Punjab act 033 of 2006 : The Punjab Herd Registration Act ,2006

Rgyd. N * <•» aaggz2flOft Zig*s Kt&L ^?. . .>-!JA.L1-«> Punjab (BooErnmmt C5azctte

EXTRAORDINARY

Published by Authority

CHANDIGARH, WEDNESDAY, NOVEMBER 1, 2006

(KART1KA 10, 1928 SAKA)

Part I

LEGISLATIVE SUPPLEMENT

Contents

Acts

The Punjab Herd Registration Act, 2006 (Punjab Act No. 33 of 2006) Pages

137—145

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Hart II Part III Part IV Ordinances Ml

Delegated Legislations Notification No. S.O. 42/P.A. 16/55/S.3/2006 dated the 31st October, 2006, specifying the rate of Entertainments duty, including the rate on the complimentary tickets .. 481 Correctioni Sjjjftaftc;- -'• ^irifeiuas and" ^-"**^^ * **** ^ ^r

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PUNJAB GOVT GAZ. (EXTRA.), NOV? 1, 2001 137

(KARTIKA 10, 1928 SAKA)

. . PARI' I \

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

Notification

The 1st November, 2006

No. 44-LegJ2006.—The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 20th October, 2006, and is hereby published for general information :—

THE PUNJAB HERD REGISTRATION ACT, 2006

(Punjab Act No. 33 of 2006) .

AN

ACT

to provide for breed improvement of dairy animals by registering and identifying tiwm with a view to protect the interests of the persons, who rear and purchase dairy animals, and to create and maintain reliable database of pedigree and production and for the matters connected therewith or incidental thereto.

BE it enacted by the Legislature of the Stale of Punjab in the Fifty- seventh Year of the Republic of India as follows :—

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I3S PI NJAB GOVT GAZ. (EXTRA.), NOV. 1, 2006

(KARTIKA 10, 1928 SAKA)

>tablishmcnt

" Authority.

fcj "dairy animal" means a cow or a buffalo, which includes its offspring ;

id) "embryo** means the embryo of a cow or a buffalo ; te) "embryo certificate" means a document certifying a fact that the embryo is of a particular breed and parentage ; if) "foundation stock" means such dairy animals, as are recognised by the Authority as constituting breed's ^ggS^mS^^S,

(g) "Fund" means the Fund established and, maintaped j?y. $h£ Authority under sub-section (J) of section 13 of this Act ; fh) "identification'* means an act of distinguishing an animal by the marking or tagging it ;

•'"> % it) "pedigree" means genealogical information showing the ancestral line of descent of the animal ;

(J) "prescribed" means prescribed by rules made under this Act ;

(k) "registration" means an act of recognition that a dairy animal is of a particular breed, conforming to a certain level of standards ;

(I) "registration certificate" means a registration certificate issued by the Authority under this Act;

(m) "regulations" means regulations made by the Authority under this Act ;,

(*) "section'" means a section of this Act ; (tt) "semen" means the semen of a cow bull or a buffalo bull ;

(p) "semen certificate" means a document certifying a fact that the semen is of a particular cow bull or buffalo bull, breed and parentage ; and

(q) "State Government" means the Government of the State of Punjab.

3. (I) As soon as may be, after the commencement of this Act, the State Govanmem shall, by notification in the Official Gazette, establish for * the purposes of this Act, an Authority to be known a.s the Punjab Herd. Registratic* Authority.

(2) The Authority established under sub-section (I),.shall be a body corporate having perpetual succession and a common seal with the power jo acquire, iiold and dispose of property, both movable and immovable and to contrad and shall, by the said name, sue and be sued.

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PUNJAB GOVT GAZ. (EXTRA.), NOV. 1, 2006

(KARTIKA 10, 1928 SAKA)

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(3) The Authority established under sub-section (I), shall consist of the following members, namely :—

(i) the Secretary to Government of Punjab, . Registrar Department of Animal Husbandry, General Fisheries and Dairy Development ;

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(iff) the Director, AnlniaT Husbandry,' Punjab ; (ivj the Director, Dairy Development, Punjab ; and

'<+, (v) One representative of Government of- •**" Member India, Ministry of Agriculture,

Department of Animal Husbandry

and Dairying.

