The Haryana Animal (Registration, Certification and Breeding) Act, 2019 (17 of 2019)

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HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

107

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The
13
th
March
, 2019

No. Leg.1
7
/2019.
—

The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 8th March, 2019 and is hereby publishe
d for general
information:
-

HARYANA ACT NO.

1
7

OF 2019

THE HARYANA ANIMAL (REGISTRATION, CERTIFICATION AND BREEDING)

ACT
, 2019

A
N

ACT

for welfare and genetic improvement of animals by regulating animal breeding activities
including use of breeding animals

for production, processing, storage, sale and distribution of
animal semen and embryos by way of artificial insemination, in
-
vitro fertilization, embryo
transfer technology etc. by registration and certification of animals and to prevent victimization
of
the owners of the animals by way of unregulated breeding activity in the State and for the
matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventieth Year of the
Republic of India as follow
s:
–

(1)

This Act may be called the Haryana Animal (
Registration, Certification and

Breeding) Act, 2019.

(2)

It shall come into force on the date of its publication in the Official Gazette.

(3)

It shall apply to bovine at the first instance and to su
ch animals, as the Government
may, by notification, specify.

Short title,
commencement
and application.

In this Act, unless the context otherwise requires,
-

(1)

“animal” means all domestic animals and excludes those animals included in the
Schedules to th
e Wildlife (Protection) Act, 1972 (Central Act 53 of 1972);

(2)

“animal breeder” means any person, organization, firm or agency engaged or
associated in animal breeding activities;

(3)

“animal registration” means registration by way of entry of details of individu
al
animals in State Herd Book by the registering authority;

(4)

“artificial insemination” means the technique and procedure used for depositing
liquid or frozen
-

thawed semen into the mature female reproductive tract by
artificial means;

(5)

“Animal Registration A
uthority” means the authority constituted under section 3;

(6)

“Animal Certification Authority” means the authority constituted under section 4;

(7)

“Animal Breeding Regulatory Authority” means the authority constituted under
section 5;

(8)

“bovine” means any animal o
f cattle and buffalo group such as cow, cow
-
bull,
cow
-
heifer, buffalo, buffalso
-
bull and buffalo heifer;

(9)

“certification” means an action or process of providing an official document under
the seal of Animal Certification Authority;

(10)

“certified animal” means

an animal certified by the Animal Certification Authority;

(11)

“embryo” means an early stage of development up to blastocyst stage, developed
in
-
vitro or in vivo as a result of fertilization of animal female ovum by animal
sperm either in fresh or cryo
-
prese
rved state;

(12)

“embryo transfer technology” means the technique and procedure used for transfer
of in
-
vitro produced embryo to the reproductive tract of female recipient;

(13)

“Government” means the Government of the State of Haryana in the administrative
departme
nt;

Definitions.

108

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(14)

“in
-
vitro fertilization” means an advanced reproductive technology used for
production of embryos in in
-
vitro condition for transfer;

(15)

“in
-
vitro fertilization expert or embryo transfer technology expert” means a person
having post
-
gradua
te degree in the specialized field of Veterinary Gynaecology,
Veterinary Physiology, Animal Genetics or Breeding and Animal Biotechnology;

(16)

“premises” means any place, land, yard, building, vehicle or any other site that is
used for quarantine station, seme
n or embryo production, processing, storage,
transportation, distribution, trade or utilization;

(17)

“ prescribed” means prescribed by the rules made under this Act;

(18)

“quarantine station” means an approved and licensed premises for the isolation and
examinatio
n of animals or animal products intended for import or export;

(19)

“semen” means the semen or sexed semen of an animal in any form excluding
substandard semen;

(20)

“semen bank” means a premises where the animal semen is stored for trading or
distribution;

(21)

“semen s
tation” means a premises where a facility is setup for production,
processing and storage of animal semen;

(22)

“services” means the animal breeding services and includes such other services, as
may be specified;

(23)

“sexed semen” means
semen

having sperms to prod
uce more progenies of a
desired
sex
;

(24)

“sexed
embryo
” means embryo of a desired sex

to produce more progenies;

(25)

“ State” means the State of Haryana;

(26)

“State Herd Book” means a book of record maintaining the detailed data of
animals of the State;

(27)

“sub
-
standard

embryo” means embryo which does not meet the specified
standards;

(28)

“sub
-
standard semen” means semen fresh or frozen semen that do not meet the
prescribed standards;

(29)

“veterinarian” means a registered veterinary practitioner as defined in the Indian
Veterin
ary Council Act, 1984 (Central Act 52 of 1984).

