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

! e n r d THE PUNJAB HERD REGISTRATION ACT, 2006. ‘Punjab Act No. 33 of 2006) CONTENTS Sections ie Short ttle and commencement 2. Detinitions 3. Establishment of Authority ' 4. Headquarters of the Authonty Meetings of the Authority F uncuions of the Authority Powers of the Authority. Setting up of Consultative Committee Establishment of breed association 10. Fee for registration 11. Issue of registration certificate 12. Responsibilities of the dairy owner 13. Fund of the Authority 14. Submission of reports 1S. Audit of Accounts 16. Power to issue directions 17. Power to make rules 18. Power to make regulauions 19. Power to remove difficulties 20. Protection of actions taken in good faith 21. Delegation 22. Over-riding effect 23. Repeal and saving Pages a) LA OH 7 OC S N O N D O N O O G 'THE PUNJAB HERD REGISTRATION ACT, 2006. ° (Punjab Act No. 33 of 2006) [Received the assent of the Governor of Punjab on the 20th October, 2006, and was first published for general information in the Punjab Government Gazette (E:xtraordinary), Legislative Supplement, dated the Ist November, 2006]. AN ACT .. 10 provide for breed improvement of dairy animaits by registering and « #~" identifying them with a view to protect the interests of the persons, who he rear and purchase dairy animals, and to create and maintain reliable database of pedigree and production and for the matiers connected ee” therewith or incidental thereto. Be it enacted by the Legislature of the State of Puniab in, the Fifty seventh Year of the Republic of India as follows :— 1. (7) This Act may be called the Punjab Elerd Registration Act, 2006. (2) lt shail come mto force at once, 2. In this Act, unless the context otherwise requires,— (a) “Authority” means the Punjab Herd Registration Authority established under section 3 of this Act ; (b) “breed” means a stock of animals descended from common ancestors and having the following common characteristics, namely :— fi) ‘pure, a breed with characters maintained : through generations of unmixed descend as recognised by the Authority ; (i#} ‘distinct’. a separate breed having detinet characters as recognised my the Authority ; and (iii) ‘evolving’. a group of dairy animals m the process of evolving into a new breed ; fc) dally animal” means a cow or a buffalo, which includes its offspring ; (d) “embryo” means the embryo of a cow or a buffalo ; fe) “embryo certificate” means a document certifying a fact that the embryo is of a particular breed and parentage ; (f) “foundation stock” means such dairy animals, as are recognised by the Authority as constituting breed’s original stock ; ‘Por Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary). dated the | 3th September, 2006, pages 1794-1795. Short title and commencement. Definitions. 2 (g) “Fund” means the Fund established and maintained by the Authority under sub-section (7) of section 13 of this Act ; (h) “identification” means an act of distinguishing an animal by | the marking or tagging it ; fi) “pedigree” means gencalogical 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 10 a certain level Gr ~ ees standards -; = 4 eres (i) “registration certificate” means a registration certificate issued by the Authority under this Act-; (mm) ° ‘regulations” means segulations made by the Authority under this Act ; (n} “section” means a section of this Act ; fo) “semen” means the semen of a cow bull or a buffalo buil ; (p) “semen certificate” means a document certifying a fact that the semen ts of a- particular cow bull or buffalo bull, breed and parentage ; and (gq) “State Government” means the Government of the State. of Punjab. Establishment 3. (1). As soon as may be, after the commencement of this Act, the of Authonity. State Government shall, by notification in the Official Gazette, establish for the purposes of this Act, an Authority to be known as the Punjab Herd Registration Authority. (2) The Authority established under sub-section (7}, shall be a body corporate having perpetual succession and a common seal with the power to acquire, hold and dispose of property, both movable and immovable and-to contract and shail, by the said name, sue and be sued. (3) The Authority established under sub- section (7), shall consist of the following members, namely :—. fi) the Secretary to Government of Punjab, | Registrar . Department of Animal Husbandry, General Fisheries and Dairy Development : . (ii) the Vice Chancellor, Punjab Agricultural Member University, Ludhiana - se 3 (ii) the Director, Animal Husbandry, Punjab; .. Member (iv) the Director, Dairy Development, .. Member Punjab ; and . fv) Ohne representative of Government ol .. Member India, Ministry of Agriculture, Department of Animal Husbandry and Dairying. . (4) The Registrar General, shall be the Chief Executive of the Authority to rmplement its decisions. (5) The work of the Authority shall be got done through the officers and officials of the State Government or Public Sector Undertakings of by appointing persons by the Authority on contract basis. (6) The Authority may also get the work of registration dorie by any other agency or organisation, associated with herd registration on such terms and conditions, as it may specify by regulations. 