The Tamil Nadu Bovine Breeding Act, 2019
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU BOVINE BREEDING ACT, 2019
(ACT NO. 31 OF 2019)
Arrangement of section
CHAPTER-I
Preliminary
1. Short title and commencement.
2. Definitions
CHAPTER-II
Appointment and Functions of the Authority
3. Appointment of Authority.
4. Power to obtain information.
CHAPTER-III
Certification of Bulls, Registration of Semen Stations and AI Service Providers.
5. Certification of bulls and registration of semen stations.
6. Registration of AI service provider.
7. Registration of AI technicians.
8. Recognition of AI training institutes.
9. Renewal.
10. Regulation of sale of semen.
11. Exemptions
12. Regulations for bovine breeding through natural service.
13. Duplicate registration certificate.
14. Revocation of certificate of registration and recognition.
15. Appeal.
CHAPTER-IV
Power to Inspect, Search and Maintenance of Records
16. Power to inspect, search and seizure.
17. Maintenance of records and submission of returns.
18. Power to give directions.
19. Power to make application to courts for restraining bovine breeding activities in
contravention of this Act.
20. Penalties.
21. Offences by companies.
22. Cognizance of offences.
CHAPTER-V
Miscellaneous
23. Report of recognized laboratory.
24. Local authorities to assist.
25. Returns and reports.
26. Bar of jurisdiction of Civil Courts.
27. Protection of action taken in good faith.
28. Delegation of powers.
29. Certain persons to be public servants.
30. Power to remove difficulties.
31. Power to make rules.
THE TAMIL NADU BOVINE BREEDING ACT, 2019
(ACT NO. 31 OF 2019)
[30th July 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.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year
of the Republic of India as follows: β
CHAPTER-I
PRELIMINARY
1. Short title and commencement. β (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 notification,
appoint.
2. Definitions. βIn this Act, unless the context otherwise requires, β
(a) "artificial insemination" or "AI" means the process of depositing bovine semen in the
body of the uterus of a mature bovine female with the intention of making it pregnant;
(b) "AI technician" means a person who possesses requisite qualification, skill and
experience to perform artificial insemination in bovines, as may be prescribed;
(c) "AI service provider" means any person including a Firm, Limited Liability Partnership,
Company, Producer Company, Institution, Non -Governmental Organisation, Breeders'
Association, Trust, Department of Central or State Government, Co -operative Society,
Livestock Development Board or any Agency, Agriculture or Veterinary University who
undertakes AI service in bovines;
(d) "appellate authority" means the appellate authority specified under section 15;
(e) "Authority" means the bovine breeding Authority appointed under section 3;
(f) "bovine" means and includes cow, bull, bullock and buffalo;
(g) "bovine breeding" means breeding activities in bovines that include the use of b ovine
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, notified by the Government, from
time to time, for maintaining and developing different breeds of cow, bull, bullock and
buffalo in different agro-climatic zones of the State;
(i) "certified bull" means a bovine bull meeting the prescribed standard for semen
production and is included as certified bull, in the certificate of registration of a semen
station or any bovine bull certified to be of prescribed standard for semen production by
the Authority, from time to time;
(j) "Government" means the State Government;
(k) "natural service" means use of breedabl e healthy bulls for making female bovines
pregnant by natural mating;
(l) "premises" means any land area, yard, building, or vessel or vehicle or any other
location that is used for bovine frozen semen production and for providing bovine AI
service;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "prescribed standards" means the standards prescribed by the Authority, from time to
time, and to be adhered to by those seeking a certification of registration, namely: β
(i) semen stations int ending to use bovine bulls for frozen semen production in
accordance with the methods and parameters as may be prescribed;
(ii) semen stations intending to produce, process, store and distribute bovine frozen
semen in accordance with the procedures and parameters as may be prescribed;
and
(iii) AI service provider intending to provide AI services in accordance with the
procedures and parameters as may be prescribed;
(o) "registered veterinary practitioner" means a graduate in veterinary science registered
under the Veterinary Council Act, 1984 (Central Act 52 of 1984);
(p) "semen station" means premises, where a facility is setup for production, processing
and storage of bovine frozen semen;
(q) "semen bank" means premises, where a facility is se tup for storage and distribution of
bovine frozen semen;
(r) "State" means the State of Tamil Nadu.
CHAPTER-II
APPOINTMENT AND FUNCTIONS OF THE AUTHORITY
3. Appointment of Authority. β (1) The Government shall, by notification, appoint the
Bovine Breeding Authority to exercise the powers conferred on, and perform the functions
assigned to, it under this Act.
