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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ 2017 } | 30 { No. 67 Poudouchéry J eudi 3 0 Novembre 2 0 1 7
No. Puducherry Thursday 3 0 November 2 0 1 7
(9 Agrahayana 1939)
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE ASSEM BLY
No. 1 04 -2 /2 01 7- LA/Win ter S ession .
Puducherry, the 28th November 2017.
Under rule 140 of Rules of Procedure and Conduct of Business
of the Puducherry Legislative Assembly, the following Bills, viz.,
(i) The Puducherry Court-Fees and Suits Valuation (Amendment)
Bill, 2017 (Bill No. 13/2017);
(ii) The Prevention of Cruelty to Animals (Puducherry Amendment)
Bill, 2017 (Bill No. 15 of 2017);
which were introduced and passed in the Legislative Assembly on November 23, 2017, is published for general information.
[1209] 1210 LA GAZETTE DE L'ETAT [P ART–II
THE PUDUCHERRY COURT-FEES AND SUITS
VALUATION (AMENDMENT) BILL, 2017
(Bill No. 13 of 2017)
A
BILL
further to amend the Puducherry Court-Fees and
Suits Valuation Act, 1972.
BE it enacted by the Legislative Assembly of Puducherry in the Sixty-eighth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Puducherry Court-Fees and Suits Valuation (Amendment) Act, 2017.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
Amendment of section 63.
2. In section 63 of the Puducherry Court-Fees and Suits Valuation Act, 1972, (hereinafter referred to as the Principal Act) for the existing section, the following shall be substituted, namely:-
Act No. 6 of 1973.
"63. Collection of fees by stamps or e-stamps.—
All fees chargeable under this Act shall be
collected by stamps or e-stamps."
Amendment of section 64.
3. In section 64 of the Principal Act, for the existing section, the following shall be substituted, namely:-
" 64. Stamps to be impressed or adhesive o r e-stamps.— The stamps used to denote any fee chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive or e-stamps, as the Government may, by notification in the Official Gazette, from time to
time direct." 1211
PART–II] LA GAZETTE DE L'ETAT
STATEMENT OF OBJECTS AND REASONS
As per section 64 of the Puducherry Court-Fees and Suits Valuation
Act, 1972, the stamps used to denote any fee chargeable under the said Act
shall be impressed or adhesive or partly impressed or partly adhesive.
Consequent to the Order, dated 07-12-2016 of the Hon'ble High Court of
Judicature at Madras in Writ Petition No. 30644 of 2016 directing to use
only the Puducherry Court-fees stamp papers or e-Court-fees stamps, printed
or issued by the Government of Puducherry in respect of all Original,
Appellate, Revisional, Review litigations arising out of the Jurisdictional
limits of the Union territory of Puducherry and chargeable under the Puducherry
Court-Fees and Suits Valuation Act, 1972 with effect from the 1st day of
January 2017 and in order to eliminate the situation of non-availability of
Puducherry judicial stamp papers both in the District Courts and the Hon'ble
High Court of Judicature at Madras, the Government have now decided to
amend sections 63 and 64 of the Puducherry Court-Fees and Suits Valuation
Act, 1972 (Act No. 6 of 1973).
2. For the above purpose, a Bill titled as "Puducherry Court-Fees and
Suits Valuation (Amendment) Bill, 2017" is proposed to be enacted.
3. The Bill seeks to achieve the above objects.
M.O.H.F. SHAHJAHAN,
Revenue Minister.
FINANCIAL MEMORANDUM
No Financial implications are involved in this Bill
A. VINCENT RAYAR,
Secretary
Legislative Assembly Secretariat.
1212 LA GAZETTE DE L'ETAT [P ART–II
THE PREVENTION OF CRUELTY TO ANIMALS (PUDUCHERRY AMENDMENT) BILL, 2017
(Bill No. 15 of 2017)
A
BILL
to amend the Prevention of Cruelty to Animals
Act, 1960 in its application to the Union
territory of Puducherry.
BE it enacted by the Legislative Assembly of the Puducherry in the Sixty-eighth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Prevention of Cruelty to Animals (Puducherry Amendment) Act, 2017.