4, The headquarters of the Authority shall be at Chandigarh or at such place, as the State Government may specify. 5. The Authority shall meet at such time and place, as the Registrar General, may determine and shall observe such procedure in regard to the transaction of its business at such mectings, as may be laid down by it in the regulations. . 6. (/) Subject to the provisions of this Act and the rules framed thereunder, it shall be the primary function of the Authority to make registration, identification and to create and maintain reliable data-base of pedigree and production of every dairy animal. (2) In particular and without prejudice to the generality of the foregomg provisions, the Authority shall perform the following functions, namely :— (a) to formulate a detailed plan to implement the herd registration programmes ; (6) to register all dairy animals ; fc} to fix identification marking on every registered animal ; (d) to keep accounts of physical traits, breed contormity, pedigree, performance, health status, feeding and farm management status of every dairy animal ; (e) to keep accounts of change of ownership and geographical movement of dairy animal ; (f} to identify cow bulls and buffalo bulls of higher genetic merit and put them to use in the breeding programmes ; and Headquarters of the Authority, Meetings of the Authority. Functions of the Authority. Powers of the Authority. Seiting up of Consultative Commiites, (gi 4 to issue semen certificate or embryo certificate in such form and containing such particulars, as may be specrfied in the regulations. 7. (1) Subject to the provisions of this Act and rules framed thereunder, the Authority shall have jurisdiction all over the State of Punjab in respect of all breeds of dairy animals. (2) In particular and without prejudice to the generality of . the foregoing provisions, the Authority shall have the following powers, namely :— (a) (b) oft) (d) fe) D (g) (hy to enter the premises of every dairy farm in the State of Punjab io 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 thé™ 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 ; to secure factual data about each dairy animal, kept by its owner ; . to acquire, hold or dispose of movable or immovable property necessary for carrying out its objectives ; to borrow money or withdraw, accept, endorse, execute promissory notes, bills of exchange and other negotiable instruments necessary for carrying out its affairs ; to mortgage or hypothecate or create any security or interest m any of its property to secure its obligation ; to use its funds in furtherance of its purposes ; to cause to keep the records of semen and embryos in respect of dairy animals of each breed ; and to recognise the new evolved breed in accordance with the Tegulations. 8. (1) The Authority may, set up a Consultative Committee of experts consisting. of not more than seven members te aid and advise the Authority for performing its functions. The members of the Consultative Committee, shall be nominated by the State Government from amongst such persons, as may be prescribed. a s 5 (2) The members of the Consultative Committee sha!l be entitled to receive such travelling allowance and daily allowance, as may be prescribed. 9. Initially, the Authority shail take up the work of herd registration itself or through any of the agencies or organisations referred to in sub ' section (6) of section 3. However, the Authority shall endeavour to establish breed associations for every breed of dairy anima‘s 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 contro! of the Authority. 10. (7) For making registration under this Act, the Authority shall charge such fee, as may be prescribed. (2) The registration of dairy animals shall be made in such form and manner, as may be specified by the regulations. 11. (/) After the registration is made under this Act, the Authority shall issue a registration certificate to the owner of the dairy animal. (2) The registration certificate issued under sub-section (//, shall be the conclusive proof of the breed and other characteristics of the dairy animal. 12. (1) It shall be mandatory on the part of the dairy owner to get his dairy animal registered and he shail,— (a) extend full co-operation to the Authority er agency or organisation referred to in sub-section (6) of section 3 to accomplish the objectives of the Authority ; (5) provide access to the dairy animals in his possession to the Authority and provide accurate information about every animal ; fc) report to the Authority as and when he brings a new animal or disposes of any animal and shall give full details of such animal ; and fd) not violate any of the provisions of this Act, rules or regulations made thercuncer. Establishment of breed association Fee for registra tion. Issue of registra tion certificate. Responsibilities o/ the dairy owner. ind of the uthority. ubmission of sports, dit of accounts. 6 (2) in case of violation of any of the provisions of sub-section (7) by the owner, he shall be lable to such fine, as may be prescribed. 