THE PUNJAB LIVESTOCK BREEDING ACT 2014
(XIII OF 2014)
[29th May, 2014]
An
Act
to regulate the
livestock breeding services in the Punjab.
Preamble.– Whereas it is expedient to
provide for regulation of livestock breeding services, to improve genetic
potential of breeds and protect indigenous breeds of livestock in the Punjab
and to deal with ancillary matters;
It is enacted as follows:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.– (1) This Act may be cited as the Punjab Livestock
Breeding Act 2014.
(2)
It extends to whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.–
In this Act–
(a)
“artificial insemination” means the technique used for
inserting the semen into the female reproductive tract by artificial means;
(b)
“artificial insemination technician” means a person
meeting the
requirements as defined in this
Act and duly registered by the Registrar;
(c)
“Authority” means the Livestock Breeding Services
Authority established under section 3;
(d)
“breeder” means the owner of the female (dam) mother;
(e)
“breeding male” means a candidate, proven or natural
breeding male
animal of a species fulfilling the
criteria spelt out under the Act;
(f)
“breeding services” means any one or more of the
following services:-
(i)
artificial insemination;
(ii)
semen production;
(iii)
semen collection;
(iv)
genetic evaluation;
(v)
testing of semen or ova;
(vi)
embryo implantation;
(vii)
import of semen; and
(viii)
any other service that may be notified by the
Government as a breeding service;
(g)
“Code” means the Code of Criminal Procedure, 1898(V of
1898);
(h)
“collection and production facility” means the premises
where semen, ova or embryo are collected, processed or produced for artificial
insemination, implantation or conservation;
(i)
“embryo” means a structure developed as a result of
fusion of male sperm and female ova reproductive cells;
(j)
“farm” means a site or premises where livestock is
kept;
(k)
“Government” means Government of the Punjab;
(l)
“herd book” means a book containing the list and
pedigrees of one or more herds of choice breeds also called herd record, or
herd register.
(m)
“livestock” means cattle, buffalo, sheep, goat, camel,
horse and other useful animals kept or raised on a farm, ranch or house;
(n)
“ova” means a female reproductive cell produced by the
ovary;
(o)
“prescribed” means prescribed by the rules or
regulations;
(p)
“recognized expert” means an expert who fulfills the
requirements
specified by the Registrar;
(q)
“Registrar” means the Registrar of Livestock Breeding
Services appointed under section 3;
(r)
“semen” means the male sperm and fluids produced in the
testicles and other glands of the male’s reproductive system;
(s)
“species” means a group of related animals belonging to
the same biological classification which can freely interbreed to produce
fertile progenies;
(t)
“veterinarian” means a veterinary graduate registered
with the Pakistan Veterinary Medical Council; and
(u)
“zoo technical certificate” means a certificate
detailing the identity, ancestry, blood type and performance or progeny test
results.
CHAPTER II
LIVESTOCK BREEDING SERVICES AUTHORITY
3.
Livestock
Breeding Services Authority.– (1) The Government shall establish a
Livestock Breeding Services Authority consisting of such number of personnel as
the Government may notify.
(2)
The Authority shall be a body corporate having
perpetual succession and a common seal with power to acquire, hold and dispose
of property and shall, by the aforesaid name, sue and be sued.
(3)
The affairs of the Authority shall, under the general
supervision of the Authority, be managed and administered by the Registrar of
Livestock Breeding Services.
(4)
The Government shall appoint Registrar for a term not
exceeding three years.
(5)
A person shall not be appointed as the Registrar unless
he holds a degree in veterinary science or animal production and at least ten
years experience in the prescribed fields.
(6)
The Registrar shall not, at any time, have business
interests in any of the breeding services under the Act.
4.
Fund.–
(1) There shall be established a Fund to be known as the Livestock Breeding
Services Authority Fund which shall be administered and controlled by the
Authority.
(2)
The Fund shall consist of–
(a)
budgetary releases from the Government;
(b)
grants made by the Government, the Federal Government
or any other authority or agency;
(c)
fee and charges collected and profits earned by the
Authority; and (d) income from any
other source.
5.
