The Punjab Bovine Breeding Act

Read No NW/CH-22 Regd. No. CHD/0092/2015-2017 Price : Rs 2.70 Punjab (Boucrnmcnt (Bazettc Published by Authority CHANDIGARH, FRIDAY, MAY 13, 2016 (VAISAKHA23, 1938 SAKA) LEGISLATIVE SUPPLEMENT Contents Pages Part ~ I Acts Punjab Bovine Breeding Act, 20.16. (Punjab Act No. 17 of 2016) .. 59-70 2. The Punjab Gau-Sewa Commission (Amendment) Act, 2016. (Punjab Act No. 18 of 2016) .. 71-72- Part - II Ordinances AW Pari - III Delegated Legislation - Notification No. G.S.R.37/Const./Art.309/ 2016, dated the 6th May, 2016, containing the Punjab Rural Development and Panchayats (Group 'A') Technical Service Rules, 2016. .. 463-483 Part - IY Correction Slips, Republications and Replacements Nil (xlviii) PUNJAB GOVT. GAZ. (EXTRA); MAY 13, 2016 59 (VYSK23, 1938 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 13 th May, 2016 No. 20-Leg.72016.-The following Act of the Legislature of the State of ' Punjab received the assent of the Governor of Punjab on the 26th day of . April, 2016, is hereby published for general information:- THE PUNJAB BOVINE BREEDING ACT, 2016. (Punjab Act No. 17 of 2016) AN ACT - to provide for improvement Ofbovines by regulating bovine breeding activities including use of bovine .breeding bulls for production\ of bovine semen, processing, storage, sale and distribution of bovine semen, and artificial insemination and any other breeding activity in hovines in the State of Punjab and for die matters connected therewith or incidental thereto. • ' Bi: it enacted by the Legislature of the Stateof Punjab in Sixty- seventh • Year of Republic of India as follows:- * CHAPTER I Preliminary • • • . • 1. (1) This Act may be called the Punjab Bovine BreedingAct, 2016. Short title and ' (2) It shall come into force on such date as may be-specified by the ! Government through a notification in the Official Gazette. 2. In this Act, unless the context otherwise requires, - Definitions. (a) "Artificial Insemination" or "A.I." means the technique used for depositing bovine semen into the mature female reproductive tract by artificial nteans; (b) "Authority" means the Bovine Breeding Authority constituted under section 3; (c) "Authorised inseminator" means a veterinarian or Veterinary Inspector or Veterinary Pharmacist (by whatever name called) or trained AI worker to be certified by the Authority in such manner, as may be prescribed; 60 PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 V (VYSK23, 1938 SAKA) ft . (d) "bovine" means a cow, cow-bull, cow-heifer, buffalo, buffalo-bull and buffalo heifer; (e) "bovine breeder" means any person or organization or firm or agency engaged in bovine breeding activity; (f) "bovine breeding" means breeding activities in bovines that include the use of bovine bulls, semen or embryos; (g) "Breeding Policy" means the Livestock Breeding Policy, duly notified by the Government to promote breeding and development of livestock, especially of bovines in the State; (h) "Certified Bull" means a bovine bull certified by the Authority, which is kept for semen production for a particular bovine breed and meets the standards, as may be prescribed; (!) "Chairperson" means the Chairperson of the Authority; (J) "embryo" means a structure developed as a result of fusion of bovirfe male and female gametes; •••"' (k) "expert" means an expert who fulfils the requirements, as may be specified by the Authority; (I) "Government" means the Government of the State of Punjab in the Department of Animal Husbandry, Fisheries and Dairy Development; (m) "Misbranded Semen" means a semen whose DN A profile does not match with DNA profile of the bull, mentioned in the record of semen bank or semen straw; . (n) "pedigree" means genealogical information showing the ancestral line of the bull /dam; (a) "premises" means any place, land, yard, building or any other site that is used for semen production, storage, transport, distribution, trade or Utilization; (p) "prescribed" means prescribed by rules made under this Act; (q) "Recognised Laboratory" means the Northern Regional Disease Diagnostic Laboratory, Jalandhar or any other national level laboratory, duly authorized by the Authority; (r) "Registrar" means the Registrar of the Authority; (s) "semen" means the semen/sexed semen of cow bull or buffalo bull in any form; *» PUNJAB GOVT. GAZ. (EXTRA), MAY 13,2016 61 (VYSK23, 1938 SAKA) p ;« , ! (t) "semen bank" means a premises where the bovine semen is stored for trading or distribution; (u) "Semen station" means a premises, where a facility is set up for production, processing and storage of bovine semen; (v) "services" means any of the bovine breeding services, as may be specified by the Government; (w) "sub-standard semen" means semen or semen straws that do not meet the standards, as may be prescribed; and (x)' "veterinarian" means a registered veterinary practitioner as defined in the Indian Veterinary Council Act, 1984 (Central Act No. 52 of 1984). CHAPTER II BOVINE BREEDING AUTHORITY ./ \ 3. (I) The Government shall, by notification in the Official Gazette, Constitution of constitute an Authority to be known as the Bovine Breeding Authority. the Authority. (2) The Authority shall consist of the following:- (a) Director, Animal Husbandry, Punjab; : Chairperson \(b) Director, Indian Veterinary Research Institute, : Member Izzatnagar or its representative (not below the rank of Principal Scientist); '(c) Joint Commissioner, Animal Husbandry, : Member Department of Animal Husbandry, Dairying, and Fisheries, Ministry of Agriculture and Farmer's Welfare, Government of India; (ci) Director Research, Guru Angad Dev Veterinary : Member and Animal Sciences University, Ludhiana; (e) Eminent veterinarian to be nominated by the : Member Government; (/) Eminent bovine breeder to be nominated by the : Member Government; and (g) Joint Director, Animal Husbandry, Punjab. : Registrar (3) The affairs of the Authority shall be managed and administered by the Registrar. 