13. (7) The Authority shall establish and maintain its Own jek ioe to which shall be credited, (a) ail moneys received by the Authority from the State Government and the Central Government by way of grants, loans, advances or otherwise ; (6) the fees received by the Authority under this Act ; (c) all moneys received by the Authority from the disposal of its lands, buildings and other properties, movable or ‘ymmovable ; (d) all moneys received by the Authority by way of rent or profit or in any other manner or from any other sources ; and (e} all moneys received by the Authority in connection with the execution of any of its programmes. (2) The Fund shall be administered by the Registrar General of the Authority. (3} The Fund shall be applied for achieving the objectives of the Authority and meeting the expenditure to be mcurred in relation thereto. (4) The Authority shall keep the Fund in any Scheduled Bank. (5) The Authority may invest any portion of the Fund in such securities or m such other manner, as it may determine from time to trme. (6) The income resulting from the investment mentioned in sub section (5), shall be credited to the Fund. 14, (7) ‘The Authority shall within a period of six months after the expiry of each fmancial vear, submit to the State Government, a report giving true and complete accounts of the previous financtal year. (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, duly 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 w) e 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 times. 16. The State Government may, from time to time, issue such directions to the Authority, as in its opinion are necessary and expedient for carrying out the purposes of thts Act. The directions so issued, shall be sas on the Authority. 17. (7) The State Government may, by notification, in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the Power to issue directions. Power to make rules. foregoing power, such rules may provide for all or any of the following — matters, namely -—— fa) to prescribe the persons amongst whom the members of the Consultative Committee shall be nominated under sub-section (7) of section 8 ; (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 registration under sub-section (/) of section 10 ; and (d) to prescribe the amount of fine for violation as envisaged under sub-section 2} of section 12, (3) Every rule made under this section, shall 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 comprised in one session or.in two or more successive sessions, and if, before the expiry of the session in which tl is so laid or the successive sessions as aforesaid the House agrees in making any modification in the rujes or the House agrees that the rule should not be made, the rule shall thereafter, have effect only m such modified form or be of no effect, as the case may be, so however, that any such modification or annulment, shali be without prejudice to the validity of anything previously done under that rule. 18. (/) The Authority may, from time to time, with the previous sanction of the State Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder for the purpose of giving effect 10 the provisions of ts Act. — Power to make regulations. Power to remove difficulties. Protection of actions taken tn good faith. Delegation. Over-riding elfect, 8 (2) Inparticular and without prejudice to the generality of the foregoing power, such regulations may provide for all.or any of the following matters, namely :-— (a) tospecify the terms and conditions for getting the work gone from other agencies or organisations referred to in sub section (6) of section 3 ; fb} to lay down the procedure to 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 assoctations under section 9 ; and (d) to specify the form and manner for making registration of the dairy animals under sub-section (2) of section 10. 19. (/) Ifany difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order published in the Official Garette, make such provision, not inconsistent with the provisions of this Act, as may appear to It, to be necessary for removing the difficulty : Provided that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section, shall be laid as soon as may be, after it is made before the Legislative Assernbly. | 20..No suit, prosecution or other legal proceedings shall he against the State Government or the Authority or any officer or official of the State Government or the Authority or any officer or official, nominated by the State Government for any action, whichis 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. 21.. The Authority may delegate its functions to any of its officers in view of the exigencies of the work. 22. Save as otherwise provided in this Act, the provisions of this Act, the rules and regulations made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in any other law enacted by the Punjab State Legislature, the rules and regulations made thereunder, for the time bemg tn force. ome e a 9 23. (1) The Punjab Herd Registration Ordinance, 2006 (Punjab Repeal and Ordinance No. | of 2006), is hereby repealed. saving. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (/), shall be deemed to have been done or taken under the corresponding provisions of this Act. 9847 LRIP}—Govt. Press, UT, Chd.