Budget and
accounts.– (1) The Authority, before the commencement of a financial year,
prepares a statement of the estimated receipts and expenditure of the Authority
for the financial year in the prescribed manner and submits it to the
Government for consideration and approval.
(2)
The Authority shall maintain proper accounts and other
records relating to its financial affairs including its income and expenditures
and its assets and liabilities in such form and manner as may be prescribed.
(3)
The Authority may open and maintain its accounts at
such scheduled banks as it may determine.
6.
Audit.–
(1) The Auditor General of Pakistan shall annually audit the accounts of the
Authority.
(2)
The Government, in addition to the audit under
subsection (1), may cause the annual accounts of the Authority audited, in the
prescribed manner, by a Chartered Accountant or a firm of Chartered
Accountants.
7.
Functions of
the Authority.– The Authority shall–
(a)
regulate provision of breeding services in accordance
with the provisions of the Act;
(b)
raise awareness regarding standards and quality of
breeding services; and
(c)
conserve and develop local genetic resources.
CHAPTER III
STANDARDS AND PROCEDURES OF BREEDING
8.
Standards
for selection of breeding animals.– The Authority shall, within twelve
months of the commencement of the Act, issue standards and procedures for–
(a)
selection parameters for breeding animals at a
collection and production facility;
(b)
parentage confirmation of breeding males before entry
at a collection and production facility, farm or any breed improvement program;
and
(c)
animal registration and performance recording for
identification of elite dams and test mating under a performance recording and
genetic evaluation program.
9.
Standards
for collection and production facilities.– The Authority shall, within
twelve months of the commencement of the Act, issue–
(a)
standards to be maintained at a collection and
production facility;
(b)
equipment requirements at a collection and production
facility; and
(c)
processes and procedures to be employed for extraction,
preservation, processing and transport of semen, ova and embryos.
10.
Standards
for use of semen, ova and embryos.– The Authority shall, within
six months of the commencement of the Act, issue regulations
for–
(a)
semen handling and artificial insemination at a farm;
(b)
natural mating of livestock at a farm;
(c)
exotic semen and usage of exotic semen; and
(d)
import of semen in accordance with the provisions of
the Act.
11.
Standards
for artificial insemination technicians.– The Authority shall, within six
months of the commencement of the Act, issue regulations specifying standards
to be fulfilled by artificial insemination technicians including training,
infrastructure and other requirements.
12.
Contents of
certificates.– The Authority shall, within six months of the
commencement
of the Act, specify the form and content of– (a) pedigree certificates for animals, semen and ova;
(b)
zoo technical certificates;
(c)
health certificates; and
(d)
such other certificates as may be notified by the
Government to be issued by any person, body or authority.
13.
Requirement
of certificates.– The Registrar may, subject to the rules, specify certificates,
which must accompany semen, ova, embryo, animal or any other thing under the
Act.
14.
Authority
and Registrar to act in consultation with the committee.– (1) In the
framing of standards and procedures under this Chapter, the Authority and the
Registrar shall take into consideration international practices and advice of a
technical committee to be appointed by the Government.
(2)
The committee shall consist of the following persons:-
(a)
a breeding expert having relevant qualifications and
experience; (b) an academician
having relevant qualifications and experience; and (c) a veterinarian having relevant qualifications and
experience.
CHAPTER IV
RECORDING OF PEDIGREE AND PERFORMANCE
15.
Breeders
associations.– (1) The Registrar may approve a breeders association for
purposes of breed development and promotion of livestock, if the association–
(a) has headquarter located in the
Punjab;
(b)
has a separate legal personality;
(c)
fulfills the requirements specified in the Act; rules
or regulations;
(d)
is maintaining a herd book;
(e)
has rules of procedure; and
(f)
can carry out checks necessary for recording pedigrees.
(2)
Where a breeders association has already been approved
for one breed, the Registrar may not grant approval to another association, if
he is satisfied that the granting of approval may endanger the preservation of
the breed or jeopardize the zoo technical program of the breeders association
already approved.
(3)
A breeders association shall be open to membership to
any person who owns animals of that breed.
