[1209]
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE
ASSEMBLY
No. 104-2/2017-LA/Winter Session.
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.
Registered with the Registrar
of Newspapers for India
under No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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1210
LA GAZETTE DE L'ETAT
[PART–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:—
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.
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:-
"63. Collection of fees by stamps or e-stamps.—
All fees chargeable under this Act shall be
collected by stamps or e-stamps."
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
or 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.”
Short title and
commencement.
Amendment
of section 63.
Amendment
of section 64.
Act
No. 6
of
1973.
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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.
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LA GAZETTE DE L'ETAT
[PART–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:—
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.
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'.".
3. Section 3 of the Principal Act shall be
renumbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, the following
sub-section shall be added, namely:–
Short title and
commencement.
Amendment of
section 2.
Amendment of
section 3.
Act
59 of
1960.
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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
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
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),
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
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.".
Amendment of
section 11.
Amendment of
section 22.
Insertion of
section 28-A.
Amendment of
section 27.
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LA GAZETTE DE L'ETAT
[PART–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.