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No. 42 ] CHANDIGARH, FRIDAY, OCTOBER 16, 2020 (ASVINA 24, 1942 SAKA)
PART I
Punjab Government Notifications and Orders
GOVERNMENT OF PUNJAB
DEPARTMENT OF LOCAL GOVERNMENT
(Local Government- 4 Branch)
(Municipal Bhawan , Plot No-3 , Sector 35-A, Chandigarh)
NOTIFICATION
The 12th October, 2020
No 5/13/2020-1LG4/1877.-The following Model Punjab Municipal (Registration, proper control of Stray Animals and Compensation to the Victim of animal Attack) bye Laws, 2020 which the Governor of Punjab made in exercise of the powers conferred by sub-section (1) of Section 201 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) and section 399 of Punjab Corporation Act, 1976 and all other powers enabling him in this behalf, are being notified as required by law.
2. In pursuance of the provision of section 188 read with sub section 1 of section 201 of Punjab Municipal Act 1911 and provision of section 399(1) (E) read with sub section 2 of section 399 of Punjab Municipal Corporation Act, 1976, the Governor of Punjab is pleased to notify the Model Punjab Municipal Corporation and Municipal (Registration, proper control of Stray Animals and Compensation to the Victim of animal attack) Bye Laws, 2020 as under:-
Bye Laws
1 Short titled and commencement :-
(1) These bye laws may be called the Punjab Municipal Corporation and Municipal (Registration, proper control of Stray Animals and Compensation to the Victim of animal Attack) bye Laws, 2020.
(2) They shall apply to all the Urban Local Bodies in State of Punjab.
(3) They shall come into force on the date of their final publication in the Official Gazette.
2 Definitions :- In these rules, unless the context otherwise requires,-
(a) "Act" means The Punjab Municipal Corporation, Act 1976 (Punjab Act No.42 of 1976 ) and The Punjab Municipal Act 1911 (Act No. 3 of 1911).
( 824)PART I] PUNJAB GOVT. GAZ., OCTOBER 16, 2020 (ASVN 24, 1942 SAKA) 825 (b) "animal" means any Dog, Bull, Horse, Cow, Calf, Pony or any stray animal.
(c) 'Animal Welfare Organization " means and includes the society for prevention of cruelty to animals an any other welfare organization for animals which is registered under the Societies Registration Act,1860 (21 of 1860), or any other corresponding law for the time being in force and which is recognized by the Animal Welfare Board of India constituted under the Prevention of Cruelty to Animals Act, 1960 (59 of 1960):
(d) "Branding Code" means an identification mark/number given to each animal on the cold branding or microchip installed in the animal.
(e) "Cattle pound" means an enclosure where all type of stray animals are impounded.
(f) "court" means the civil court having jurisdiction over the area:
(g) "Form" means a form appended to those bye-Law
(h) "licensing authority" means the Commissioner/Executive Officer of a Urban Local Body as the case may be.
(i) "owner" means the owner of an animal and includes any other person in possession or custody of such animal whether with or without the consent of the owner;
(j) "stray animal" means an ownerless animal (male/female) found straying around within Urban Local Body limit.
(k) "Veterinary doctor" means a person who holds a degree of a recognized veterinary college and is registered with the Indian Veterinary Council.
(l) "Licensing Fee" means fee settled by the every urban local body on commencement of these bye laws and re-settled time to time.
3. Registration & Renewal of animals
(a) The owner of every animal kept or brought within the Urban Local Bodies, shall, on or before the 1st April in each year or within seven days of its arrival in the area get the animal registered at the office of Urban Local Bodies in Form A failing which penalty of ten time the registration fee for such animals shall be imposed on the owner.
(b) The form of registration or renewal shall be provided at the office of the Urban LocalBody on an application, the owner shall, along with the application for registration or renewal, produce before the licensing authority a certificate from a veterinary doctor that the animal is free from any infectious diseases and is fit to be kept within residential/commercial premises meant for the purpose.
(c) On registration, the owner shall got the animal tagged with a token given by the licensing authority or by any other suitable method of permanent identification as may be specified according to the type of animal, under the supervision of veterinary doctor at owner's cost, and the Branding Code shall be recorded in the registration record of the committee/Corporation.
(d) The fee for registration and for subsequent annual renewal of registration as per animal shall be as such as may be notified by the concerned Committee/corporation / Corporation. The registration renewal fee shall be deposited with the concerned Urban Local Body.
(e) The registration shall hold for a period of twelve methods reckoned from 1st of April or from the date of registration of the animal up to 31st March of the following year.
826 PUNJAB GOVT. GAZ., OCTOBER 16, 2020 (ASVN 24, 1942 SAKA) PART I](f) After the expiry of the registration period, the owner shall apply for its renewal in Form A within a period of the thirty day, failing which a penalty of amount so fixed by the concerned Urban Local body shall be compounded upon the owner for renewal.