Constitution of
Animal
Registration
Authority.

(1)

The Government shall, by notification in the Official Gazette, for the purpose of
registration of animals under this Act, constitute an authority to be k
nown as the Animal
Registration
Authority

which shall consist of the following members, namely:
-

(a)

Director General, Animal Husbandry and Dairying
Department, Haryana

Chairperson

(b)

Managing Director, Haryana Livestock Development
Board

Member

(c)

one

veterinarian posted at Animal Husbandry and
Dairying Department, Haryana

Member

(d)

a veterinarian not below the rank of Deputy Director
or eminent veterinarian with at least fifteen years
experience in the Animal Husbandry and Dairying
Department, Ha
ryana or Haryana Livestock
Development Board or Lala Lajpat Rai University of
Veterinary and Animal Sciences, to be nominated by
the Government

Member
-
Secretary

(2)

The headquarter of the Animal Registration Authority shall be at Panchkula,
Haryana.

(3)

The
registration

of animals shall be voluntary and only registered animals shall be
offered for applying for certification.

HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

109

(1)

The Government shall, by notification in the Official Gazette, for the purpose of
certification of animals under this A
ct, constitute an authority to be known as the Animal
Certification Authority which shall consist of the following members, namely:
-

(a)

Head of Animal Genetics and Breeding Department,
Lala Lajpat Rai University of Veterinary and Animal
Sciences

Chairpers
on

(b)

one expert from Livestock Production Management,
Lala Lajpat Rai University of Veterinary and Animal
Sciences or Animal Husbandry and Dairying
Department, Haryana with at least fifteen years
experience

Member

(c)

one representative from Animal Hus
bandry and
Dairying Department, Haryana not below the rank of
Sub
-
Divisional Officer or eminent veterinarian with
at least fifteen years experience

Member

(d)

one expert from Animal Genetics Department, Lala
Lajpat Rai University of Veterinary and Animal
Sciences or Animal Husbandry and Dairying
Department, Haryana with at least fifteen years
experience

Member
-
Secretary

(2)

The headquarter of the Animal Certification Authority shall at the location
specified by the Animal Genetics and Breeding Departmen
t, Lala Lajpat Rai University of
Veterinary and Animal Sciences, Hisar, time to time.

Constitution of
Animal
Certification
Authority.

(1)

The Government shall, by notification in the Official Gazette, constitute an
authority to be known as A
nimal Breed
ing Regulatory Authority which shall consist of the
following members, namely:
-

(a)

an eminent breeder or veterinarian, to be
nominated by the Government

Chairperson

(b)

Director General, Animal Husbandry and
Dairying Department, Haryana

Member

(c)

Manag
ing Director, Haryana Livestock
Development Board

Member

(d)

Director of Research or his representative not
below the rank of Professor or Principal
Scientist, Lala Lajpat Rai University of
Veterinary and Animal Sciences

Member

(e)

Head of Animal Genetic
s and Breeding
Department, Lala Lajpat Rai University of
Veterinary and Animal Sciences

Member

(f)

one eminent veterinarian experienced in
semen or embryo production, to be nominated
by the Government

Member

(g)

one eminent animal breeder, to be nomi
nated
by the Government

Member

(h)

one eminent reproduction specialist, to be
nominated by the Government

Member

(i)

a veterinarian of the rank of Deputy Director
or eminent veterinary expert with fifteen

years experience from the Animal Husbandry

and
Dairying Department, Haryana, to be
nominated by the Government

Member
-
Secretary

Constitution of
Animal Breeding
Regulatory
Authority.

110

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(2)

The headquarter of the Animal Breeding Regulatory Authority shall be at
Panchkula, Haryana.

(3)

No animal br
eeder shall carry on or continue any animal breeding activity unless
he has obtained a certificate of registration in respect of premises being used or intended to be
used by him for breeding of animal,
production, processing, storage, sale and distributio
n of
animal semen
and

embryos

from the Animal Breeding Regulatory Authority.

Member
-
Secretary.

The affairs of the authorities shall be managed and administered by the respective
Member
-
Secretary.

Registration of
animals.

Any person desirous to reg
ister his animal shall make an application to the Animal
Registration Authority or any person authorized by it, in such manner, containing such particulars
and such fee, as may be prescribed and after considering his application and satisfying itself that
animal meets the particular claimed and is disease free and vaccinated, the authority shall enter
such detailed data in the State Herd Book and register the animal.

Certification of
animals.