(4) The Registrar General, shall be the Chief Executive of the Authority to implement its decisions. ^;"• ' a ww#i (p .fy®. ^wor

K°£$# fy$?ti}y shall jbe'gpt done through the officers - and officials of trie SJate Government or Public Sector l^ndcrtaldhgs^qrby. ?

appointing persons by the Authority on contract basts. ^:

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(6) The Authority may also get the work at registration done by any other.agency or organisation," associated with herd registration on such . ^temis^!andcqndirioris/M * /

[*\]l ^J>c¹hcadquartcrs'^Jbf "tjip'Authority shall be at Chandigarh or at Headquarters of

. such place, uthe"Stale Govcrhmeritrnay specify. <:^V,VJ , K | the Authority., fc ^ , '^^5?w%!^9Hty sKaHmect at such time and place, as the Registrar Meetings of the General, may'detenriine and shall observe such procedure in regard to the Authority. - transaction qf its business at such meetings,.as jmay belaid down-by it in the regulations. ' ^ ' ^r

' ;;.' «\. ' ^;; r-\r;/o ' > . 1̂ ... , ^ V ^ A ^ , Subject lo tlie provisions of .this Act and the rules framed Functions of the thercundev^Cjsh^ to make Authority.

registration, identification'and t6^vcrcate"and niaihtainTeliable data-base of -.-pedigree andjproduction Qf every dairy animal. . ' ' / ' . L

Sf:'aLv$ni(7^In particular, and without prejudice to,th^. generality of the

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?' (a) "to formulate a detailed plan to Implement the herd registration J*

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140 PUNJAB GOVT GAZ. (EXTRA.), NOV. 1,2006

_ J (KARTfKA 10, 1928 SAKA) :

(b) to register alfdairy animals*;

(c) to fix identification marking on every registered animal;

(d) to keep accounts of physical traits, breed "conformity, pedigree, performance, health status, feeding and farm management status of every dairy animal ;

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(e) to keep accounts of change of ownership and geographical movement of dairy animal ;

(J) to identify cow bulls and buffalo bulls of higher genetic merit and put them to use in the breeding pjrogr#rnmes ; and

(g) to issue semen certificate or* embryo certificate in such form and containing such particulars, as may h& specified in, the regulations.

Powers of the 7. (J) Subject to the provisions of this Act and rules framed Authority. thereunder, the Authority shall have jurisdiction all over the Stale of Punjab in respect of all breeds of dairy animals. '/

•Y . (2) In particular and,without prejudice to-the generality of the foregoing provisions, the Authority shall have the following povyers, namely :—

(a) to enter the premises of every dairy farm in the State of Punjab to examine the dairy animals "therein ' Provided that, if the premises of a dairy farm is a dwelling house, the entry should be made only with the consent of the dairy owner by accompanying a member of the, Panchayat or Panchayat Samiti or .Municipal Corporation or Municipal Committee or Nagar Panchayat, as the case may be ;

(b) to secure factua^^cTal5out each, dairy animal, kept by its

•owner;- :^.;" • •. .\#&&«v-' T?f •'•••^:~

(c) to acquire, hold or dispose of movable or irnrnovable property • necessary for carrying out its objectives ; . *

(d) to borrow money or withdraw,* accept, endorse, execute promissory notes, bills of exchange and other .negotiable instruments necessary for carrying out its affairs ;

(e) to mortgage or hypothecate or create any security or interest in any of rts property to secure its obligation ; X - , - i ' - •• ' . . -U

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PUNJAB GOVT GAZ. (EXTRA.), NOV. 1, 2006 , i 4 1 (KARTIKA 10, 1928 SAKA) v

(J) to use its funds in furtherance of its purposes ;

(g) to cause to keep the records of semen and embryos in respect of dairy animals of each breed ; and

(h) to recognise the new evolved breed in accordance with the regulations.

8. (I) The Authority may, set up a Consultative Committee of Setting up of .' experts consisting of not more than seven members to aid und advise the Ciasultutive Authority for performing its functions. The members of the Consultative T^m Committee,-shall be nominated by the State Government from amongst such persons, as may be prescribed.