(2) The Authority shall appoint a team of experts having relevant profession al experience
of not less than ten years in the field of animal breeding or husbandry in any veterinary
institution of repute, for the purpose of conducting inquiry or inspection of AI service
providers, AI training institutes and to perform such other functions, under this Act.
(3) The Authority shall perform the following functions, namely: β
(a) appoint such number of officers and employees as it may consider necessary for
the efficient performance of its functions;
(b) register and renew the registra tion 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 se rvice 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, prese rvation and propagation of indigenous breeds of cow, bull,
bullock or buffalo in particular;
(j) plan and cause to be executed, inter -alia, a programme for community based
conservation of indigenous breeds, field performance recording in the home tract of
bovine and establishment of breeder societies for indigenous bovine breeds;
(k) advise the Government on instituting an incentive mechanism for rearers of
indigenous bovine breeds;
(l) exercise such other powers and perform such other activities and functions as may
be prescribed by the Government, from time to time;
(4) The Authority, while discharging the functions under this Act, shall be bound by such
directions as may be given by the Government.
4. Power to obtain information. β (1) The Autho rity in order to perform the functions
conferred on it by or under this Act, or any officer empowered by it may take such steps as
may be necessary so as to obtain any information from any semen station, AI service
provider, AI training institute or AI technician.
(2) The Authority may give directions requiring any person in -charge of any establishment,
premises, where any activity relating to bovine breeding is carried out or who, in its opinion,
is contravening any of the provisions of this Act and the rules made thereunder, to furnish
such information in such form and in such manner, as may be prescribed.
CHAPTER-III
CERTIFICATION OF BULLS, REGISTRATION OF SEMEN STATIONS AND AI SERVICE
PROVIDERS.
5. Certification of bulls and registration of semen stations. β (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 Governme nt, Co -operative Society,
Livestock Development Board or Agency, shall establish and operate a semen station for
production of bovine frozen semen doses for AI without obtaining a certificate of registration
from the Authority.
(2) The existing semen st ations shall apply to the Authority for issue of registration
certificate for frozen semen production within three months from the date of commencement
of this Act.
(3) On and from the date of commencement of this Act, no semen station shall carry out
semen production from any bull other than those certified as of prescribed standard, for
semen production, by the Authority.
(4) Every application for registration of semen station shall be made to the Authority in
such form and in such manner, as may be prescribed and shall be accompanied with such
fee not exceeding one lakh rupees as may be prescribed.
(5) Every application for registration of bull shall be made to the Authority in such form and
in such manner, as may be prescribed and shall be accom panied 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 certific ate of
registration. Every registration shall be in such form and in such manner and subject to such
terms and conditions as may be prescribed and shall be valid for a period of three years
from the date of issue of the certificate of registration:
Provided that the Authority shall, before refusing to issue the certificate of
registration, give the applicant a reasonable opportunity of being heard.
6. Registration of AI service provider. β (1) On and from the date of commencement of
this Act, no AI service provider shall provide AI services without obtaining a registration
certificate from the Authority.
(2) The existing AI service providers shall apply to the Authority for issue of registration
certificate for providing AI services within three months f rom the date of commencement of
this Act.
(3) Every application for registration shall be made to the Authority in such form and in
such manner, as may be prescribed and shall be accompanied with such fee not exceeding
fifty thousand rupees as may be prescribed.
(4) On receipt of an application under sub-section (3), the Authority may, after making such
enquiry as it deems necessary, either issue or refuse to issue the certificate of registration.
Every certificate of registration shall be in such form and in such manner and subject to such
terms and conditions as may be prescribed and shall be valid for a period of three years
from the date of issue of certificate of registration:
Provided that the Authority shall, before refusing to issue the certi ficate of
registration, give the applicant a reasonable opportunity of being heard.
7. Registration of AI technicians. β (1) On and from the date of commencement of this
Act, no person shall act as AI technician and provide his services for any AI service provider
unless, he-
(a) possesses such qualification and experience as may be prescribed;
(b) has undergone training from any recognised AI Training Institutes as may be
prescribed; and
(c) is registered with a semen station or AI service provider.
(2) Every application for registration shall be made to the Authority in such form and in
such manner, as may be prescribed and shall be accompanied with such fee not exceeding
five hundred rupees as may be prescribed.
(3) On receipt of an application under sub-section (2), the Authority may, after making such
enquiry as it deems necessary, either issue or refuse to issue the certificate of registration.