Any person desirous for certification of animal may apply to
the Animal Certification
Authority for the grant of a certificate in such manner, along with such fee, as may be prescribed
and after considering his application and satisfying itself in such manner, as may be prescribed
that the animal to be registered ha
ve specific characteristics or parameters, as may be prescribed,
shall issue a certificate mentioning therein the breed and its percentage under its seal to the
person concerned.

Functions of
Animal Breeding
Regulatory
Authority.

For the purpose of th
is Act, the Animal Breeding Regulatory Authority shall
–

(a)
implement the breeding policy framed by the Government;

(b)

regulate the production, storage, sale and use of semen and embryos produced
within or outside the State or imported from any other co
untry;

(c)

(d)

(e)

certify the trained artificial insemination workers or in
-
vitro fertilization or embryo
transfer technology technicians for pr
oviding animal breeding activities in the
State;

(f)

perform such other functions, as may be prescribed;

(g)

supervise the Animal Registration Authority and Animal Certification Authority.

Meetings.

10.

(1)

Every authority shall meet at such time and plac
e, as the concerned Member
-
Secretary may determine in consultation with the Chairperson and shall observe such procedure
with regard to the transaction of its business at such meetings, as may be prescribed.

(2)

The quorum for the transaction of business
at a meeting shall be minimum two
-
third of the total members including the Chairperson.

Staff.

11.

The authorities may discharge its duties through the staff of Animal Husbandry and
Dairying Department, Haryana or Haryana Livestock Development Board or La
la Lajpat Rai
University of Veterinary and Animal Sciences or through any other person so authorized. They
may also outsource or get on deputation such number of officers and with such veterinary
qualifications and experience, as may be prescribed as they

may consider necessary for the
efficient discharge of its functions

Powers of
authorities.

12.

For the discharge of the functions conferred on the authorities under this Act, the
authorities or any officer empowered by it in this behalf shall have the p
ower to obtain any
required information from any semen station, semen bank or in
-
vitro fertilization or embryo
transfer technology laboratory or related person associated in animal breeding activities.

Registration of
semen station and
animal breeder.

13.

(1)

N
o premises shall be used or intended to be used for establishment and operation as
a semen station for production and storage of semen doses for artificial insemination or
production without obtaining a certificate of registration from the Animal Br
eeding Regulatory
Authority.

HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

111

(2)

Any person who desires to establish and operate a semen station shall make an
application for registration or renewal in such form, along with such fee, as may be prescribed.

(3)

The existing semen stations shall apply t
o the Animal Breeding Regulatory
Authority for grant of certificate of registration in such form along with such fee, as may be
prescribed within three months from the date of commencement of this Act. They shall also
declare the current stock of semen alo
ng with such other details, as may be prescribed.

(4)

Applicants intending to set up a new semen station or the existing semen stations,
who have submitted application form along with fee, shall be issued a provisional certificate of
registration to meet
the conditions specified in sub
-
section
(6)
of this section. The provisional
certificate of registration shall be valid for a period of six months. It may be extended for a
further period of six months on the request of the applicant, in writing on payment

of such fee, as
may be prescribed.

(5)

For the grant of permanent certificate of registration for a new semen station or the
existing semen station, the applicant shall apply to the Animal Breeding Regulatory Authority for
inspection of his facility wit
hin the above six months or the extended period of six months,
whichever applicable. The Animal Breeding Regulatory Authority shall thereupon, constitute a
committee of experts for such inspection and take a report from the committee of experts.

(6)

The A
nimal Breeding Regulatory Authority, after satisfying itself that,
-

(A)

the semen station,
-

(i)

has such quarantine station, as may be specified by the
Animal
Breeding Regulatory Authority
or the Government of India;

(ii)

has premises for the rearing and

housing of male animals and the
collection, processing, quality control, storage, distribution and
quarantine of semen doses, as may be specified by the Animal
Breeding Regulatory Authority or the Government of India; and

(iii)

has premises for the storag
e of semen doses, as may be specified by
the Animal Breeding Regulatory Authority or the Government of
India;

(B)

every male animal used in the semen station for production of semen doses,
-

(i)

has tested negative to such tests, as may be specified by the
Animal
Breeding Regulatory Authority or the Government of India,
-

(a)

prior to its entry to a quarantine station;

(b)

during quarantine period at a quarantine station;

(c)

during rearing at a rearing station and at the semen station;

(ii)

conforms
to breed characteristics of the breed and meets the minimum
standards for various traits in terms of quantity and quality, as may be
specified by the Animal Breeding Regulatory Authority or the
Government of India;

(C)

the semen station maintains accura
te details of the animal, whose semen
doses it produces, stores, sells, distributes or proposes to distribute for
artificial insemination in such format, as may be prescribed,
-

shall grant the certificate of registration to a new semen station or the exist
ing
semen station clearly specifying the name, address, registration number of the
semen station, unique identification number of certified male animals to be used for
semen production, name of the in
-
charge of the semen station and such other
particulars,

as it may deem fit.