(g) A register of animal licenses shall be kept by the license clerk of the committee/corporation/ Corporation, which shall include the name and place of abode of every license holder and the number and type of animal (s) registered against his name, shall at all reasonable times be available times be available for inspection by anyone, on payment of fee notified by the concerned Urban Local Body.
4. Construction of cattle Pound /its maintenance
(a) The committee/council /Corporation shall construct/have cattle pounds of sufficient capacity for impounding the stray cattle. Any animal with or without Branding Code of registration by accordance with Clause 3 (c) if found straying on the streets or beyond the enclosure of the house of the owner may be detained in cattle Pound at the direction of person authorized by the committee/ corporation and shall be disposed off in the manner as may be decided by the committee/ corporation /Corporation, if not claimed within a week. A fee will be liable and recoverable from the owner for such period of detention of the animal in the cattle pound or at a place specified by the committee/corporation /Corporation as per the rates notified by the committee/corporation / Corporation from time to time In addition to the fee, feed charges for impounded animal during the period of impounding shall also be charged by the committee/corporation as per rates fixed by the concerned Urban Local Body.
(b) It shall be the duty of the owner of any animal suffering from any infectious disease to report the matter without any delay to the licensing authority.
(c) The Licensing authority may after reasonable notice require the owner or person in-charge of the animal suspected/suffering from any infectious disease or believed to be suffering from any infectious disease to deliver the same to any specified official of the committee/corporation . The licensing authority may either dispose of the animal in a manner as may be decided by the committee/ corporation forthwith or send it to a veterinary hospital, for observation for a period of not more than fourteen days. The owner shall pay the expenses for such observation and detention. No compensation shall be paid for animals thus disposed of.
(d) In case the animal cannot be cured, it shall be destroyed on the certification in this regard by the veterinary doctor. No damages shall be payable in respect the animal so destroyed.
(e) The animals bearing Branded Code if found straying repeatedly more than two times, the registration of such animal shall be cancelled with prior notice to the owner and extra penalty shall be charged at rates notified by the committee/corporation from time to time. The animal shall be rounded up by the corporation/committee/corporation and dealt with as deemed fit. The owner shall have no claim of any kind on the animal.
(f) These bye-laws shall also apply to the animals which are brought within the municipal limits even for bona fide show purposes and the owner of such animals shall be charged a fee to be notified by the concerned Urban Local Body from time to time.
5. Caution for the owners of the animal:
No one, being the owner or person in-charge of any animal shall allow it to be at large in any publicPART I] PUNJAB GOVT. GAZ., OCTOBER 16, 2020 (ASVN 24, 1942 SAKA) 827 street or public place without being muzzled and without being secured by the chain lead in any case in which the animal is likely to annoy or intimidate any person.
6. Disqualification from keeping animal:
(a) In case of conviction of the owner of an animal, under the prevention of cruelty of Animals Act, 1960 (59 of 1960) the court may order him to be disqualified for keeping such animal and for holding or obtaining an animal license for such period as it thinks fit and the license issued to such owner shall be deemed to have been suspended and of no effect so long as the disqualification continues.
(b) The owner may apply to the court within six months from the date of the order and from time to time, for removal of the disqualification but three months must have elapsed after a refusal before a further application in this regard can be made. On the hearing of the application the court may having regard to the applicant's character, his conduct subsequent to the order, the nature of the offence and any other circumstances, either remove such disqualification or refuse the application.
(c) On suspension of the license of such owner for an offence of cruelty to animal, the animal concerned, shall be kept in the enclosure fixed by the committee/corporation at the expense of the owner. The owner shall be charged the expenses at the rates notified by the concerned Urban Local Body for this purpose.
7. Dangerous animal : (a) On a complaint being made to the licensing authority regarding an animal which appears to be dangerous and is not being kept under proper control the licensing authority may order the owner of such animal to keep the animal under proper control. The penalty for failing to comply with such order shall be charged by the committee/corporation as may be notified from time to time. Notice of penalty shall be given to the owner for the period of non-compliance. If the owner fails to comply with the order of authority and fails to keep such dangerous animal in proper control then the court having the necessary jurisdiction order for its suitable disposal.
(b) An appeal can be filed against the order of the lower court within a period of fifteen days before the appellate court.
(c) The owner / person in-charge of the ferocious animal shall not allow such animal to be at large without being muzzled or to be set on or urge such animal to attack, worry or intimidate any person or knowing or having reason to believe that any animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies. In case he fails or neglect to give immediate information of the fact to the Officer in-charge of committee/ corporation or conceals this fact or give false information he shall be liable to pay a penalty at rates notified by the concerned Urban Local Body or shall be prosecuted as per law. The ferocious animal shall be impounded by the concerned Urban Local Body as per Clause 4.
