Updated: Monday August 04, 2014/AlEthnien
Shawwal 08, 1435/Somavara
Sravana 13, 1936, at 08:22:14 PM
[1]The
(Act XIII of 2014)
[29 May 2014]
An Act to regulate the livestock breeding services in
the
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
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
(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
(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.
(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, shall prepare a statement of the estimated receipts and
expenditure of the Authority for the financial year in the prescribed manner
and shall submit 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
(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
(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
(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 analysts 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 the
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
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 of
the 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.
[1] This Act was passed by the Punjab
Assembly on 22 May 2014; assented to by the Governor of the
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