62 PUNJAB GOVT. GAZ (EXTRA), MAY 13, 2016 (VYSK 23, 1938 SARA) T\ (•4) The Authority shall draw-up a consultative panel of experts consisting of not more than nine members. Out of the panel of experts, the Authority shall form Committee(s) of not more than three members which shall perform such functions, as may be required by the Authority. The members of such Committee(s) shall be entitled for.such honorarium, travelling allowance and daily allowance, as may be prescribed. I Iciitkjuancr of 4. The Headquarter of the Authority shall be at the office of the Director the Authority. Animal Husbandly, Punjab. Meetings of the 5. (I) The Authority shall meet at such time and place as the Authority. Registrar may determine in consultation with the Chairperson and shall observe such procedure with regard to the transaction of its business at such meetings, as may be prescribed. (2) The quorum necessary for the transaction of business at a meeting shall be four members. i Functions of the . 6. As provided in this Act and the rules made thereunder, functions of Authority. A Authority shall be as under.- me (a) to formulate and implement the Breeding Policy and services in the State of Punjab. . (b) to regulate the storage, sa le and use of semen or embryos produced within or outside the State of Punjab or imported from any other country. (c) to certify bovine bulls, which meet the standards, as may be • • • prescribed. (d) to register semen stations in the Stateof Punjab as per the provisions laid down in Chapter III of this Act. -* (e) to register semen banks in the State of Punjab. (J) to certify the trained Al workers for operating bovine breeding activities in the State of Punjab through appropriate Standard Operative Procedures to be laid down by the Authority. (g) 1° perform such'other functions concerning bovine breeding, as may be prescribed. Experts and other ?• The Authority shall discharge its duties through the staff of Animal personnel of the Husbandry Department, Punjab. It may also outsource or get on deputation Authority. such number of officers and experts with veterinary qualifications and experience, as may be prescribed, as it may consider necessary for the efficient PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 63 ,(VYSK23, 1938SAKA) discharge of its functions. 8. (I) Subject to the provisions of this Act and the rules made jurisdiction and thereunder, the Authority shall have jurisdiction all over the State of Punjab in lowers of the respect of bovine breeding activities. Authority. (2) For the discharge of the functions conferred on the Authority under this Act, the Authority or any officer empowered by it in this behalf, shall have the power to obtain any required information from any semen station or related person engaged in bovine breeding activities. (3) The Authority shall have the power to give directions requiring any person in-charge of any 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 or the rules made thereunder, to furnish such information and in such form, as may be specified by it. CHAPTER III REGISTRATION OF SEMEN STATIONS AND SEMEN BANKS AND CERTIFICATION OF BULLS AND TRAINED A.l. WORKERS * . 9. (I) On and from thedateofcommencementofthisAct, no person Registration of (including any Finn, Limited Liability Partnership (LLP) /Company, Producer semen stations. Company, Institution, NGO, Breeders' Association, Trust, Department of Central/State Government, Co-operative Society or any other agency), shall establish and operate a semen station for production and storage of semen doses for artificial insemination or production and transfer of embryos without obtaining a certificate of registration from the Authority. (2) Any person who desires to establish and operate a new semen station, shall make an application for registration or renewal in such form alongwith such fee, as may be prescribed. (3) The existing semen stations shall apply to the Authority for grant of certificate of registration in such form alongwith such fee, as may be prescribed, within three months from the date of commencement of this Act. They shall also declare the current stock of semen alongwith such other details as may be required in the form. (4) Applicants intending to set-up a new semen station or the existing semen stations, who have submitted an appl ication form alongwith prescribed fee to the Authority, shall be issued a provisional certificate of registration to meet the conditions specified in sub-section (6) of this section. The provisional 64 PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 (VYSK23, 1938 SAKA) certificate of registration shall be valid fora period of twelve months. It may be extended fora further period of six months on the request of the applicant, in writing. The Authority shall