(4)
The Registrar shall not approve a breeders association
unless the association has published procedures covering–
(a)
definition of the breed’s characteristics, including
the name of the breed;
(b)
identification and registration of animals in the
prescribed manner and content of the data base required by the Registrar;
(c)
system for recording pedigrees;
(d)
definition of its breeding objectives, which in case of
the establishment of a herd book for a new breed shall include detailed
circumstances of establishment of the new breed;
(e)
systems for making use of livestock performance data;
and
(f)
divisions of the herd book, if there are different
conditions or procedures for entering animals or for classifying the animals
entered in the book.
16.
Monitoring
of genetic merit.– An approved breeders association or private undertaking
shall, in respect of herd-books and registers which it maintains, calculate, or
make arrangements to have calculated, the genetic merit of pure-breed and
hybrid breeding animals entered or registered in those herd-books or registers.
17.
Maintenance
of herd books.– (1) a breeders association shall prescribe standards for
the breed with the prior approval of the Registrar.
(2)
An entry in the herd book shall be made only if it
relates to an offspring of an animal already registered in the herd book or
when it is certified by a recognized expert to be an animal of that breed in
accordance with parameters laid down by the Registrar.
(3)
A breeders association shall provide a unique herd book
number to each registered animal.
(4)
A breeders association shall ensure that the records of
every animal entered in the herd-book are available for search to any buyer on
payment of an approved fee.
(5)
Where an animal is entered in a herd-book and the
animal or one of its parents is already entered in another existing herd book,
reference shall be made to that information.
18.
Prohibition
on sale of unregistered animals.– (1) The Government may prohibit, at any
time after five years of the opening of a herd book of an approved breeders
association, by notification, the sale of pure bred animals of that breed for
breeding unless registered in the herd book of that breed.
(2)
Where a notification has been issued under subsection
(1), no person shall sell or offer or advertise for sale a pure bred animal of
a particular breed unless it is registered in a herd book of that breed.
19.
Steps for
conservation of near threatened indigenous breeds.– The
Authority shall take suitable steps for–
(a)
recording or promoting recording of pedigree and
performance recording
of livestock;
(b)
promotional activities for conservation of livestock;
and
(c)
survival of near threatened indigenous breeds
including–
(i)
sponsoring establishment of breeders associations for
indigenous breeds; and
(ii)
monitoring genetic variability of indigenous breeds.
CHAPTER V
REGISTRATION AND LICENSING
20.
Registration
of breeding males.– A person shall not run a collection and production
facility unless he obtains, in the prescribed manner, registration of the
breeding males from the Registrar.
21.
Registration
of businesses.– Every person involved in the provision of breeding services
shall, in the prescribed manner, obtain registration from the Registrar.
22.
Registration
fee or renewal fee.– (1) The Government shall, by notification, fix the
amount of fee for registration, issuance of licenses and certificates or
renewal thereof under the Act.
(2)
The Registrar shall charge and the applicant shall pay
the fee fixed by the Government.
23.
Prohibition
on registering facilities and person not complying with criteria.– The
Registrar shall not grant registration to any person, facility or
establishment, who or which does not fulfill the criteria established under the
Act or does not provide information which may be required for determining
capacity or compliance under the Act.
24.
Power to
issue licenses and certificates.– (1) Where a collection and production
facility or other establishment involved in provision of breeding services is
registered under this Act, the Registrar may grant a license to the facility or
establishment for operating for such period of time as may be prescribed and on
such other conditions as may be specified in the license.
(2)
Where a person, providing natural breeding services,
has obtained registration, the Registrar shall grant him a certificate of
competency for such period as may be prescribed.
25.
Cancellation
or suspension of license.– (1) Where any person is found to have
contravened any of the provision of the Act, rules or regulations, the
Registrar may suspend or cancel the license.
(2)
The Registrar shall provide a license holder an
opportunity of being heard before passing an order under subsection (1).
26.
Appellate
Board.– (1) The Government shall constitute an Appellate Board for the
disposal of appeals against the decisions of the Registrar.
(2)
Any person aggrieved by a decision of the Registrar
regarding refusal of grant of a license or certificate or cancellation of a
license or certificate issued under the Act may, within thirty days of the
communication of the decision, prefer an appeal to the Appellate Board.