Every certificate of registration shall be in such form and in such manner and subject to such
terms and conditions as may be prescribed:
Provided that the Authority shall, before refusing to issue the certificate of
registration, give the applicant a reasonable opportunity of being heard.
8. Recognition of AI training institutes. β (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 B oard 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 i n such manner, as may be prescribed and accompanied with
such fee not exceeding fifty thousand rupees as may be prescribed.
(3) On receipt of an application under sub-section (2), the Authority may, after making such
enquiry as it deems necessary, eithe r grant recognition or refuse to grant recognition. Every
recognition shall be in such form and in such manner and subject to such terms and
conditions as may be prescribed and shall be valid for a period of three years from the date
of issue of the certificate of recognition:
Provided that the Authority shall, before refusing to grant the certificate of
recognition, give the applicant a reasonable opportunity of being heard.
9. Renewal. β (1) Every application for renewal of the certificate of registration or
recognition, as the case may be, under this Act shall be made not less than three months
before the date of expiry of the period of such certificate of registration or recognition, as the
case may be:
Provided that the Authority may allow such applicat ion after the expiry of the
aforesaid period, if the Authority is satisfied that the applicant was prevented by sufficient
cause from applying for renewal in time.
(2) The provisions of this Act shall, as far as may be, apply in relation to the renewal of the
certificate of registration or recognition, as they apply in relation to the issue of certificate of
registration or grant of recognition.
10. Regulation of sale of semen.β (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.
11. Exemptions.β Any semen production facility set up by research institutes or Veterinary
Universities for the purpose of research and training shall be exempted from the obligation of
holding a registration certificate for semen station so far as such research institute s 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. Regulations for bovine breeding through natural service .β(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' bovin es shall register the
male bovine with the person identified by the Authority in such manner as may be
prescribed.
(3) The registration shall be for a period of two years and application shall be submitted for
renewal of the registration every two years.
(4) The person identified under sub -section (2) shall provide the certificate of registration
for the use of male bovine for natural service within forty five days of application after
examination of the male bovine and related documents.
(5) All male bovine intended for natural service shall be identified with ear tags as
approved by the National Dairy Development Board.
(6) A breeding soundness certificate shall be obtained from the appropriate authorities as
may be identified by the Authority before inducting the male bovine for natural service.
(7) The farmers shall ensure that the male bovine used for natural service are subjected to
periodical testing for diseases by the person identified or accredited by the Authority as that
of male bovine used for AI services that would be prescribed, from time to time. The disease
free certificate shall be produced when demanded by identified authorities.
(8) The farmers shall ensure that the male bovine used for natural service are subjected t o
periodical vaccination for diseases by the person identified or accredited by the Authority as
that of male bovine used for AI services that would be prescribed, from time to time. The
vaccination certificate shall be produced when demanded by the person identified by the
Authority.
(9) The person identified under sub -section (2) shall have power to enter the premise
where the male bovine for natural service are reared for examining the animals for their
breeding fitness and compliance with this Act.
(10) The male bovine declared unfit for breeding or infected with disease shall be
eliminated by the farmer in such manner as may be prescribed.
(11) The farmers shall maintain records of the male bovine used for natural service in such
form and in such manner, as may be prescribed.
(12) Any institution or individual desirous of using liquid semen of an indigenous bull for
breeding purposes on its or his own animals or animals owned by others, shall comply with
all procedure as may be prescribed.
13. Duplicate registration certificate. β If a registration or recognition certificate issued
under this Act is defaced, lost or destroyed, the Authority may, if satisfied, grant a duplicate
registration or recognition certificate to the applicant on payment of such fee not
exceeding,β
(i) one thousand rupees for duplicate registration certificate of semen stations, AI service
providers and AI technicians;
(ii) one thousand rupees for duplicate recognition certification of AI Training Institutes;
and
(iii) fifty rupees for duplicate registration certificate of bull, as may be prescribed.
14. Revocation of certificate of registration and recognition. β If the Authority is
satisfied, either on a reference made to it in this behalf or on enquiry report or otherwise
thatβ
(i) the cert ificate of registration or recognition granted by it under this Act, for semen
station, AI service provider, AI training institute or AI technician has been obtained by
misrepresentation or fraud; or
(ii) the holder of the certificate of registration or recognition has, without reasonable cause,
failed to comply with the conditions subject to which the certificate or recognition has been
granted or has contravened any of the provisions of this Act or rules made thereunder or
has not complied with such conditions as may be prescribed by the Authority, then without
prejudice to any other proceedings to which the holder of the certificate may be liable
under this Act, the Authority may, after giving the holder of the certificate of registratio n or
recognition an opportunity to show cause,-
(a) revoke the certificate of registration or recognition by giving reasons for such
revocation; or
(b) suspend the certificate of registration or recognition till the holder of the certificate
complies with all the required conditions to the satisfaction of the Authority; or
(c) impose such other conditions to be complied with, by the holder of certificate of
registration or recognition; or
(d) take undertaking from the holder of the certificate of registrati on or recognition, to
comply with the provisions of this Act and rules.
