(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 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 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 subsection (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 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 P d t l e s .
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.