a period of three months from the date oi such notification without
except under, and in accordance with the conditions of, a licence granted to him l imce under this Act.
4. (1) Any person intending to obtain or renew a licence shall apply to the G m t and r a e
Licensing Officer i n such form, in such manner and on payment of such fee, as wal of liace,
may be prescribed.
(2) On receipt of an application under sub-section (I), the Licensing Officer may, either grant or renew the licence or for reasons to be recorded in writing, by order, refuse to grant or renew the licence :
Provided. that the Licensinq OfEcer shall before passing an or6 er refusing to grant or renew the licence, give the person concerned, a reasonable opportunity of
being heard.
(3) In granting or renewing or refusing to gr,ant or, renew a licence, the
Licensing Officer shall have regard to the following matters, namely:-
(a) the number of notiiied animals or birds kept in the area for which Iiwncu
has ahead y been granted where the animals or bird s are intended to be kept;
(b) the suitability 01 the premises and its neighbourhood in which tht notilid
animals or bird 9 are proposed to be kept ;
(c) the suitability from the public health point of view and in partieulas,
of the stable or shed and the arrangements in the stable or shed for supply of wab
for d rillking, washing, cleaning, disposal of waste and other sanitary arrangcmonts;
(d) the arrangemeats for proper raring of calves or young birds ;
(e) the arrangements for maintenance of notified animal or bird during d ry period ; and 'r
(f) such other matters as may be prescribed.
(4) The licence s h ~ 11 be in such form and be valid (for such period a d shall be subject to such terms and conditions as may be prescribed.
5. where the Licensing Officer has reason to believe that any person to Powcrlto whom a licence has been gr:anted has contravened any of th aprovlslons of thls Act or $wand ot
the rules macle thereunder or failed to comlpy with any of the terms and conditions canal ?::
of the liceace, he may, after giving the persm lconcefned a reasonable opportunity licences. to show cause and for reai,ons to be recorded in wiitlng, by ord er, suspend or cancel the hce~l ce.
6. (1) Tf any person 1s aggrieved by an order of the ~icensing officer,- Appesl, { 1 r~ f ~ ~ s i n g to grant or renew a licence und er scL.'-n 4 or, , .usrend inp or c=celling a licence und er section 5,
he ; I; y appeal against such order, to the appellate authority in suoh form, in such
n;ai r e ! r 1 oa payment of such fee a3 may be prescribed.
(2) Every appeal id er sub-sectlon (1) ska 11 be mad e within thirty days from the d ate on which the appellant receives intimation of the o d er aeanst whlch the appeal is r rererred :
~ t s ~ p J IT-2 EX. (418 1 -lA
I
3
lors of snsing
iCCT and
ellate hority
E final.
lhibited a for
P .pa or n@"l
mals and ds.
lower to enter ipSPect
rlemiws.
TAMIL NADU GOVERNMENT GAZETTB EXTRAORDINARY
----. - - - ----5 - -- I- - Provided that the appellate authority may entertain any appeal after the expiry of the said period of thirty days,ifit is satisfled that the appellant had sufficient cause for not preferring the appeal in time.
(3) On receik: ot any such appeal, the appellate authority may, atter making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such orders as it deems fit.
(4) Where an appeal is preferred under sub-section (I), the appellate authority
may stay the enforcement of the order of the Licensing Officer for such period and on such conditions, as it deems fit.
7. Every order made by the Licens~ng Officer subject to an appeal to the appellate authority and every order mnda by the appellate authority on any such appeal, shall be iinal and shall not be called in question in any suit or other proceedings; and no stay or injunction shall be granted by any oourt, tribunal or other authority in respect of any order made or to be made or any action taken or to be taken by the Licensing Officer or the appellate authority in the exercise of the powers conterred on them by, or under, this Act.
8. (I) Notwithstanding anything contained in the foregoing provisions ot this Act, the Government may, at any time, declare, by notillcation, the whole or part of an urban arm, to be a. prohibited area, if it deems flt so to do in the public interest.
(2) On and after thidate of such declaration,-
(a) no licence shall be granted in the prohibited area and every licence alreaay granted and in force in the prohibited area shall stand cancelled on the expiry of six months from the said date or on the expiry of the remaining period of the lioence,
whichever is earlier ; and the person concerned shall remove trom the prohibited area all his notified animals and birds, within the said period of six months or tho said remaining period, as the cs se may be ; and
(b) no notifled animal or bird shall be ' brought into or kept in the pxohibibd area :
Provided that any notifled animal or bud may be-
(i) allowed to pass through the prohibited area in the course of their journey to-any outside area ; or
(ii) brought into the prohibited area for such other purposes as may be prescribed, in accordance with tbe permit granted by the Licensir.g OBcer in such form and in such manner and subject to such conditions as may be prescribed.
(3) Notwithstanding allything contained in sub-sections (1) and (2), the Government may, at any time, in the public interest, by notiflcation, rescind any notification issued under sub-section (1), in respect of the whole or any part of the area specified in that notiflcation and may, at any time by like notification issued under sub-section(l), redeclare that area or part thereof as a prohibited area from a
date specifled in such subsequent notification.
