Wednesday, 8 April 2015

THE PUNJAB POULTRY PRODUCTION ACT, 2012

An Act to regulate poultry production activities in the province of the Punjab


PREAMBLE:            Whereas it is expedient to regulate the poultry production activities in the province of the Punjab for the benefit of all stakeholders.

1.         SHORT TITLE AND COMMENCEMENT

a)                 This Act may be called the “Punjab Poultry Production Act, 2012”
b)                 It extends to the whole of the Province of the Punjab.
c)                  It shall come into force at once.

CHAPTER – I 
A-    GENERAL
  1. 2.               DEFINITIONS:
In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-

  1.         i.            Poultry: Means the species such as chicken, turkey, quail, pheasant, duck, geese, swans, guinea fowl, mallard, pigeon, peafowl, ostrich, zoo birds and flying birds
  2.       ii.            Poultry Operation: Means activities relating to poultry farms, hatcheries, plants and poultry disease diagnostics.
  3.     iii.            Poultry Production: Means any function/ activity related to intensive poultry operation.
  4.      iv.            Intensive Poultry: Means any of the activity like poultry farming, hatching operation, processing, rendering, poultry disease diagnostics in a specified environment at the poultry premises
  5.        v.            Poultry Premises: Means site meant for the purpose of poultry Production including poultry farms, hatcheries, plants and poultry disease diagnostic facilities supported by essential infrastructure and staff.
  6.      vi.            Poultry Farm: Means the premises for growing of more than 500 poultry birds at one site, under standard bio-security conditions.
  7.    vii.            Hatchery: Means the premises with requisite infrastructure used for hatching of fertile poultry eggs.
  8.  viii.            Plant: Means Poultry Processing Plant and Poultry Rendering Plant

  1.      ix.            House: Means building of any specification used to raise poultry.


  1.        x.            Existing Poultry Premises Means Poultry Premises in existence prior to the enforcement of this Act.
  2.      xi.            New Poultry Premises: Means Poultry Premises constructed following enforcement of this Act.
  3.    xii.            Processing: Means the mechanical slaughtering, de-feathering, eviscerating, cutting, deboning, further processing, packing, chilling and freezing of poultry meat/ poultry products.

  1.  xiii.            Rendering: Means the mechanical sterilization and digestion of the poultry slaughtering / processing byproducts.

  1.  xiv.         Poultry Feed: Mean nutritious substance fed to poultry prepared by mixing different feedstuff.

  1.  xv.            Feed stuffs: Means any nutritious substance used in the production and manufacture of poultry feed;

  1.  xvi.            Registration Authority: Means the Director, Poultry Research Institute, Punjab, Rawalpindi.
  2. Registration Committee: Means the Committee constituted by the Government to scrutinize and recommend registration under this Act.
  3. Registration:- Means responsibility assigned by the “Registration Authority” to the owner of the Poultry Premises as per requirements of this Act.
  4.  xix.            Authorized Officer: Means officer so authorized for the grant of registration under this Act.

  1.    xx.            Inspector: Means Veterinarian so designated as Inspector under this Act.

  1.  xxi.            Veterinarian: Means a Government Officer holding degree in Veterinary Sciences/Animal Husbandry having a valid registration with Pakistan Veterinary Medical Council.
  2. Applicant: Means the owner of a poultry premises intending to seek registration.

  1. Proximity: Means distance amongst the poultry premises.

  1. Registration Fee: Means the fee charged from the applicant for purpose of registration.
  2. Government: Means Government of the Punjab in Livestock & Dairy Development Department.
  3. Director: Means Director Poultry Research Institute, Punjab, Rawalpindi.
  4. OIE: Means World Organization for Animal Health (Office International des Epizooties)






CHAPTER – II

REGISTRATION


  1. 3.               All poultry premises including existing Poultry premises shall be registered by the registration authority. No person shall carry out poultry operation unless he holds a specific registration issued under this Act and fulfils such conditions and pays such fee, as may be prescribed. 
           

CHAPTER – III

REGULATIONS FOR POULTRY PRODUCTION AND BIOSECURITY

           
  1. Poultry production and Bio-security measures relating to pathogenic diseases shall be adopted  as may be prescribed such as:

(a)               A House shall be built so as to prevent the entry of animals.
(b)               The poultry shall be provided hygienic drinking water for consumption.
d)     The drinking water shall be kept inside a tightly sealed, leak-proof tank.
e)     All excess water on the Poultry Farm shall be drained so as to avoid the formation of puddles.
f)        The water reservoir shall be protected to safeguard against contamination from farm wastes.
g)     The Poultry Premises shall be thoroughly disinfected, using standard disinfectants.
h)      Poultry carcasses shall be disposed off in a decomposition pit or through composting or incinerator installed, or in a manner as prescribed under rules.
i)        The eggs shall be stored in a clean, sanitary and cool room, as prescribed under rules.
(a)               Medicines including drugs, vaccines and disinfectants shall be kept in clean and secured condition as prescribed.
(b)               Poultry Farms shall have feed storage facility where poultry feed shall be stored in either silos or rooms where there is no entry of birds and rodents.
(c)               The new Poultry Farm / existing poultry farm shall be surrounded by a fence/ wall to prevent the entry of humans and animals for security and safety against diseases as prescribed.
(d)               Every Veterinary Practitioner shall report any notifiable poultry disease defined by OIE, whenever noticed in his/ her poultry premises to the Registration Authority.