15. Appeal. β (1) Any person aggrieved by an order of the Authority refusing to grant or
renew a certificate of registration or recognition or revoking or suspending the certificate o f
registration or recognition under the provisions of this Act, may prefer an appeal before the
Appellate Authority as may be specified by the Government within thirty days from the date
on which the order is communicated to him.
(2) The Appellate Authority, may entertain the appeal after the expiry of period of the said
thirty days if the Authority is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.
(3) The Appellate Authority, after giving a reasonable opportunity of being heard to the
appellant, shall decide the appeal within three months or as expeditiously as possible.
(4) While pending disposal of an appeal, the Appellate Authority may direct that the order
refusing to grant or renew a certificate or the order of revoking or suspending the certificate
of registration or recognition shall not take effect until the appeal is disposed off.
CHAPTER-IV
POWER TO INSPECT, SEARCH AND MAINTENANCE OF RECORDS
16. Power to inspect, search and seizure.β (1) The Authority or any officer or member of
team of experts authorised by him in this behalf, with a view to securing compliance with the
terms and conditions of the registration or recognition and any provisions of this Act and
rules made thereunder, or for the purpose of inspection and enquiry, may
(a) enter, inspect and cause or conduct search of any place of business or premises of
the semen station or artificial insemination service provider or training institute in
which it has reason to believe that any activity in contravention of the provisions of
this Act and rules made thereunder is going on or there is any contravention of any of
the provisions of this Act or rules made thereunder or the holder of certificate is doing
activities in v iolation of the conditions of registration or recognition issued under this
Act;
(b) collect samples of semen, blood or any other material used in semen production or
AI services, from the premises of any semen station or AI service provider or training
institute and have such samples analysed by a laboratory authorized in that behalf by
the Authority and shall also seize any bulls therefrom which are not duly certified for
semen production or make such other enquiry as may be required, take statements of
the holder of the certificate of registration or recognition and other persons working in
such premises and to check the records thereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating
to search and seizure shall, so far as may be, apply to searches and seizures made under
sub-section (1).
(3) Every person who holds the certificate of registration for semen station or AI service
provider or a certificate of recognition for training institute under this Act, or an AI training
institute or AI service provider shall be bound by any direction or order issued by the
Authority, in pursuance of any of the provisions of this Act and shall comply with such
direction or order and any failure on his part to co mply with such direction or order shall be
deemed to be a contravention of this Act.
17. Maintenance of records and submission of returns. β (1) Every person who holds a
certificate of registration or recognition under this Act shall maintain such books, a ccounts
and records relating to his business in such form and in such manner, as may be prescribed.
(2) Every semen station and AI service provider shall maintain a register containing therein
the name, address, contact details and the qualification and experience of all those AI
technicians, registered with them. The register so maintained and the application and
supporting documents of the experience and qualification of the AI technicians shall be
made available for the inspection of the Authority. A list of all such AI technicians shall be
submitted along with the half yearly returns submitted by them to the Authority.
(3) Every person who holds a certificate of registration for a semen station shall submit to
the Authority a half yearly return in duplicate in respect of the semen station and with respect
to new bulls proposed for registration in such form and in such manner, as may be
prescribed.
(4) Every person who holds a certificate of registration as an AI service provider shall
submit to the Authority a half yearly return in duplicate in respect of number of AI technicians
engaged and number of inseminations carried out in such form and in such manner, as may
be prescribed.
(5) Every person who holds a certificate of recognition as an AI training institute shall
submit to the Authority, a half yearly return in duplicate giving a list of AI technicians trained
and name of the registered veterinary practitioner under whose supervision the training was
imparted in such form and in such manner, as may be prescribed.
18. Power to give directions .β Notwithstanding anything contained in any other law, but
subject to the provisions of this Act, and to any direction that the Government may give in
this behalf, the Authority, may in exercise of its power and performance of its functions under
this Act, issue any direction in writing to any person or officer and such person or officer shall
be bound to comply with such directions. The powers to issue directions under this section
include the power to directβ
(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. Power to make application to courts for restraining bovine breeding activities in
contravention of this Act. β(1) Where it is considered by the Authority that any person or
institution or service provider is engaged in the bovine breeding acti vity 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 o r service provider from carrying out
the said activity.