9. Any Inspector or Licensing Officer or the appellate authority, or any other
Officer authorised by the .Government may, at all reasonable times, enter and inspect
any stable, shed or other premises where the notified znimal or bird is kept or Intended to be keptr
(a) in order to satisfy as to the arrangements msde for the keeping of such animal or bird in respect of which an applicatioa for grant or renewal of a licence has been made or licence has been granted ; or
(b) in order to ascertain whether any notified animal or bird, is being kept without a licence or otherwise kept in contravention of the provisions nf this Act ~r the rules made thereunder or of' the terms and conditions of auy licence.
4
-.-.
MENT GAZETTE EXTRAORDINARY
1 19. (1) (a) The Licensing Officer, or Inspectar, may sei- -
(i) any notified animal or bird found straying or cb:"@sd in any pubtia place in a n urban area on in a prohibited area :
(ii) any notitied animal or bird found to be kept without a valid licence or in violation of the terms aid conditions of a licence in an urban area ; or
(jji) any notified animal or bird found to be kept in a prohibited area ; and confine such animal or bird in any pound maintained by the local authority concerned.
(b) Any Police Officer not below the rank of a Sub-Inspector may seize any notified aliimal or bird founc: straying in an urbarl area and confine such animal or
bird in any pound mair,tained by the local authority concerned.
(2) If any notified a limal or bird for which licence has been obtained by an ewner and found straying in an urban a r q i s seized under sub-section (I), the owner may red eem the animal or bird within a period of forty-eight hours after its seizure ~ J I
paying to the local authority, sucl~ fine and such feeding and maintenance char~es as may be prescribed.
(3). If any notified animal or bird, in respect of which no licerice has been c,btaineti, fou!~!~ stra yil:g or Found to be kept in an urban area is seized under sub- section (I), the owner may, withi? a period of forty-eight hours of such seizure, apply for and obtain a vahd licence in respect of such animal or bird and redeem it after paying to the local authority, such fine and such feeding end maintenance charges as may be prescribed :
Provided that the fine to be prescribed under this sub-section (1) or sub-section @) shall not exceetl one-fourth of the cost of the animal or bird seized.
(4) Subject to the lxovisions of sub-sections (2) and (3), any notified animal or bird which is seized md er sub-section (1) shall be publicly sold and the proceedis of such sale shall be credited to the fund of the local authority concerned :
Provided that in the case of an animal or bird referred to in sub-section (2) or =b-section (3) the: proceeds of such sale shall be paid to the owner of the animal or bird, after deducting the h e and .the feed ing and maintenance charges referred to in sub-section (2) or in sub-sect1on~3)~ as the case may be, and if the owner
of such animal or bird fails to clatm such proceeds with~n a period of three months after such sale, the entire amount shall be credited to the fund of the local authority concerned.
11. NO court shall take cognizance of any oflence punishable under this ~ c t
exce~>t on a complaint in writing made by the Licensing Offiw :
Provided that where any animal or bird has been seized unc!er clause (b) oi
sub-sectio~(1) of section.10 by a pohce officer, the court may take cognizance of the
oflence on a complaint In writing directly made by such police officer :
Provided further that no complaint shall be a.ed in cases where a penalty has been collected under sub-section (2) or sub-section (3) of section 10 or wherea
notified animal or bird has been sold under sub-section (4) of section 10, in relation to any offence committed for the first time.
I 12. Any person, who-
(a) contravenes the provisions of section 3; or
(b) keeps or bnngs any notified animal or bird in any area or part thereof declared to be a prohibited area or fails to remove the said animal or bird as required
bg subsection (21 of section 8; or
S-e of stray
;tfmals or Wrds and
anInrals and
birds kept without
licence.
Cognbanas of off enoe, 081- and P d t l e s .
5
Power to tty &mca
-ye
Protection of action taka m good faith.
Exemption.
(c) oontravenes any of the provision in clause (a) of .,,sub-section (2) of section 19 or the rules made thereunde~,
shall, on conviction be punishable with impliso~l ncnt !'or a tcsin which may extend to three years 'or with fine whioh may ext:nd to fivo thousand mpees or with both:
Provided that in the absence of special and adcquate reasons to the
contrary to be recorded in the judgment of the Court, Lht: ill~prisonment shall not be less than three ~nonths or the fine shall not be less than two thousand rupees.
13. (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
res onsible to, the company for the conduct of the business of the company, as well
as ?i e company, shall be deemed to be guilty of the offence and shall be liable to be broceeded against and punished accordingly :
Provided that nothing ccntained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) '~otwithstandin~ anything contained in sub-section (1)) where any 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 be deemed to be guilty of that offence and shall be liable to be nroceeded against and p~nished~accordingly. Explanation.-For the purposes of this section,-
(a) "Company" means any body oorporate and includes a firm, soaety or other association of individuals; and
(b) "director" in relation to-
(i) a "W' means a partner in the firm,
(ii) a "society or other association of individuals," means the person who
entrusted under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may bc.