(2) The members of the Consultative Committee shall be entitled to receive such travelling allowance and daily allowance, as may be prescribed. J). Initially, the Authority shall take tip Ihe work of herd registration g«iblishmcnt of itself or: through any of the^gencies; or-organisations referred to inisub- tyH wiociition. section^/of section 3. However, the Authority shajl endeavour to establish breed associations for every breed of dairy animals taken up for registration. A separate breed association for each identified breed of dairy animals, shall be established and registered with the Authority The breed associations shall follow such procedure and guidelines, as may be laid down by the Authority by regulations. The breed associations so registered, shall undertake the work of registration under the supervision and control of « the Authority.

*&*^1Q-. (I) For making registration under'this Act, the Authority sriftWw*r>egism»- charge such fee, as may be prescribed. tyk

1 - ' \ ' \Q) The registration of dairy animals shall be mode in such fornr - and manner,;as may be specified by the regulations.

1,1. (f\ After the registration is made under this Act, the Authority issueofreijisiru- j sliall issue a registration certificate, to the owner of the dairy animal. tio&«rtificaie.

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^ (2) The registration certificate issued under sub-section (J), shall be the conclusive proof of the breed and other characteristics of the dairy animali

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14: PUNJAB GOV T GAZ. (EXTRA.), NOV. I, 2006

(KARTIKA 10, 1928 SAKA)

Responsibilities of 12. (1) It shall be mandatory on the part of the dairy owner to get ihc dairy owner h;S fo^ a m m a | registered and he shall,—

fa) extend full co-operation to the Authority or agency or

organisation referred to in sub-section (6) of section 3 to

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accomplish the objectives of the-Authority : -

(b) provide access to the dairy animals in rus possession^ me' ?&?J?&k$§$2&£ Authority and provide a l a S r a t e W o ^

animal ; /

fcj report to the Authority as and when he brings a new animal or disposes of any ammakuid shall give full details of such animal ; and

(d) not violate any of the provisions of this Act, rules or. * regulations made thereunder.

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(2) In case of violation of any of the provisions of sub-section (I) .. i by the owner, he shall be liable to such fine, as may be prescribed,.;,:; : I J i-und of the ... 13. (I) The Authority shall establish and maintain its.own Fund to Authority. which shall be credited,—- *"_ '"' : " * / , , ! w \ .' .*«' i foj all moneys received by the Authority tfrom the iS|tate Government and the Central Government by'way of grants,

." loans, advances or otherwise ; • .•• 1 ;-*t'.v«j? ....:{»»/ (SJ the fees received by the Authority under this Act ; ••< "

(c) all moneys received by the AuthorityTrom the disposal of its lands, buildings and .other properties, movable or immovable; y. ..... . lM . I. ,. .. . ..,...., fay all moneys received by the Authority by way of rent or profit or in any other manner or from any other sources ; and

•:•-. >« 'f+fl I'.? ( : ' , - r "P °\

(e) all moneys received by the Autliprity in connection with the -" .' i execution of any of its programmes, w.:^\ ij&hlt ' • - ' • • •• ' > • « ' • * - # ' - - . . - . • • - , . . , ~ . . . ' • . - ' - • ' ' ' * (2) Tlie Fund shall be administered by the Registrar General of - -. iheAitthority. . _ _ ; , ^ , . ^ J : , ^ , ,,?;L,,n.; ;rv ,-vr ,1\ :" • ' . | ' ^:* Y# The Fund shall be applied for achieving the objectives, of the ^~. '. Authority and meeting the expenditure to be incurred in relation thereto.̂ .

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PUNJAB GOVT GAZ. (EXTRA.), NOV. 1, 2(XX> 143

(KARTIKA 10, 1928 SAKA)

(4) The Authority shall keep the Fund in any Scheduled Hank.

(5) The Authority may invest any portion of the Fund in such securities or in such other manner, as it may determine from tune to time.

(6) The income resulting from the investment mentioned in sub- section (5), shall be credited to the Fund.

14. (J) . ^ ^ w ^ U : ^ ^ p e r i o d ofw Wfeths »fkr the Submission of expiry of each' financialye^^s^bjmt^p" ^^;'State^!0

(2) The Authority shall cause its books and accounts to be closed, as balanced on the 31st day of-March of each financial year.

