The Punjab Herd Registration Act, 2006

(1) This Act may be called the Punjab Herd Registration Act, 2006. (2) It shall come into force at once.

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 :— (i) 'pure' ... a breed with characters maintained through generations of unmixed descend as recognised by the Authority ; (ii) 'distinct' ... a separate breed having distinct characters as recognised by the Authority ; and (iii) 'evolving' ... a group of dairy animals in the process of evolving into a new breed ; (c) "dairy animal" means a cow or a buffalo, which includes its offspring ; (d) "embryo" means the embryo of a cow or a buffalo ; (e) "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 base ; (g) "Fund" means the Fund established and maintained by the Authority under sub-section (1) of section 13 of this Act ; (h) "identification" means an act of distinguishing an animal by the marking or tagging it ; (i) "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 ; (l) "registration certificate" means a registration certificate issued by the Authority under this Act; (m) "regulations" means regulations made by the Authority under this Act ; (n) "section" means a section of this Act ; (o) "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.

(1) As soon as may be, after the commencement of this Act, the 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 (1), 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 shall, by the said name, sue and be sued. (3) The Authority established under sub-section (1), shall consist of the following members, namely :— (i) the Secretary to Government of Punjab, Registrar General Department of Animal Husbandry, Fisheries and Dairy Development ; (iii) the Director, Animal Husbandry, Punjab ; (iv) the Director, Dairy Development, Punjab ; and (v) One representative of Government of India, Ministry of Agriculture, Department of Animal Husbandry and Dairying. Member (4) The Registrar General, shall be the Chief Executive of the Authority to implement 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 or by appointing persons by the Authority on contract basis. (6) The Authority may also get the work of registration done by any other agency or organisation, associated with herd registration on such terms and conditions.

The headquarters of the Authority shall be at Chandigarh or at such place, the State Government may specify.

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 meetings, as may be laid down by it in the regulations.

Subject to the provisions of this Act and the rules framed thereunder, the Authority shall make registration, identification and to create and maintain reliable data-base of pedigree and production of every dairy animal. (7) In particular, and without prejudice to the generality of the foregoing provisions, the Authority shall have the powers :- (a) to formulate a detailed plan to implement the herd registration ; (b) to register all dairy 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 ; (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 (g) to issue semen certificate or embryo certificate in such form and containing such particulars, as may be specified in the regulations.

(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) 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 factual details about each dairy animal, kept by its owner ; (c) to acquire, hold or dispose of movable or immovable 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 its property to secure its obligation ; (f) 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.

(1) The Authority may, set up a Consultative Committee of experts consisting of not more than seven members to 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. (2) The members of the Consultative Committee shall be entitled to receive such travelling allowance and daily allowance, as may be prescribed.

Initially, the Authority shall 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 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.

(1) 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.

(1) 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 (1), shall be the conclusive proof of the breed and other characteristics of the dairy animal.

(1) It shall be mandatory on the part of the dairy owner to get his dairy animal registered and he shall,— (a) extend full co-operation to the Authority or agency or organisation referred to in sub-section (6) of section 3 to accomplish the objectives of the Authority ; (b) provide access to the dairy animals in his possession to the Authority and provide a distinct identification to the animal ; (c) 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 (d) not violate any of the provisions of this Act, rules or regulations made thereunder. (2) In case of violation of any of the provisions of sub-section (1) by the owner, he shall be liable to such fine, as may be prescribed.

(1) The Authority shall establish and maintain its own Fund to which shall be credited,— (a) all moneys received by the Authority from the State Government and the Central Government by way of grants, loans, advances or otherwise ; (b) 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 immovable ; (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 incurred 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 in such other manner, as it may determine from time to time. (6) The income resulting from the investment mentioned in sub-section (5), shall be credited to the Fund.

(1) Within a period of six months after the expiry of each financial year, the Authority shall submit to the State Government, a report giving true and complete accounts of the previous financial 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.

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 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.

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 this Act. The directions so issued, shall be binding on the Authority.

(1) 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 foregoing power, such rules may provide for all or any of the following matters, namely :— (a) to prescribe the persons amongst whom the members of the Consultative Committee shall be nominated under sub-section (1) 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 (1) 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 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 rule should not be made, the rule 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 previously done under that rule.

(1) 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 to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :— (a) to specify the terms and conditions for getting the work done from other agencies or organisations referred to in sub-section (6) of section 3 ; (b) 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 associations under section 9 ; and (d) to specify the form and manner for making registration of the dairy animals.

(1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order published in the Official Gazette, 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 Assembly.

No suit, prosecution or other legal proceedings shall lie 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, 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.

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

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 being in force.

(1) The Punjab Herd Registration Ordinance, 2006 (Punjab 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 (1), shall be deemed to have been done or taken under the corresponding provisions of this Act.