(3)
The Appellate Board shall consist of the Secretary,
Government of the Punjab, Livestock Department and a technical member appointed
by the Government in the prescribed manner.
(4)
The Appellate Board shall dispose of an appeal within
thirty days in accordance with the prescribed procedure.
27.
Publication
of names of licensed businesses and facilities.– The Authority shall
publish an annual list of licensed collection and production facilities and
such other breeding services as may be specified and shall place the names of
the said facilities and services on the official website of the Authority.
CHAPTER VI
ENFORCEMENT
28.
Appointment
of analyst or experts.– (1) The Government may appoint or
recognize suitably qualified institutions or persons as analysts
or experts for purposes of carrying out analysis or tests under the Act.
(2)
Analysts or experts shall have such qualifications and
experiences as may be prescribed.
29.
Third party
services.– (1) Notwithstanding anything contained in section 28, the
Government may recognize a company for provision of analysis and testing
services and inspection of establishments for purposes of ensuring compliance
under the Act, if the company has–
(a)
a system of record keeping;
(b)
a system of third party evaluation;
(c)
procedures for quality test;
(d)
facilities for obtaining and preserving samples;
(e)
approved laboratory facilities for conduct of analysis
and testing; and
(f)
requisite number of analysts or experts in its
employment who fulfill the requirements of subsection (2) of section 28.
(2)
Where a company is recognized for purposes of
subsection (1), the Registrar may procure services of such a company for
purposes of ensuring compliance with the provisions of the Act.
30.
Appointment
of Inspector.– (1) The Government may, by notification, appoint Inspectors
for purposes of enforcing the penal provisions of the Act.
(2)
The Inspectors shall have such qualifications and
experience as may be prescribed but a person shall not be appointed or
designated as an Inspector who has any financial interest in any matter
regulated under the Act.
(3)
Without prejudice to the authority of the Registrar,
the Government may place the control and administration of Inspectors with a
local government to such extent as it may deem appropriate.
31.
Powers and
duties of Inspectors.– (1) An Inspector may, within local limits for which
he is appointed, and in any other area on the directions of the Authority or
the Government, enter, inspect and take samples for determining compliance with
any provision of the Act, rules or regulations.
(2)
In the conduct of inspections, entry and taking of
samples, an Inspector shall act in accordance with any procedure as may be
prescribed.
(3)
An inspector may take into possession or seal
substandard semen or any other product or equipment subject to regulation under
the Act.
CHAPTER VII
PENALTIES AND PROCEDURES
32.
Penalties.–
(1) If any person contravenes any order made under the Act or violates a
requirement of the Act or any standard or procedure issued under the Act, he
shall be punished with imprisonment for a term which may extend to one year or
with fine up to five hundred thousand rupees or both.
(2)
If any person sells any substandard product or service
which is regulated under the Act, the Tribunal may, on conviction, destroy such
semen or product and may order recovery of any charges that may be incurred on
such destruction.
33.
Prohibition
on conduct of business without obtaining registration.– No person shall
conduct a business for which a license or registration is required under the
Act without having valid registration or license issued in accordance with the
provision of the Act.
34.
Attempts and
abetments.– Any person who attempts to contravene or abets the
contravention of any order made under this Act shall be deemed to have
contravened that order.
35.
Offences by
company.– If the person contravening an order made under the Act is a
company, every director, manager, secretary or other officer or agent thereof
shall, unless he proves that the contravention took place without his knowledge
or that he exercised all due diligence to prevent such contravention, shall be
deemed to be guilty of such contravention.
36.
False
statements.– If a person is required by an order made under the Act to make
any statement or furnish any information and he makes a statement or furnishes
information which is false in any material particular and which he knows or has
reasonable cause to believe to be false, or does not believe to be true, or
makes any such statement as aforesaid in any book, account, record,
declaration, return or other document which he is required by any such order to
maintain or furnish, he shall be punished with imprisonment for a term which
may extend to one year or with fine which may extend to one hundred thousand
rupees or both.
37.
Trial by
Tribunal.– An offence punishable under the Act shall be exclusively triable
by a Tribunal constituted under the Act.
38.
Constitution
of Tribunals.– (1) The Government may, by notification, constitute, for the
whole or any part of the Province, one or more Tribunals consisting of not less
than one technical and one judicial member.