(2) It extends the whole of the Union territory
of Puducherry.
(3) It shall come into force on such date as the Government may appoint by notification in the Official Gazette, appoint.
Amendment of section 2.
Act 59 of 1960.
2. In section 2 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the Principal Act), after clause (d), the following clause shall be inserted, namely:–
"(dd) 'Jallikattu' means an event involving bulls conducted with a view to follow tradition and culture on such days from the months of January to May of a calendar year and in such places, as may be notified by the Government, and includes 'manjuviratu', 'vadamadu' and 'erudhuvidumvizha'.".
Amendment of section 3.
3. Section 3 of the Principal Act shall be renumbered as sub-section (1) of that section and after sub -sectio n (1 ) as so renumb er ed , the fo llo wing sub-section shall be added, namely:– 1213
PART–II] LA GAZETTE DE L'ETAT
"(2) Notwithstanding anything contained in
sub-section (1), conduct of 'Jallikattu', subject to such
rules and regulations as may be framed by the
Government, shall be permitted.".
4. In section 11 of the Principal Act, in Amendment of section 11.
sub-section (3), after clause (e), the following clause
shall be added, namely:–
"(f) the conduct of 'Jallikattu' with a view to
follow and promote tradition and culture and ensure
preservation of native breeds of bulls as also their
safety, security and wellbeing.".
5. The following proviso shall be added to Amendment of section 22.
section 22 of the Principal Act, namely:–
"Provided that nothing contained in this section
shall apply to conduct of 'Jallikattu'.".
6. In section 27 of the Principal Act, after clause (b), Amendment of section 27.
the following clause shall be added, namely:–
"(c) the conduct of 'Jallikattu' with a view to
follow and promote tradition and culture and ensure
survival and continuance of native breeds of bulls.".
7. After section 28 of the Principal Act, the Insertion of section 28-A.
following section shall be inserted, namely:–
"28–A. Saving in respect of 'Jallikattu'.–Nothing
contained in this Act shall apply to 'Jallikattu'
conducted to follow and promote tradition and culture
and such conduct of 'Jallikattu' shall not be an offence
under this Act.".
1214 LA GAZETTE DE L'ETAT [P ART–II
STATEMENT OF OBJECTS AND REASONS
The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering of animals, has been extended to the Union territory of Puducherry under the Puducherry (Laws) Regulation, 1963 with effect from 01-10-1963. This Act also recognises the need to exempt the application of its provisions in certain circumstances. The Supreme Court of India, in its judgment in Animal Welfare Board of India Vs. A.Nagaraja (Civil Appeal No. 5387) has found that the conduct of 'Jallikattu' is violative of the provisions of the Central Act 59 of 1960, particularly, sections 3,11 and 22 of the Act. The existing provisions of the said Act do not contain any provision for the conduct of 'Jallikattu', a sport of valour which has been in existence for promoting tradition and culture among the Tamilians. The Puducherry and Karaikal regions are encircled within the boundaries of Tamil Nadu and as the event of 'Jallikattu' has played a major role in this territory and it ensures survival and continuance of native breeds of bulls. Therefore, the Government decided to exempt the conduct of 'Jallikattu' from the provisions of the said Central Act 59 of 1960 in its applications to the Union territory of Puducherry. For this purpose, necessary provision has been incorporated on the lines of amendment made in this behalf by the Government of Tamil Nadu. The Bill seeks to achieve the above object.
A. NAMASSIVAYAM, Minister for Animal Husbandry.
MEMORANDUM REGARDING FINANCIAL IMPLICATION There is no financial implication involving this Bill ———— MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause (dd) of section 2 of, and sub-section (2) of section 3 of the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960), proposed to be inserted by clauses 2 and 3 of the Bill authorise the Government to issue notification or to make rules, as the case may be, to carry out the purposes specified therein.
2. The powers delegated are normal and not of an exceptional character.
A. VINCENT RAYAR, Secretary Legislative Assembly Secretariat.
online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing Puducherry-605 009.