CHAPTER - IV

PROXIMITY OF POULTRY PREMISES


5.         Besides compliance to requirements for registration of a New Poultry Premises, the following conditions shall also be adhered to:

(a)       It is located at an aerial distance of at least 1000 meters from another broiler farm or layer farm or processing plant or rendering plant or feed mill.
(b)       It is located at an aerial distance of at least 2000 meters from another breeding farm or hatchery.
(c )       It is located at an aerial distance of at least 3000 meters from a grandparent poultry farm or grandparent hatchery.
(d)       A House shall be 500 meters away from population habitat of more than 50 houses



.
CHAPTER – V

POULTRY FEEDS AND FEED STUFFS
  1. 6.                  The production of poultry feeds and marketing of feed stuffs shall be in accordance with the standards laid down by the Pakistan Standards and Quality Control Authority.

CHAPTER – VI

ADMINISTRATION & ENFORCEMENT

7.         Registration Authority: The Director, Poultry Research Institute, Rawalpindi shall register all poultry premises after scrutiny and recommendation of applications for registration by Registration Committee following all the rules and regulation framed under this Act.

8.         Registration Committee: The Government shall notify a committee consisting of following members:
i.  Director, Poultry Research Institute, Rawalpindi.           (Convener)
ii. Director, Veterinary Research Institute, Lahore.             (Member)
iii. Chairman, Poultry Production Department, University of Veterinary & Animal Sciences, Lahore.                                                          (Member)
iv. Two members from Pakistan Poultry Association  ( Northern Zone)

The presence of 03 members (the convener and at least one member from Pakistan Poultry Association) shall complete the quorum. The committee shall scrutinize applications for registration of poultry premises and recommend to the Registration Authority under this Act and its recommendations will be binding to the Registration Authority.

9.      Appellant Board: Any person aggrieved by any decision of registration authority may prefer appeal to the Appellant Board. Government of the Punjab shall constitute an Appellant Board consisting of the following for the disposal of appeals preferred under the Law.
 i.  Director General (Research), Livestock & Dairy Development Department, Punjab                                                                                              (Convener)
ii.   Deputy Secretary  (Technical) , Livestock & Dairy Development Department, Punjab                                                                                               (Member)
iii.  Chairman, Poultry Production Department, University of Veterinary & Animal    Sciences, Lahore.                                                                                   (Member)
iv.   One member from Pakistan Poultry Association  ( Northern Zone)

All legal and codal opportunities (notices, show cause and hearings) will be provided to all Appellants/ aggrieved as provided in Law. However legal procedure and formalities are placed in the rules. The aggrieved can file an appeal against the decision of the board in Court of Law /tribunal.

10.      Posting of staff: Government of Punjab may recruit staff / transfer or assign any officer the duty as per requirement of this Act.
11.      Power to Make Rules/ Regulations/ Amendments: The Government may, by notification in the official gazette to make rules/regulations/amendments for carrying out the purpose of this Act.
12.     Printing of Forms / Applications / Performa: Government will print applications, forms, and other necessary special designed forms and other printing material etc. and will be provided to applicants.

13.     Appointment of Inspector: Government may by notification appoint Inspectors or authorize any Veterinarian for the purpose of this Act  
14.     Appointment / Duties of Inspector: An inspector may within local limits for which he is appointed, and in any other area within the permission of the Registration Authority/Government, perform duties framed by the Government in prescribed rule for the execution of this law.    
15.      Cancellation or Suspension of Registration: Where any person found to have been contravened any of the provision of this Act after being served three notices, as the case may be, after giving an opportunity of being heard, Registration issued to such person be cancelled or suspended for specified period. Any aggrieved person can file an appeal / representation before the Appellant board or other legal forum in the eye of Law after doing all the legal proceedings.
16.     Registration Fee: Government may fix a special amount as fee for Registration of poultry premises for the purpose of this Act.

CHAPTER – VII

PENALTIES & PROCEDURE


17.       Penalties:  (1) The following violation of the provisions of this Act even after three notices shall be a punishable offence as prescribed under Rules.
  1. Poultry Operation without specific registration under the Act ibid.
  2. Contamination of water reservoir from wastes of farm premises.
  3. Violation of disposal of Poultry carcasses prescribed under this Act.
  4. Violation of Proximity of Poultry Premises given under this Act.

