LexThe Tamil Nadu Animals and Birds in Urban Areas (Control and Regulation) Act, 1997
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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
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 rl~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 Chd ; 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
--
--
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. No 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 limce under this Act.
4. (1) Any person intending to obtain or renew a licence shall apply to the Gmt and rae
Licensing Officer in 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 sh~ 11 be in such form and be valid (for such period ad 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~~sing 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 re! 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 od er aeanst whlch the
appeal is r rererred :
~ts~pJ IT-2 EX. (418 1 -lA
I
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, if it 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.
-.-.
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 an 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 arqis seized under sub-section (I), the owner
may red eem the animal or bird within a period of forty-eight hours after its seizure ~JI
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 he 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 ~ct
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 where a
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
Pdtles.
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.
TAMIL NADU GOVERNMENT GAZETI'E EXTRAORDINARY
--
267
18. If any Sculty arises in giving effect to the provisions of this Aot, the Pow to
Government may, by an order published in the Tamil Nad~ 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 doa
(2) In particular, and witl~out prejudice to th~ 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. Shee~
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. ~uails
5. Any domesticatecl wild bird
iRy order of the Governor)
A.K. RAJAN"
Seoretary to Ciovcr~rnenk
Law Department<
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
-
Tl~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.