8. Injury to livestock : Any person who keeps an animal, which causes any damage by killing or injuring the livestock is liable for such damage.
9. Seizure, detention and sterilization of stray animal (1) An official duly authorized by licensing authority, may seize any animal found on the highway or in public place, which he has reason to believe to be stray animal and detain it for a week or until the owner of such animal claime for it and paid all expenses incurred by the committee/corporation for its detention in addition to the fee as Clause 4 (a). If the animal bears a Branding Code, the committee/corporation may serve a written notice to the owner stating that the animal has been seized and is liable to be sold by way of auction or disposed off as may828 PUNJAB GOVT. GAZ., OCTOBER 16, 2020 (ASVN 24, 1942 SAKA) PART I] be decided by the committee/corporation, if not claimed within seven days after the service of the notice.
(2) The stray animals found moving in streets/roads/any public place within the municipal limits by the private Individual, animal Welfare Organization(s) shall be caught and handed over to the official incharge of the committee/corporation for impounding in the cattle pound or enclosure fixed for this purpose by the committee/corporation . The above said cattle pound or enclosure shall have a boundary wall of such height as the animal inside the enclosure is not able to cross jump.
10. Feed for compensation and insurance: All the revenue collected by way of registration/renewal fee and penalty charges shall be used for following purposes namely:-
(a) for maintenance of cattle pound ;
(b) for payment of compensation to the victims of stray cattle :
(c) for payment of premium for third party insurance of registered animals ; and
(d) cost of identification and veterinary health care of stray animals.
11. Support of NGO's and other social religious organizations: The committee/corporation shall extend all possible assistance and support to Not. Government Organization's and other socio-religious organizations interested in setting up of non-profit cattle pounds for old and infirm animals as per availability of funds. Transportation of unwanted animals especially old and infirm animals to areas within the municipal limits shall be prohibited. The owner transporting such animals shall be charged with penalty at the rates notified by the concerned Urban Local Body.
12 Application for grant of compensation: (a) The victim of the attack of animal may file application to the Joint Commissioner of the Corporation or to the Executive Officer of the Committee as the case may be for grant of compensation under the provisions of these rules.
(b) Any person not satisfied by the decision taken by the above said authorities may file appeal to the Commissioner of the concerned Corporation in case of Corporation and to Deputy Director Local Government in case of Committee within thirty days of passing of order.
13. Determination of Compensation
(a) The compensation under Rule 10 Sub Rule b means compensation settled by the Joint Commissioner of the concerned corporation or Executive Officer of the concerned Committee/corporation on application under Rule 12.
(b) The amount of compensation in case of disability or death to the victim or legal heirs of the Victim of the animal attack may be as following:-
In case of Death Rs. 1 Lakh
In case of disability In proportionate to the percentage of disability caused as certified by Civil Surgeon of the concerned District in proportionate of amount of Rs. 1 Lakh.
Provided that the victim of the animal attack shall not be entitled for any compensation if incident occurred due to the negligence of the victim himself.
(c) In case of stray dog attack (if attach does not fall under sub rule b) a special compensation of rupee one thousand per puncture and special compensation of rupee two thousand per hole may be granted to the victim by the concerned urban local body on certification by the Government Hospital of the concerned area.
PART I] PUNJAB GOVT. GAZ., OCTOBER 16, 2020 (ASVN 24, 1942 SAKA) 82914. Repeal and Saving :- Any of the provision of any bye-law inconsistent with these bye laws relating to registration, control of animal and compensation to victim in force in the Urban Local Bodies immediately before the commencement of these bye-laws, are hereby deemed repealed:
Provided that any order made or action taken under the bye-laws, so repealed, shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.
FORM-A
FORM OF REGISTRATION/RENEWAL
(See Clause (a) of bye-law 3)
1. Municipal Council/Committee/corporation :
2. Registration No:
3. Name of the applicant:
4. Father's name:
5. Residential address in Municipality:
6. House No. Ward No. Locality
7. Permanent address:
8. Number of animals:
9. Category of animals:
10. Type of animals:
11. Has the animal been certified by the veterinary Doctor to be free from infectious diseases?
12. Has the fee for registration/renewal been paid?
13. If yes, details thereof:
Signature of the applicant
COUNTERFOIL
Registration No.
Received an application for registration/renewal of animals from…………………………… Resident of………………………….
Signature of Registration Clerk,
Municipal Council/Committee/corporation
Sd/-
AJOY KUMAR SINHA, IAS
Chandigarh
Secretary to Government of Punjab The 8th October, 2020 Department of Local Government