(2) On receipt of an application, the court may pass an order restraining any person or
institution or service provider to carry out the said activity or give such directions or pass
such order as it may deem fit.
20. Penalties.β (1) Whoever carries out the production of frozen semen at any premises,
place or centre or semen station or provides artificial insemination services without holding a
valid registration certificate or hold a expired registration certificate or carry on p roduction
activity of frozen semen from other than the certified bulls or contravenes with any of the
provisions of this Act, shall be liable to pay a fine which may extend to fifty thousand rupees.
(2) Whoever has been granted a certificate of registra tion as semen station or AI service
provider under this Act and has contravened any of the provisions of this Act or failed to
maintain the prescribed standards laid down in the Act, shall be liable to pay a fine which
may extend to one lakh rupees.
(3) Whoever fails to comply with any direction given within such time as may be specified
in the direction or fails to comply with any order issued or direction given by a court shall, in
respect of each such failure and on conviction, be liable for a simple imprisonment upto six
months or liable to pay additional fine which may extend upto fifty thousand rupees or both.
The penalties or fine so imposed, may be recovered from the person concerned, as an
arrear of land revenue or of public demand.
(4) Whosoever resorts to any sort of advertisement or publicity misrepresenting the facts
about the type and nature of services for which he has been granted the certificate of
registration or recognition, be liable for a simple imprisonment upto six months or liabl e to
pay additional fine which may extend upto two lakh rupees or both.
(5) Indiscriminate breeding of animals by any institution or individual, not advocated by the
Authority is an offence and the offender is liable to pay a fine which may extend up to fifty
thousand rupees.
(6) No institution or individual, other than the one explicitly permitted by the Authority to do
so, shall indulge in any kind of activity or research related to animal reproduction and such
unauthorised activity or research shal l be an offence and such institution or individual, on
conviction, is liable to pay a fine which may extend upto fifty thousand rupees or for a simple
imprisonment upto six months or both.
21. Offences by companies.β(1) Where an offence under this Act has been committed by
a company, every person who, at the time the offence was committed, was in-charge of, and
was responsible to, the company, for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub -section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge for that he had exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation. β For the purpose of this section,β
(a) "company" means any body corporate and includes a firm or other association of
individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
22. Cognizance of offences. β (1) No court shall take cognizance of any offence under
this Act except on a complaint made by the Authority or any officer authorised in this behalf
by it.
(2) No prosecution for offences punishable under this Act shall be instituted except with the
previous sanction of the Authority or an officer authorised in this behalf by the Authority, by
notification.
CHAPTER-V
MISCELLANEOUS
23. Report of recognized laboratory. β 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.
24. Local authorities to assist. β 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.
25. Returns and reports. β 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.
26. Bar of jurisdiction of Civil Courts. β 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.
27. Protection of action taken in good faith. β No suit, prosecution or other legal
proceedings shall lie against the Authority, any officer or employee of the Authority in respect
of anything which is in good faith done or intended to be done in pursuance of this Act or any
rule or order made thereunder.
28. Delegation of powers. β (1) The Government may, by notification, direct that all or any
of the powers exercisable by them under this Act, other than the powers conferred by this
section and sections 3, 30 and 31 may also be exercised by such person or persons as may
be specified in the notification.
(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.
29. Certain persons to be public servants. β Any member or officer of the Authority
empowered by the Government, while exercising any power or performing any duty under
this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (Central Act XLV of 1860).
30. Power to remove difficulties. β If any difficulty arises in giving effect to any provisions
of this Act, the Government may, by a general or a special order published in the Tamil Nadu
Government Gazette, make such provisions not inconsis tent with the provisions of this Act,
as may be necessary or expedient for the purpose of removing the said difficulty:
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. Po wer to make rules. β (1) The Government may, by notification, make rules for
carrying out all or any of the purposes of this Act.
(2) (a) All rules made under this Act shall be published in the Tamil Nadu Government
Gazette, and unless they are expresse d to come into force on a particular day, shall come
into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into
force on a particular day, come into force on the day on which they are so published.
(3) Every rule made, notification or order issued under this Act shall, as soon as possible,
after it is made or issued, be placed on the table of the Legislative Assembly, and if,
before the expiry of the session in which it is so placed or the next session, the Legislative
Assembly makes any modification in any such rule, notification or order or the Legislative
Assembly decides that the rule, notifica tion or order should not be made or issued, the
rule, notification or order shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule, notification or
order.
Lex