(7)

The certificate of registration granted to semen station shall be valid for a period of
three years from the date of its issue.

(8)

An application for renewal of certificate of registration shall, be made in such
form, alo
ng with such fee, as may be prescribed, at least three months before the expiry of the
certificate of registration. The Animal Breeding Regulatory Authority after satisfying itself that
the conditions specified in sub
-
section
(6)
have been adhered to, rene
w the registration for a
further period of three years.

112

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(9)

The Animal Breeding Regulatory Authority may, after giving the applicant an
opportunity of being heard and for reasons to be recorded in writing, refuse to grant or renew the
certificate of

registration of the animal breeder or breeding facility or semen station or semen bank.

(10)

Any new male animal that meets the standards for semen production shall not be
inducted in the semen station for semen or sexed semen production without the nece
ssary
certification from the Animal Certification Authority.

(11)

Death or culling of certified animal shall be informed to the Animal Breeding
Regulatory Authority forthwith with a copy of report stating therein the cause of death and frozen
semen stock

available of that animal at the time of the death of the animal.

(12)

The Animal Breeding Regulatory Authority shall send a committee of experts to
inspect a semen station as and when desired, but at least once in a year and shall also collect the
froze
n semen samples at random for parentage verification, to ensure compliance of the conditions
specified in the certificate of registration.

Registration of
semen banks.

14.

(1)

Within three months from the date of commencement of this Act, no premises shal
l
be used or intended to be used to establish and operate a semen bank without obtaining a
certificate of registration under this Act.

(2)

A
person

desirous of obtaining a certificate
of registration under this Act shall apply
in such form, along with suc
h fee, as may be prescribed. The certificate of registration shall be
issued in such manner and subject to such conditions, as may be prescribed.

(3)

It shall be mandatory for the semen bank to signify the numbering patterns upon
each semen straw and uplo
ad the same on the domain which may be accessed by any person and
provide details of the same to the Animal Breeding Regulatory Authority so that the same is
available for the public to check and confirm whether the semen is indeed from that semen bank
and

from the specified certified animal or not.

Certification of
male animals.

15.

(1)

Within three months from the date of commencement of this Act, no new semen
station shall carry out semen production or natural service from any male animals other than t
hose
certified by the Animal Certification Authority.

(2)

A person desirous of obtaining a certificate of
registration of male animals under this
Act shall apply in such form, along with such fee, as may be prescribed.

(3)

The certificate of registratio
n shall be issued in such manner and subject to such
conditions, as may be prescribed.

(4)

The Animal Certification Authority shall generate a unique identification number for
each certified animals and it shall be mandatory for the semen stations to tag
this unique
identification number securely and permanently to the certified animal at all times.

Certification of
animals for
natural service.

16.

(1)

Within three months from the date commencement of this Act, no animal breeder
shall carry on or continu
e any breeding activity through a breeding animal to provide natural
service or breeding services in any form without getting the animal certified and obtaining a
certificate from the Animal Breeding Regulatory Authority as provided in the foregoing provis
ions
of this Act.

(2)

A person desirous of obtaining a certificate
of registration of animals for natural
service under this Act shall apply in such form, along with such fee, as may be prescribed.

(3)

The certificate of registration referred to in sub
-
section
(2)
shall be issued in such
manner and subject to such conditions, as may be prescribed.

(4)

The Animal Certification Authority shall generate a unique identification number for
each certified animals and it shall be mandatory for the semen statio
ns to tag this unique
identification number securely and permanently to the certified animal at all times.

Certification of
trained artificial
insemination
workers.

17.

The trained artificial insemination workers shall be certified by the Animal Breeding
Regulatory Authority in such manner and subject to such conditions, as may be prescribed.

Regulation of
sale of semen.

18.

(1)

No person shall sell, distribute, gift or transfer semen or sexed semen to any person
other than a person authorized by the Ani
mal Breeding Regulatory Authority in this behalf and
without informing the numbering pattern upon each semen straw.

HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

113

(2)

No semen or sexed semen produced outside the State shall be allowed to be sold,
distributed or gifted for artificial insemination or t
ransfer, into the State except with the prior
approval of the Animal Breeding Regulatory Authority and such approval shall be subject to such
conditions, as may be prescribed:

Provided that provisions of sub
-
section (2) shall not apply to semen or sexed
semen
produced with due permission from the concerned department of Government of India.

(3)

No semen or sexed semen shall be imported for use in the State from any other
country, except with the prior approval of the Animal Breeding Regulatory Authority
and such
approval shall be subject to such conditions, as may be prescribed:

Provided that provisions of sub
-
section (3) shall not apply to semen or sexed semen
imported with due permission from the concerned department of Government of India.

19.

(1)

Within

three months
from the date of commencement of this Act, no premises shall
be used or intended to be used to establish and operate an embryo bank or embryo transfer
technology or in
-
vitro fertilization laboratory for production and transfer of embry
os without
obtaining a certificate of registration from the Animal Breeding Regulatory Authority.

(2)

Any person who desires to establish or operate a new embryo bank or embryo
transfer technology or in
-
vitro fertilization laboratory shall make an applica
tion for registration or
renewal to the Animal Breeding Regulatory Authority in such form, along with such fee, as may
be prescribed.

(3)

The existing embryo bank or embryo transfer technology or in
-
vitro fertilization
laboratory shall apply to the Anima
l Breeding Regulatory Authority for grant of certificate of
registration in such form, along with such fee, as may be prescribed within three months from the
date of commencement of this Act.

(4)

Applicants intending to set up a new embryo bank or embryo

transfer technology
or in
-
vitro fertilization laboratory or the existing embryo bank or embryo transfer technology or
in
-
vitro fertilization laboratory, shall apply in such form, along with such fee, as may be
prescribed for a provisional certificate of r
egistration to meet the conditions specified in sub
-
section (
6)
. The provisional certificate of registration shall be valid for a period of twenty
-
four
months. It may be extended for a further period of twelve months on the request of the applicant,
in wri
ting on payment of such fee, as may be prescribed.

(5)

For the grant of permanent certificate of registration for a new embryo bank or
embryo transfer technology or in
-
vitro fertilization laboratory or the existing embryo bank or
embryo transfer technolo
gy or in
-
vitro fertilization laboratory, the applicant apply in such form,
along with such fee, as may be prescribed, to the Authority for inspection within the above
twenty
-
four months. The Animal Breeding Regulatory Authority shall there upon, send a
com
mittee of experts from the consultative panel for such inspection.

(6)

The Animal Breeding Regulatory Authority, after satisfying itself that,
-

(A)

the embryo bank or embryo transfer technology or in
-
vitro fertilization
laboratory,
-

(i)

has such premises

for the quarantine of donor animals, as may be
specified by the Animal Breeding Regulatory Authority or the
Government of India;

(ii)

h
as such premises for the rearing and housing of donors animals and
the collection, processing, quality control, storage
, distribution and
quarantine of embryo, as may be specified by the Animal Breeding
Regulatory Authority or the Government of India; and

(iii)

has such premises for the storage of embryos, as may be specified by
the Animal Breeding Regulatory Authority or

the Government of
India;

(B)

every donor animal, used for embryo transfer techno
logy or in
–
vitro
fertilization,
–

(i)

has tested negative to such tests, as may be specified by the Animal
Breeding Regulatory Author
ity or the Government of India,
–

(a)

p
rior

to its entry to quarantine station;

Registration of
embryo bank or
embryo transfer
technology or in
-
vitro fertilization
laboratory.

114

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(b)

during quarantine period at a quarantine station;

(c)

duri
ng rearing at a rearing station; and

(ii)

i
s free of repro
ductive abnormalities and disease and has no
conformational or known genetic defects;

(iii)

c
onforms to breed characteristics of the breed and meets such
minimum standards for various traits in terms of quantity and
quality, as may be specified by the An
imal Breeding Regulatory
Authority or the Government of India;

(C)

the embryo or e
mbryo transfer technology or in
–
vitro fertilization
laboratory shall maintain accurate pedigree and performance records of the
donor animals, whose oocyte or ovum or embryo i
t produces, stores, sells,
distributes or proposes to distribute for embryo transfer in suc
h format, as
may be prescribed,
–

shall grant the certificate of registration to a new or existing embryo or embryo
transfer technology or in
-
vitro fertilization labo
ratory clearly specifying the name
and address of the embryo or embryo transfer technology or in
-
vitro fertilization
laboratory, registration number of the embryo or e
mbryo transfer technology or in
–
vitro fertilization laboratory, unique identification num
ber of certified donors
animals to be used for embryo production, name of the in
-
charge of the station or
laboratory on such terms and conditions, as it may deem fit.