14. (1) The provisions of this Act shall have effect, notw, thstanding anfihing inconsistent therewith contained in any other law for the time being in force.
(2) Save as otherwise provided in sub-section (I), the provisions of this Act shall be in addition to and not in derogation of, any otl.er Act ".
15. Any Magistrate empowered for the tine being to try in a summary way the 0-
offences specified in sub-section(1) of section 260 of the Code of Criminal Procedure, 2 of 191
1973, may on application in this behalf made FV nrosecution, try in accordance with the provisions contained in sections 262 to 265 of the said ,ode, a+ly orf~nce punishable unaer this Act.
16. No suit, yrosecutic n or other legal proceedings !;hall lie against the Govern- ment or any officer of the Govxnment or any local authority appointed under this Act, for anything which is in good faith done or intended to be done under this Act.
17. (1) Nothing in this Act shall apply to any notified animal or bird hrought>!or kept for educational or resesrch pwposes in any prclhibited area:
. . or birds 5m 2.2 or q- or"frif prc*&oI' & -A*;: rrr -& fr* =&= -,
subject to such conditions as may be specified in thzt !=half. and mz> zr zriy timt
by ]fire order. suspend, modify or cancel such exemntion.
6
TAMIL NADU GOVERNMENT GAZETI'E EXTRAORDINARY
- -
267
18. If any S c u l t y arises in giving effect to the provisions of this Aot, the P o w to Government may, by an order published in the Tamil N a d ~ Government Gazette remow
make such provisions not inconsistent with the provisions of this Act, as appear to diBBcultlcs.
them to be necessary or expedient for removing the difficulty : -- Provided that no such order shall be made in relationj to any) urban iarea after the expiry of a period of three years from the date of commencement of this Act.
19. (1) The Government may make rules for carrying out all or any of the POW to
purposes of this Act. make d o a
(2) In particular, and witl~out prejudice to t h ~ generality of the foregoing power. such rules may provide for all or any of the toll )wing matters, namely:-
(a) the form in which, the terms and conditions subject to which and the period for which, a licence under section 4 may be granted ;
(b) the fee to be paid in respect of any application for grant or renewal d
licence and for appeal under this Act ;
(c) the fine and the feeding charges to be paid by the owner for redeeming the seized animals or birds under section 10 ; and
(d) any other matter which is required to be or may be prescribed under this Act.
(3) (a) All rilles made ander this Act shall be published in the Tamil ENadu Government Gazette and uniess they are expressed to come into force on a particular day, shall come into force on the date on which they are published.
(b) All notifications issued under this Act shall, unless they are expressed to comeinto force on aparticular day, shall come into force on the date on which they are published.
(4) Every rule made o . notification issued under this Act and every order made under section 18 sl~all, as soo:~ as possible after it is made or issued, be placed on the table of the Lcgslative Assembly, and :f, before thc expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any suchrule, notification or order or the Assembly decides that the. rule,notification or order should not be made or issued, the ru e, notiricatio? 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 prev~ously done under that rule, notification or order.
THE SCHEDULE.
[S?e clauses (a) and (c) of secti~n '1
I. Animals :
1. Cattle
2. Buffaloes
3. Goats
4. S h e e ~
51 pigs *
6. Rabbits and hares
7. Horses, donkeys, mules and pQnr:s
8. Dogs and Cats other than peta
9. Any dornesticatetl wild animai I1 Birds j
1. Poultry
2. Turkeys
3. Pigeons
4. ~ u a i l s
5 . Any domesticatecl wild bird iRy order of the Governor) A.K. RAJAN"
Seoretary to Ciovcr~rnenk
Law Department<
7
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - T l ~ c following Act 01 the Tamil Nadu Legislative Assembly received the asseni of tllc Gofcrnor on the 17111 June 1999 and is hereby published for general information:-
ACT No. 33 OF 1999. I
'417 .4cl to oi~rmd the ?until Nadu Aniirto1.s rrnd Birth in Urban ,-4reo.v ((-To~trol nnrl Regulation) Act, 1997.
BE it enacted by the Legislative Assen~bly of the State of Tamil Nadu in the Fiftieth Year of the Republic of India as follows:-
1 . (1) This Act may be called the Tamil Nadu Animals and Birds in Urban Areas (Control and Regulation) Amendment Act, 1999.
(2) It shall' come into force at one. 2, In section 8 of the Tamil Nadu Animals and Birds in Urban Areas (Control and Reguli~tioo) Act, 1997, in sub-section (2). in clduse (a), for the words -'six months"
occurring in two places, the words "nine n~onths" shall be substituted
Short title end cclnlnlence- n~ent,
Amendment of section 8.
(By order of thc Governor)
K, PARTHASARATHY,
Secreturv to Gover~~ttent , Law Deparbllenr.
8