(2)
A person shall not be appointed as a judicial member
unless he has ten years’ experience as an Advocate of the High Court or he is
or has been an Additional Sessions Judge.
(3)
The Government shall appoint a judicial member in
consultation with the Lahore High Court.
(4)
A technical member shall have not less than ten years’
experience as a breeding expert and a degree in animal breeding or animal
production.
(5)
The Government shall appoint a judicial member to be
the presiding officer of the Tribunal.
(6)
The Tribunal shall sit at such places and on such days
as Government may, by notification, specify.
(7)
The Government shall issue case management regulations
for disposal of business by the Tribunal, which amongst other things shall
specify maximum time to be taken for disposal of cases.
39.
Powers of
Tribunals.– A Tribunal may pass any sentence and exercise all or any of the
powers, which a Magistrate of the First Class empowered under section 30 of the
Code, may pass or exercise under the Code.
40.
Appeal.–
A person who is sentenced by the Tribunal, may, within thirty days of the
sentence, prefer an appeal to the Lahore High Court.
41.
Procedure.–
(1) An offence under the Act shall be
cognizable and bailable.
(2)
The procedure for trial of offences under the Act shall
generally be the same as is laid down in the Code for trials on the basis of a
police report.
(3)
Nothing in this section shall preclude the Tribunal
from following procedure laid down in the Code for summary trial or trial of
summons cases by Magistrates.
42.
Bar of
jurisdiction.– No order made in exercise of any power conferred by or under
the Act shall be called in question in any Court except in the manner provided
for under the Act.
43.
Burden of
proof in certain cases.– Where
any person is prosecuted for contravening any order made under the Act or for
contravening the Act the burden of proof that he acted in accordance with the
Act shall be on that person unless such a burden be inconvenient for the person
to discharge.
CHAPTER VIII
MISCELLANEOUS
44.
Power to
make rules.– (1) The Government may, by notification in the official
Gazette, make rules for carrying out the purpose of the Act.
(2)
In particular and without prejudice to the generality
of the foregoing provision, such rules may provide for–
(a)
The manner of keeping of accounts;
(b)
Qualification and procedure to be followed for
appointment or recruitment of advisers, consultants, experts, technical staff,
inspectors and analysts;
(c)
Terms and conditions of employment or service of
employees;
(d)
Date on which and the form in which the annual budget
statement of the Authority shall be submitted to the Government each year;
(e)
Procedure for appropriation and re-appropriation of
moneys at the disposal of the Authority;
(f)
Form and manner in which the accounts of receipts and
expenditure of the moneys shall
be kept;
(g)
Such other matters relating to the administration of
the Authority as the Government may think fit;
(h)
Manner in which non-statutory or special audit of the
Authority shall be conducted and reports submitted to the Government; and
(i)
Procedure to be used in the conduct of business by
committees constituted under the Act.
45.
Power to
frame regulations.– Subject to the Act and the rules, the Authority may, by
notification in the official Gazette, frame regulations as may be necessary for
ensuring standards and quality in the provision of breeding services.
46.
Annual
report.– (1) The Authority shall submit an annual report of its activities
to the Government at the end of a financial year.
(2)
The Government shall lay the annual report of the
Authority in the Provincial Assembly of the Punjab.
47.
Disclosures.–
Every provider of breeding services shall disclose to the buyer the origin,
quality and content of the product or service through a label or notice.
48.
Protection
of action taken under the Act.– (1) No suit, prosecution or other legal
proceeding shall lie against any person for anything done or intended to be
done in good faith in pursuance of any provision of the Act or order made under
the Act.
(2)
No suit or other legal proceeding shall lie against the
Government for any damage caused or likely to be caused by anything done or
intended to be done in good faith in pursuance of any order made under the Act.
49.
Delegation
of powers.– (1) The Government may delegate any powers of the Registrar to
any other officer of the Authority subject to such conditions as may be
prescribed.
(2)
The Authority may, in the prescribed manner, delegate
any of its powers to the Registrar or any other officer.
50.
Act to have
overriding effect.– The provisions of the Act shall have effect
notwithstanding anything contrary contained in any other law.
________________________
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