FORM 1

THE NATIONAL GREEN TRIBUNAL

MEMORANDUM OF APPLICATION
[Under Section 18(1) read with Sections 14, 15, 16 & 17 of the National Green Tribunal Act, 2010]
.
PARTICULARS OF APPLICANT
S. No. Name Address Name of person
authorized to submit
application on its
behalf
1 Brand Ambassador B- 901, Pinecrest
Viyana Berwal Tower, Godrej
Garden City,
Jagatpur.,,AHMADA
BAD,Gujarat,Indian
2 Naresh Kadyan C 38, Rose
Apartment, Rohini,
Delhi-
110085,,NORTH
WEST,Delhi,Indian
.
PARTICULARS OF RESPONDANT
S. No. Name Address
3 DEPARTMENT OF ANIMAL KRISHI BHAWAN, RAFI
HUSBANDRY DAIRYING AHMED KIDWAI MARG,,NEW
AND FISHERIES DELHI,Delhi,Indian
4 Ministry of Environment Forest Indira Paryawaran
and Climate Change Bhawan,,NEW
DELHI,Delhi,Indian
5 STATE OF HARYANA Haryana Bhawan, Copernicus
Marg, Delhi- 110001.,,NEW
DELHI,Delhi,Indian
.
PARTICULARS OF VIOLATION/IMPUNGED ORDER DETAILS
1 Voilation of Act ENVIRONMENT
(PROTECTION) ACT, 1986
2 Grievance 6.Issue WHITE PAPER, on
the proper coordination, within
all establishments, including
AWBI, FSSAI, APEDA, CPCB,
and NBA, appointing Nodal
Officers, responsible for the
coordination, preventing
global warming.
3 Grounds 2.Guidelines for
operationalization of
Biodiversity, related to grazing
land in India, preventing global
warming, restoring status and
removing all encroachments,
including their title
4 Limitation On the eve of World
Environment Day, 2024, as on
5-4-2024: Global warming.
5 Relief Sought a Breaching public trust,
Violation of
fundamental duties by
all public servants,
hurting my religious
feelings and believes -
Environmental Laws
and Rules, Notification,
Orders and Policies of
Pollution control, along
with their mandate and
functions, restoring
grazing land,
preventing global
warming.
b Restoration of grazing
land, supporting eco-
system and balance,
preventing global
warming, keeping in
view, the Water
(Prevention & Control
of Pollution) Act, 1974
and Air (Prevention &
Control of Pollution)
Act,1981.
c Introduction of the
National Authority for
the Protection of
Biodiversity, with
judicial powers,
merging National
Biodiversity Authority,
Central Zoo Authority,
Animal Welfare Board
of India, National Tiger
Conservation Authority,
National Fisheries
Development Board,
National Bee Board,
National Horticulture
Board, National
Institute for Animal
Welfare etc.
.
.
.
Sign of Applicant
.
.
Sign of A.R.
Verification
Instructions :
Please attach the following to this application :
A1 - True copies of all documents referred in form .
A2 - Proof of Payment .
 1

Hon’ble Chairperson, National Green Tribunal, New Delhi

On the eve of World Environment Day, 2024, as on 5-4-2024: Global warming.
Remembering Chaudhary Om Prakash Kadyan with Smt. Prem Kaur Dhankar, founder of
People for Animal - PFA Haryana, and 1st political wing in India: Animal Welfare Political
Party, during golden jubilee years of Naresh Kadyan activism, for flora and fauna, being an
active part of the Community Policing as Scouting for fundamental duties, as defined under
article 51A of Indian Constitution, inserted during emergency, under 42 nd amendment in the
Constitution: Original Application: of 2024

1. Naresh Kadyan, Convener of Animal Welfare Political Party, Chief National

Commissioner of Scouts and Guides for Animals and Birds, along with National
Authority for Animal Welfare, OIPA: Indian People for Animals, Master Trainer in
Animal Welfare to Govt. of India, C- 38, Rose Apartment, Prashant Vihar, sector- 14,
Rohini, DELHI- 110085, along with his minor granddaughter-

2. Viyana Berwal, Brand Ambassador, Scouts and Guides for Animals and Birds, with
OIPA: Indian People for Animals, B- 901, Pinecrest Tower, Godrej Garden City,
Ahmedabad – Gujarat.