(7)

The certificate of registration granted to embryo or sexed embryo or embryo
transfer

technology or in
-
vitro fertilization laboratory under this section shall be valid for a period
of three years from the date of its issue.

(8)

The embryo or embryo transfer technology or in
-
vitro fertilization laboratory shall,
in such form, along with su
ch fee, as may be prescribed, apply for renewal of registration to the
Animal Breeding Regulatory Authority at least three months before the expiry of the certificate
of registration. The Animal Breeding Regulatory Authority after satisfying itself that th
e
conditions specified in sub
-
section
(6)
with regard to certificate of registration have been adhered
to, shall renew the registration for a further period of three years, within three months from the
date of receipt of application. If the renewal certifi
cate is not issued within three months,
approval shall be deemed to have been accorded, unless communicated otherwise.

(9)

Any new animal donors that meets the standards for embryo production shall not
be inducted in the e
mbryo transfer technology or in
–
v
itro fertilization laboratory for embryo
production without necessary certification from the Animal Certification Authority.

(10)

Death or culling of certified animal shall be informed to the Animal Breeding
Regulatory Authority forthwith with a copy of
report stating therein the cause of death and frozen
embryo stock available of that animal at the time of the death of the animal to the Animal
Certification Authority.

(11)

The Animal Breeding Regulatory Authority may, after giving the applicant an
oppor
tunity of being heard and for reasons to be recorded in writing, refuse to grant or renew the
certificate of registration.

(12)

The Animal Breeding Regulatory Authority shall send a committee of experts to
inspect an embryo or sexed embryo or embryo trans
fer technology or in
-
vitro fertilization
laboratory as and when desired, but atleast once in a year, to ensure compliance of the conditions
specified in the certificate of registration.

Certification of
embryo transfer
technology or

in
-
vitro
fertilizatio
n
worker.

20.

The trained embryo transfer technology or in
-
vitro fertilization workers shall be
registered and certified by the Animal Breeding Regulatory Authority in such manner and subject
to such conditions, as may be prescribed.

Regulation of sale
of

embryo or
sexed embryo.

21.

(1)

No person shall sell, distribute, gift or transfer the embryo or sexed embryo to any
person other than a person authorized by the Animal Breeding Regulatory Authority.

(2)

No embryo produced outside the State shall be all
owed to be sold, distributed or
gifted for transfer in the State except with the prior approval of the Animal Breeding Regulatory
Authority. The authority shall grant approval in such manner and subject to such conditions, as
may be prescribed.

HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

115

(3)

No oo
cyte, ovum, embryo or sexed embryo shall be imported for use in the State
from any other country, except with the prior approval of the Animal Breeding Regulatory
Authority and subject to such conditions, as may be prescribed.

(4)

It shall be mandatory f
or the embryo bank to specify the numbering pattern of each
embryo straw and upload the same on the domain which may be accessed by any person
providing details of the same to the Animal Certification Authority or Animal Breeding
Regulatory Authority as to

make the same available for the public to check and confirm whether
the embryo is indeed from that semen bank and from the specified certified animal or not.

22.

(1)

The Animal Breeding Regulatory Authority or persons authorized by it in this
behalf, w
ith a view to ensure compliance with the terms and conditions of the certificate of
registration or any provisions of this Act or rules made thereunder, or for the purpose
of
inspection and inquiry, may,
–

(a)

enter, inspect and cause or conduct search of
any premises if there is a
reasonable doubt about them being involved in commission of any offence
or that any activity in contravention of the provisions of this Act is being
carried out or there is contravention of any of the provisions of this Act or
ru
les made thereunder or the holder of certificate of registration is carrying
out activities in violation of the terms and conditions specified in the
certificate of registration issued under this Act;

(b)

collect samples of semen, sexed semen, embryo, sex
ed embryo, blood or
any other material used in semen or embryo production from the premises
or any semen station or embryo transfer technology or in
-
vitro fertilization
laboratory or embryo bank and have such samples analysed from an
authorised laboratory.

(2)

All the stock of the semen or embryo which is from uncertified animal shall be
destroyed immediately and processing equipment or laboratories shall be seized and inventory in
this regard be prepared in presence of two independent witness:

Provided

that no search shall be deemed to be irregular by reason only of the fact
that witnesses for the search are not inhabitants of the locality in which the place searched is
situated.

Power to inspect,
search and

seizure.

23.

