(1) Where it is apprehended by the Authority, that any person, firm, company or Non-Governmental Organization is engaged in the bovine breeding services or trading and supply of semen/embryo in contravention of the provisions of this Act or rules made there under, the Authority or any officer authorized by it, may file a complaint in the Court of Judicial Magistrate First Class for restraining the said person from carrying out the said activity.
(2) On receipt of an application under sub-section (I), the Court may 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 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.- 2 2 . (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, importexport or use of unauthorized semen or misbranded or sub-standard semen shall be a cognisable offence under this Act. • * Chapter V : Miscel laneous 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 a n d officials of made thereunder shall be deemed to be public servants within the meaning of l e u o n t y t o o ^ D e 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. . - * * Protection *ff action taken in good luiili.
Power of Government to make rules.
Power to remove difficulties.
Funds of the Authority.
Repeal and Saving.
V 70 PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 (VYSK23, J938SAKA) \ A \
23. No suit or other legal proceedings shall lie against any member, officer or officials, of the Authority in respect of anything which is in good faith and public interest, done or intended to be done in pursuance of this Act or the rules made thereunder.
29. (I) The 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 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.
30. (I) If any difficulty arises in giving effect to the provisions of this 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 Department of Animal Husbandry, Punjab.
32. (I) The Punjab Livestock Improvement Act, 1953 (Punjab Act 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