reply within one month about the status of extension. (5) For the grant of certificate of registration for a new semen station or the existing semen station, the applicant shall make a written request to the Authority for inspection within the above twelve months or the extended period of six months, whichever applicable. The Authority shall thereupon, send a committee of experts from the consultative panel for such inspection. (6) The Authority, after satisfying itself that,- (A) the semen statioii,- (i) has premises for the quarantine of bovine bulls, as may be prescribed by the Authority or the Government of India; (it) has premises for the rearing and housing of bulls and the collection, processing, quality control, storage, distribution and quarantine of semen doses as may be prescribed by the Authority or the Government of India; and (Hi) has premises for the storage of semen doses as may be prescribed by the Authority or the Government of India; (B) every bull, used in the semen station for production of semen doses,- (!) has tested negative to the tests as may be prescribed by the Authority or the Government of India: (a) prior to its entry to a quarantine station; (h) during quarantine period at a quarantine station; (c) during rearing at a rearing station; and (d) at the semen station; (ii) conforms to breed characteristics of the permitted breeds only as may be specified in the breeding policy and meets the minimum standards for various traits in terms of quantity and quality as may be specified by the Authority or the Government of India and as modified and notified from time to time; (C) the semen station maintains accurate details of the bull, whose semen doses it would like to produce, store, sell, distribute or proposes to distribute for Artificial Insemination in a format, as may be prescribed; shall grant the certificate of registration to a new semen station or the existing / PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 65 ^ (VYSK23, 1938 SAKA) . semen station clearly specifying the name and address of the semen station, registration number of the semen station, unique Identification No. of certified bulls to be used for semen production, name of the ln-charge of the semen station and such terms and conditions, as it may deem fit. (7) The certificate of registration granted to semen station under this section shall be valid for a period of two years from the date of its issue. (8) The semen station shall, in such form alongwith such fee, as may be prescribed, apply for renewal of registration to the Authority at least three . months before the expiry of the certificate of registration. The Authority after satisfying.itself that the conditions specified in sub-section (6) with regard to certificate of registration have been adhered to, shall renew the registration for a further period of two years, within three months from the date of receipt of application. If the renewal certificate is not issued within three months, approval shall be deemed to have been accorded, unless communicated . otherwise. " .; ,„- * (9) Any new bovine bull that meets the standards for semen production shall not be inducted in the semen station for semen production without the prior approval and necessary certification from the Authority, peath/cullingbf certified bull shall be informed to'the Authority! (10) The Authority may, after giving the applicant an opportunity of being - heard and for reasons to be recorded in writing, refuse to grant or renew the • . \ • certificate of registration. (11) The Authority shall send a Committee of experts to inspect a semen station as and when desired, but at least once in a year, to ensure compliance of the conditions specified in the certificate of registration. 10. (I) On and from the date commencement of this Act, no person Registration of (including any Firm, Limited Liability Partnership (LLP), Company, Producer semen banks. Company, Institution, NGO, Breeders'Association, Trust, Department of Central or State Government, Co-operative Society or any other agency], shall establish and operate a semen bank without obtaining a certificate of registration from the Authority. (2) The certificate of registration referred to in sub-section (I) shall be issued in such manner and subject to such conditions, as may be prescribed. 11. (1) On and from the date of commencement of this Act, no new Certification of se men station shall carry out semen production from any bovine bull other than bulls. 66 PUNJAB GOVT. GAZ. (EXTRA). MAY 13, 2016 (VYSK.23. 1938 SAKA) those certified by the Authority. (2) The bulls shall be certified by the Authority in such manner and subject to such conditions, as may be specified by the Government. (3) The Authority shall, generate a unique Identification No. for each certified bull and it shall be mandatory for the semen stations to tag this unique Identification No. securely and permanently to the certified bulls at all times. Certification of 12. The trained AI workers shall be certified by the Authority in such l mined AI manner and subject to such conditions, as may be specified by the Government. workers. Regulation of sale 13. (I) None shall sell or distribute or gift or transfer the semen/embryo of semen. to any person other than a person, as may be authorized by "the Authority (2) No semen/embryo produced outside the State-of Punjab shall be