15. The accounts of the Authority shall be audited by an auditor. Audit of uccoqnti. duJy qualified to be appointed as an auditor of companies under the Companies Act, 1956 (Central Act 1 of 1956), and the appointment of auditor and remuneration payable to him, shall be decided by the Authority on year to year basis. The auditor so appointed, shall have access to the books, accounts and other documents of the Authority at all reasonable

t imes . I ••• $ •••: VTV . .?' ;... \. *

16. The State.XJovcrnment may, from time to time, issue such Power to issue directions to the Authority, as in its opinion arc necessary and expedient for directions. carrying out the purposes of this Act. The directions so issued, shall be binding on the Authority. ...-.;;.. .« . . . . . . r

17. (I) The State Government may, by notification, in the Official Power 10 make Gazette, make rules for carrying out the purposes of this Act. . ru,cs -

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :— 1

(a) to prescribe the persons amongst whom the members of the Consultative Committee shall be nominated under sub-section (I) of section 8 ; %ir : . -

(b) to prescribe travelling allowance and daily allowance under sub-section (2) of section 8 ; ^!'

(c) to prescribe the amount of fee to be charged for making v fi - registration undersub-section (}) of section 10 ; and •'

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144 * > PUNJAB GOVT GAZ. (EXTRA.), NOV. h 2006 \ (KARTIKA 10,1928 SAKA)

„ . V ' ' ' • i i 1 1 — i . . . i . i . . . . i i i . , . . . , , , 8 „ i , , 1 (dy to prescribe the amount of fine forviolation as envisaged under ,• W;,.': sub-section (2) of section 12,

(3) E\hy rule made under this scctiorCshall be laid as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days, which may be cpmprised in one session or in two or more successive sessions, and if, befpre the expiry of the session.iii Ŵ hich it is so laid or the successive sessions as aforesaid the House agrees in making any modification in the rules or the Housp agrees tharthe rule should not be made, the rule shall thereafter, have effect only 'in such mpclific.d 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.

Power to make \$% 'fjj The Authority may, from time to time, with the previous ' regulations. sanction of the State Government, make regulations not inconsistent Jwith the provisions of this Act and the rules made thereunder for the purpose of giving effect to the provisions of this Act. / '' ' 't

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the- fpllowing matters, namely:-?—

(a) to specify the terms and conditions for getting the wprk done from other agencies or organisations referred to in sub- section (6) of section 3 ;

(h) to lay down the procedure lo transact business of the meetings ^ of the Authority under section 5 ;

(c) to lay down the procedure and guidelines to be followed for registration by the breed associations under section 9 ; and

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(d) tg specify the form and manner for making registration of the Power IO remove 19. (J) If any difficulty arises in giving effect to any of the provisions

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PUNJAB GOVT GAZ, (EXTRA.), NOV. 1, 2006 145

(KARTIKA 10, 1928 SAKA)

(2) Every order made under this section, shall be laid as soon as may be", after it is made before the Legislative Assembly.

20. No suit, prosecution or other legal proceedings shall lie against Protection of ^! the State Government or the Authority or any officer or officiil of the State act* 005 taikCn Government or the Authority or any officer or official, nominated by the State ^go Government for any action, which is done or intended to be done in good faith in pursuance of the provisions of this Act rules or regulations made or directions issued thereunder.

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21. The Authority may delegate its functions to any of its officers in Delegation. view pf the exigencies of the work.

— 22* Save as otherwise provided in this Act, the provisioas of this Act, Ovcr-ridiqg the rules and regulations made thereunder, shall have effect notwithstanding eitect. anything inconsistent therewith contained in any other law eaacted by the Punjab State Legislature, the rules and regulations made thereunder, for the time lacing in force.

23. (1) The Punjab Herd Registration Ordinance, 2006 (Punjab Repeal and Ordinance No. 1 of 2006), is hereby repealed. • "*»

(2) Notwithstanding such repeal, anything done or any action taken under! the Ordinance referred to in sub-section (J), shall be deemed to have been a'one or taken under the corresponding provisions of this tet:

HARBANS SINGH,

Addlr Secretary to Government of Punjab, Department of Legal and Legislative Affairs.

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