(1)

Whoever

holds a certificat
e of registration under this Act shall maintain such
books, accounts and records relating to the activities carried out under the provisions of this Act
and rules made thereunder, in such form, as may be prescribed.

(2)

Whoever holds a certificate of reg
istration for a semen station or semen bank or
embryo bank or embryo transfer technology or in
-
vitro fertilization laboratory shall submit to the
Animal Breeding Regulatory Authority, an annual or at an interval or time specified by it, a
report, in duplic
ate, in such form, as may be prescribed and with respect to new donors animals
proposed for certification whose semen, ovum or embryo is to be used in such form, as may be
prescribed.

Maintenance and
submission of
record.

24.

The Animal Breeding Regulator
y Authority, may in exercise of its powers and to perform
its functions under this Act, issue any directions in writing to any person, officer or authority, as
the case may be, and such person, officer or authority shall be bound to comply with such
direct
ions. The powers to issue directions under this section shall include the power to direct,
-

(i)

closure, prohibition or regulation of any operation, process or activity related to
animal breeding carried out in contravention of the provisions of this Act
or rules
made thereunder; or

(ii)

stoppage or regulation of supply of electricity, water or any other service.

Power to give
directions.

25.

(1)

Where it is apprehended by the Animal Breeding Regulatory Authority that any
person, firm, company or Non
-
Gov
ernmental Organization is associated in the animal breeding
services or trading and supply of semen or embryo in contravention of the provisions of this Act
or rules made thereunder, the Animal Breeding Regulatory Authority or any officer empowered
in this

behalf, after adopting the procedure mentioned in section 22, prepare such report and after
scrutiny of the report, the Animal Breeding Regulatory Authority shall launch prosecution before
the court having jurisdiction over the area, for restraining such
person from carrying out the said
activity.

Power to make
application to
courts for
restraining
activities.

116

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(2)

On receipt of a complaint under sub
-
section
(1)
, the court may pass an order
restraining such person to carry out the said activity or give
such directions or pass such order, as
it may deem fit.

Explanation.
—

For the purpose of this Act, the Animal Breeding Regulatory Authority
or any officer empowered in this behalf launching prosecution shall be
deemed to be a complainant.

(3)

The provisi
ons of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)
relating to search, seizure, investigation and prosecution shall apply, as far as may be, to all
action taken by the Animal Breeding Regulatory Authority or any officer empowered under thi
s
Act.

Penalties in
contravention of
section 16.

26.

(1)

Whoever

acts or abets the commission of an act which is in

contravention

of the
provision contained in section 16 shall be punishable with a fine of ten thousand rupees being
first time offender; wi
th a fine of twenty thousand rupees as second time offender and for the
subsequent offence, with simple imprisonment which may extend upto three months and also
liable for fine which may extend upto one lakh rupees.

Explanation.
—

In case of habitual offend
er, animal so used by the owner or breeder for
natural service or natural breeding shall also be seized.

(2)

The fine so imposed, may be recovered from the person concerned, as arrears of
land revenue.

Penalty.

27.

(1)

Any person who contravenes or viola
tes any other provision except section 16,
shall be punished with rigorous imprisonment which may extend upto one year or with a fine
which may extend upto one lakh rupees or both.

(2)

The fine so imposed, may be recovered from the person concerned, as a
rrears of
land revenue.

Cognizance of
offence.

28.

(1)

No court shall take cognizance of any offence under this Act, except on a
complaint made by the Animal Breeding Regulatory Authority or any officer empowered in this
behalf.

(2)

Production, posses
sion, distribution, sale, transfer in any form, import
-

export or
use of unauthorized semen or embryo or misbranded or sub
-
standard semen or embryo shall be a
non
-
cognizable and bailable offence under this Act.

Report of
authorized
laboratory.

29.

Any doc
ument purporting to be a report duly issued by a authorized laboratory may be
used as expert evidence in view of the provision contained in section 293 of Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).

Reports.

30.

The Animal Registration Autho
rity, Animal Certification Authority and Animal Breeding
Regulatory Authority shall furnish such reports, statistics and other information with respect to its
funds, activities or policies, as may be required by the Government, from time to time.

Public S
ervants.

31.

All experts, officers and officials of the Animal Registration Authority, Animal
Certification Authority and Animal Breeding Regulatory Authority, when acting or purporting to
act in pursuance of any of the provisions of this Act and the rules

made thereunder shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860
(Central Act 45 of 1860).

Issue of duplicate
certificate.

32.