allowed into the State of Punjab to be sold, distributed or gifted for Artificial Insemination/transfer, except with the prior approval of the Authority to be granted in such manner and subject to such conditions, as may he prescribed. (3) No semen/embryo shall be imported for Artificial Insemination/ transfer in to the State of Punjab from any other country, except with the prior approval of the Authority to be granted in such manner and subject to such conditions, as may be prescribed. ., Issue of duplicate 14. In case a certificate of registration or a certificate of renewal issued regis! ration under this Act is defaced, lost or destroyed, the Authority, may, upon satisfaction, certificate. grant a duplicate certificate to the applicant on payment of such fee, as maybe prescribed. Revocation of 15. If the Authority is satisfied, either on a reference made to it in this certificate of behalf or on the basis of inquiry report of a Committee of experts constituted registration. by the Authority or otherwise that.- (a) the certificate of registration granted by it under this Act to a Semen station has been obtained by misrepresentation or fraud; or (b) the holder of the certificate of registration has, without reasonable cause, failed to comply with the terms and conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or has not complied with such conditions, as may be prescribed; then, without prejudice to any other proceedings to which the holder of the •• V PUNJAB GOVT. GAZ. (EXTRA). MAY 13, 2016 67 A (VYSK 23, 1938 SAKA) certificate may be liable under this Act, the Authority, may, after giving the holder of the certificate of registration an opportunity to show cause; (i) where under this Act, any conditions have been imposed on any person, while granting the certificate of registration or renewal thereof, or under section 9, and such person has failed to comply with such conditions, the Authority, after giving such person opportunity of being heard, revoke the certificate of registration or renewal thereof and shall take such steps against such person, as may be prescribed; or . . (7/7 suspend the certificate of registration or renewal till the holder of the certificate complies with all the required conditions to the satisfaction of the Authority; or (Hi) take an undertaking from the holder of the certificate of registration, to comply with the provisions of this Act. y 16. (I) Any person aggrieved by an order of the Authority refusing to Appeal. grant or renew a certificate of registration or revoking or suspending the certificate of registration under the provisions of this Act, may file an appeal before the Appellate Authority, who shall be the Administrative Secretary of: the Department of Animal Husbandry, Punjab, j !'•« •; -,s (2) The Appellate Authority, after giving a reasonable opportunity of being heard to the applicant, shall decide the appeal, as expeditiously as possible, but within three months. CHAPTER-IV 17. (1) The Authority or members of the Committee of experts Power to Inspect, , authorised by it in this behalf, with a view to ensure compliance with the terms search and and conditions of the certi ficate of registration or any provisions of this Act, or sclzure- forthe purpose of inspection and inquiry, may,- (a) enter, inspect and cause or conduct search of any premises in which it has reason to believe that any activity in contravention of the provisions of this Act is going on or there is any contravention of any of the provisions of this Act or rules made there under or the holder of certificate is doing activities in violation of the terms and conditions specified in the certificate of registration issued under . this Act. (b) collect samples of semen, blood or any other material used in semen production from the premises of any semen station and have such 68 PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 V (VYSK23, 1938SAK.A) samples analyzed from a recognized laboratory. All the stock of the semen which is from uncertified bull shall be destroyed immediately and semen processing equipment shall be sealed. (2) The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall, as far as may be, apply to searches and seal/seizures under sub-section (I). 18. (I) Every person who holds a certificate of registration under this Maintenance anil submission of Act shall maintain such books, accounts and records relating to his business records. transactions in Such form, as may be specified by the Authority in this behalf. (2) Every person who holds a certificate of registration for a Semen station/semen bank shall submit to the Authority, an annual, report, in duplicate, in respect of the semen station/semen bank in such form, as may be prescribed and with respect to new bulls proposed for certification whose semen is to be put on use in such form, as may be prescribed. 