18.    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.
19.     Trials by Tribunal/Court: An offence punishable under this Act Ibid shall be exclusively triable by a Tribunal/Special Court designated/ constituted under this Act.
20.     Constitution of Tribunals: (1) The Government may be notification, constitute, for the whole or any part of the Province, one or more Tribunals/special court/civil court consisting of a person who.   
(a)  has, to his credit, at least ten years practice as an Advocate or any Civil judge/First class Magistrate etc;      or
(b)  has, for a total period of not less than three years, exercised the powers of the First Class    Magistrate under the Code; or
(c)  is and has for a period of not less than ten years been in the service of Punjab Government and is a law  graduate and having in line experience.
(2)  The Government shall appoint a person as presiding officer of a Tribunal/Court who s eligible under this Act. (3) A Tribunal/Court shall sit at such place as the Government may, by notification, specify.
21.   Appeal: (1) A person, sentenced by a Tribunal/Court, may appeal to the Court of Sessions having jurisdiction in the area, within thirty days of the passing of the sentence order.
22.     Offences and procedure: (1) An offence under this Acts shall be cognizable and bail able compoundable. (2) The procedure for not compoundable the trial of offences under this Act shall be the same as is laid down in the Code for trials on the basis of report or complaint submitted in the Tribunal/Court under the Code/Act. (3) Nothing in this section shall preclude a Tribunal/Court to follow the procedure laid down in the Code for the trial of summons cases by the Magistrates.
23.     Bar of jurisdiction and reference to arbitration: (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court.  (2) Save any order passed by a Tribunal/Court under this Act, any person aggrieved by an order made in exercise of any power conferred by or under this Act, may by an application in writing, within thirty days of the passing of the order, refer the matter to the arbitration of a sole arbitrator appointed by the Government. (3) The Government shall appoint one or more arbitrators for all cases or different arbitrators for different classes of cases under this Act. (4) All suits, appeals or applications regarding matters to which this Act applies, pending in any Court, except an appeal against an order preferred to the Court of Sessions, shall abate. (5) A reference to arbitration under this Act in respect of such orders as were subject-matter of a suit appeal or application which abated under  this Act may be made to an arbitrator within thirty days/or the time given by the Government of the coming into force of this Act.
24.         Presumption as to orders: Where an order purports to have been made in exercise of any power conferred by or under this Act, the Tribunal/Court shall presume that such order was so made.
25.      Burden of proof in certain cases: Where any person is prosecuted for contravening any order made under this Act which prohibits him from doing an Actor being in possession of a thing without lawful authority or Without a permit, license or other document, the burden of proving that he has such authority, permit, license or other document, shall be on that person.
26.       Protection of action taken under the Act:  (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of any order made under this Act. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of any order made under this Act.
27.     Validation and savings:  All policy instructions or directions of the Government issued before the promulgation of this Act which are not contradictory to this Act shall be deemed to be issued under this Act.
28.       Act Ibid to have overriding effect: Notwithstanding anything inconsistent contained in any other law, the provisions of this Act and any order made under this Act shall have overriding effect over all other laws.

Chapter-10

MISCELLANEOUS

29.         Jurisdiction Barred: Save as provided under this Act, no order made or proceeding taken under this Act, or the rule made there under, shall be called in question in any court or no Injunction shall be granted by any court in respect to any decision so made or proceedings taken on pursuance of any power conferred by, or under this Actor the rule made there under.


30.        Delegation: Government may delegate all or any of its power and function under this Act to any authority or officer by name or designation.
31 .    Grant of permission for special purpose: A special permission will be accorded for special purpose by authority/Govt. as required by the stakeholders.
32.       Appearance through Counsel or Advocate: Can appear in person or through counsel and authorized representation by company enterprises/party etc.        
33.     Jurisdiction: Appeal before any Civil Court or any 1st Class Magistrate/ Judge or any special Magistrate or any tribunal, Member of tribunal as the case may be declared by the Government. 
34.     Indemnity: No suit / prosecution or other legal proceedings shall be against any informer, staff member, officer, the complainant etc. Authority for any reason thing done or intended to done in good faith under this Act, directions can be made or issue any time as per rules laid down by the Government in this regard. 
35.      Power to Make Regulation/ By laws/Standards: Government may by notification or any gazette make rules further/supplementary for carrying out purpose of Act through framing regulation, by Laws/standards for execution of Act. 
36.      Amendments / Revision / Revival of Act: Government may notify / any amendment, revision at any time after the approval of competent authority for carrying out the purpose of this Act.
37.       Power to Amend Schedule: The Government of Punjab may, by notification in official gazette, amended schedule so as to add  any entry there to or modify or omit any entry there in.

38.       Removal of Difficulties: If any difficulty arises in giving effect to any provision of this Act, the Chief Minister, Punjab, make such order to the provision of this Act, as any approval to him to be necessary for this purpose of removing difficulties.
39.      Repeal:  The “Punjab Poultry Production Act 2012” will be repealed with any other approved Act in this regard by the competent Authority / Government, of the Punjab.

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