In case a certificate of registration or a certificate of renewal issued u
nder this Act is
defaced, lost or destroyed, the Animal Breeding Regulatory Authority may, upon satisfaction,
grant a duplicate certificate to the applicant on payment of such fee, as may be prescribed.

Revocation of
certificate of
registration.

33.

(1)

I
f the Animal Breeding Regulatory Authority is satisfied, either on a reference
made to it in this behalf or on the basis of inquiry report of a committee of experts or otherwise
that,
-

(a)

the certificate of registration granted to a semen bank, semen stat
ion, an
embryo or sexed embryo station, embryo or sexed embryo bank, i
n
-
vitro
fertilization or embryo transfer technology
laboratory has been obtained by
misrepresentation or fraud; or

HARYANA

GOVT. GAZ. (EXTRA.),
MAR
.
13
, 2019

(
PHGN
.
22
, 19
40

SAKA)

117

(b)

the holder of the certificate of registration has, without reaso
nable cause,
failed to comply with the terms and conditions subject to which the
certificate has been granted or has contravened any of the provisions of this
Act or rules made thereunder or has not complied with the conditions then
without prejudice to an
y other provision to which the holder of the
certificate may be held liable,

after giving the holder of the certificate of
registration an opportunity to show cause shall,
–

(i)

upon receiving reply to the show cause, examine the matter and in
case reply t
o that show cause notice is found unsatisfactory, after
recording reasons in writing, may pass an order to revoke the
certificate of registration or renewal thereof and shall take such steps
against such person, as may be prescribed; or

(ii)

suspend the ce
rtificate of registration or renewal till the holder of the
certificate complies with all the required conditions to the
satisfaction of the
Animal Breeding Regulatory
Authority; or

(iii)

take an undertaking from the holder of the certificate of registrati
on
to comply with the provisions of this Act or rules made thereunder if
defects are minor in nature and does not defeat the very purpose of
this Act.

34.

(1)

Any person aggrieved by an order of the Animal Breeding Regulatory Authority
refusing to grant
or renew a certificate of registration or revoking or suspending the certificate of
registration under the provisions of this Act or rules made thereunder, may file an appeal before
the Appellate Authority, who shall be the Administrative Secretary to Gove
rnment, Haryana,
Animal Husbandry and Dairying, Department within thirty days from the date of order.

(2)

The appellate authority, after giving a reasonable opportunity of being heard to the
applicant, shall decide the appeal, as expeditiously as possible
, but within three months from the
date of the filing of appeal.

(3)

The appellate authority may delegate its power to hear the appeal to any officer not
below the rank of Special Secretary.

Appeal.

35.

No act done or action taken, in exercise of any of
the powers conferred by or under this
Act

or rules made thereunder by the Government, authority or its members, officers or other
employees shall be called in question in any civil court.

Bar on
jurisdiction.

36.

No suit, prosecution or other legal procee
dings shall lie against the Government or the
authority or its members or officers or other employees in respect of anything which is in good
faith done or intended to be done under this Act.

Protection of
action taken in
good faith.

37.

(1)

The Governmen
t 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 matte
r which has to be or may
be prescribed.

(3)

Every rule made under this Act shall be laid, as soon as may be, after it is made,
before the House of the State Legislature, while it is in session.

Power to make
rules.

38.

If any difficulty arises in giving
effect to the provisions of this Act, the Government may,
by order, published in the Official Gazette, make such provisions not inconsistent with the
provisions of this Act, as may appear it to be necessary or expedient for removing the difficulty:

Provid
ed that no such order shall be made under this section after the expiry of a period of
two years from the commencement of this Act.

Power to remove
difficulties.

39.

(1)

The funds of the Animal Registration Authority, Animal Certification Authority
and An
imal Breeding Regulatory Authority shall be met out from the budgetary allocation of the
Haryana Livestock Development Board.

Funds of
Authorities.

118

HARYANA GOVT. GAZ. (EXTRA.),
MAR
.
13
, 201
9

(
PHGN
.
22
,
1940
SAK
A)

(2)

The Animal Registration Authority, Animal Certification Authority and Animal
Breeding Regulatory Aut
hority may receive grant from the Government, Central Government,
Non
-
Governmental Organization, trust, society, company, international agencies which shall be
credited to the fund of the said authorities.

Repeal and
saving.

40.

(1)

The Punjab Livestock I
mprovement Act, 1953 (Punjab Act 47 of 1953), as
applicable to Haryana is hereby repealed.

(2)

Notwithstanding such repeal, anything done or any action taken under

Excerpt shown. Open the full act in Lexace.

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