19. Notwithstanding anything contained in any other law, but subjectito- Power to give directions. the provisions of this Act, and to any/directions thatlhe Government may give in this behalf, the Authority, may in exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer, or authority, and such person, officer or authority, as the case may be, shall be bound to comply with such directions. The powers to issue directions under this section shall include the power toxHrect,- (i) the.closure, prohibition.or regulation of any operation, process or activity related to bovine breeding;or (ii) the stoppage or regulation of supply of electricity, water or any other service. Power to make 20. (1) Where it is apprehended by the Authority, that any person, application to firm, company or Non-Governmental Organization is engaged in the bovine Courts for breeding services or trading and supply of semen/embryo in contravention of resl raining the provisions of this Act or rules made there under, the Authority or any apprehended officer authorized by it, may file a complaint in the Court of Judicial Magistrate bovine breeding activities in First Class for restraining the said person from carrying out the said activity. contravention ol (2) On receipt of an application under sub-section (I), the Court may this Act. pass an order restraining any such person, to carry out the said activity or give such directions or pass such order as it may deem fit. 21. (I) Any person who contravenes or violates any provision of this Penalties. Act or rules made thereunder, shall be punished with a fine up to one lakh rupees or with rigorous imprisonment upto one year, or both. * PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 69 f\ (VYSK23, 1938 SAKA) (2) The fine so imposed, may be recovered from the person concerned, Cognizance of as arrears of land revenue. offences.- 22. (I) No court shall take cognizance of any offence under this Act, except on a complaint made by the Authority' or any officer authorized by it in this behalf. (2) No Court inferior to that of a Judicial Magistrate of the First Class • shall tiy any offence punishable under this Act. (3) No prosecution for offences punishable under this Act shall be instituted, except with the prior sanction of an officer authorized in this behalf by the Aujhprity, by notification. (4) Production, possession, distribution, sale* transfer in any form, import- export or use of unauthorized semen or misbranded or sub-standard semen shall be a cognisable offence under this Act. • * Chapter V : Miscellaneous 23. Any document purporting to be a report duly issued by a recognized Report of laboratory may be used as evidence of the facts state'd therein in any. Recognized proceedings under this Act. • V; Laboratory, 24. All local authorities shall render such help and assistance and furnish Local Authorities such information to the Authority, as it may require for discharge of its functions ,0 assist. and shall make available for inspection and examination such records or documents, as may be necessary. . 25. The Authority shall furnish to the Government such reports, statistics, Reports. and other information with respect to its funds, activities or policies as required , by the Government, from time to time. 26. All experts, officers and officials of the Authority, when acting or Experts, officers purporting to act in pursuance of any of the provisions of this Act and the rules and officials of made thereunder shall be deemed to be public servants within the meaning of l e u onty to o ^ De public Section 21 of the Indian Penal Code. servants 27. No civil court shall have any jurisdiction in any matter, in respect of Bar oh which the Government or any other person or authority is empowered by this Jurisdiction Act to take cognizance, and dispose it of, and the manner in which the Government or such person or authority may exercise any power, vested in it or him by or under this Act. . - ** V 70 PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 \ (VYSK23, J938SAKA) \ A Protection *ff 23. No suit or other legal proceedings shall lie against any member, action taken in officer or officials, of the Authority in respect of anything which is in good faith good luiili. and public interest, done or intended to be done in pursuance of this Act or the rules made thereunder. Power of 29. (I) The Government may, by notification in the Official Gazette, Government to make rules for carrying out the purposes of this Act. make rules. (2) In particular and without prejudice to.the generality of the foregoing powers, the Government may make such rules, as may provide for any other matter which has to be or may be prescribed. (J) Every rule made under this Act shall be laid, as soon as rnja^gbe, after it is made, before the House of the State Legislature, while it is in session, for a total period of fifteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rules, or the House agrees, that the rules should not be made, the rules shall thereafter have effect only iirsuch modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. Power to remove 30. (I) If any difficulty arises in giving effect to the provisions of this difficulties. Act, the Government may, by an order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty. (2) The Government may issue such guidelines to the Authority as it deems fit for the purpose of implementation of the provisions of this Act. 31. The funds of the Authority shall bethe budgetary allocation of the Funds of the Authority. Department of Animal Husbandry, Punjab. Repeal and 32. (I) The Punjab Livestock Improvement Act, 1953 (Punjab Act Saving. No. 47 of 1953), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Act, referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act. VIVEK PURI, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 10JO/05-2016/Pb. Govt. Press, S.A.S. Nagar