Versus

1. National Biodiversity Authority, through Additional Secretary, Ministry of

Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh
Road, New Delhi – 110 003.
2. Animal Welfare Board, through its Chairman cum Joint Secretary, Department of
Animal Husbandry and Dairying, Krishi Bhawan, New Delhi- 110001.
3. Mr. Sharvan Garg, Chairperson of Haryana Gau Seva Ayog, via Resident
Commissioner at Haryana Bhawan, Copernicus Marg, Delhi- 110001.

S. No Particulars Page
1. INDEX 1
2. Original Application: On the eve of World Environment Day 2024 2-20
3. Judicial Advisory of Constitutional Bench of Supreme Court of India 21-22
4. Communication of AWBI, on Gauchar – Grazing land for Cattles 23-33
5. CZA on 5 freedoms for animals 34-35
6. NBA on 5 freedoms for animals 36-39
7. NBB on 5 freedoms for Honey Bee 40
8. Smart Cities of 5 freedoms for animals 41-42
9. APEDA on 5 freedoms for animals 43
10. Communication on appointment of Court Commissioner 44
11. Rajya Sabha on animal versus goods 45-56
12. NHAI on animal transportation in special vehicles 57-58
13. CIC on 5 freedoms for animals 59-65
14. Elephant, Ox – Bull, Camel power at par with Horse Power 66
15. Let live and live 67

Brand Ambassador Viyana Berwal, via her gtandpaa Naresh Kadyan

 2

Subject: Breaching public trust, Violation of fundamental duties by all public servants,
hurting my religious feelings and believes - Environmental Laws and Rules, Notification,
Orders and Policies of Pollution control, along with their mandate and functions, restoring
grazing land, preventing global warming.

Respectfully sheweth,

Being an active part of Community Policing as man of many achievements and

distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by
profession: Activist by mission: Cobbler by qualification: Scouting by passion:
Humanitarian by choice: Gandhian by vision and action, habitual khadi wearers and
speaking truth, performing fundamental duties, as social reformer, compassionate citizen,
and unpaid labour for flora and fauna, with our mission: Conservation beyond imagination,
during the Golden Jubilee years of activism, nothing for gain and profit, Whistleblower for
community service, it is humbly submitted that:
1. I am a retired non-official Member, State Committee for Slaughter Houses, Department of
Urban and Local Bodies (Govt. of Haryana), established as per directions of Hon’ble
Supreme Court of India, in CWP No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India, retired as
Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for Animal and
Birds, along with National Authority for Animal Welfare, OIPA: Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and adjoining
Rajasthan, for Animal Welfare Division (Govt. of India) and Inspecting Authority for Animal
Welfare Board of India, for Haryana and Punjab, as per item No. 3 of 39th AGM of AWBI,
keeping in view the recommendations of Screening Committee of AWBI.
5. I had been volunteers of Wildlife Crime Control Bureau, and Convener of Animal Welfare
Political Party, political wing for flora and fauna.
6. International Union for Conservation of Nature: IUCN - 2021-2025: Member, Commission
on Education and Communication / CEC Nature for all Network / CEC Reimagine
Conservation Network / CEC Nature Education for Sustainability Network / CEC Youth
Engagement, and Intergenerational Partnerships.

Fundamental duties: It shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National
Flag, and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national struggle for
freedom.
(c) to uphold and protect the sovereignty, unity, and integrity of India.
(d) to defend the country and render national service when called upon to do so.
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic, and regional or sectional
diversities, to renounce practices derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests, lakes, rivers
and wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement.
(k) who is a parent or guardian to provide opportunities for education to his child or,
 3

as the case may be, ward between the age of six and fourteen years.
Five basic principles of Mahatma Gandhi:
Gandhian ethics and values refer to the moral and philosophical principles espoused by
Mahatma Gandhi, a prominent Indian freedom fighter, and social reformer. Gandhi's
philosophy was based on the idea of non-violence, truth, and selfless service to others.
Some of the key elements of Gandhian ethics and values include:
Satya (Truth):
Gandhi believed that truth is the foundation of all morality and the highest form of devotion.
He advocated speaking the truth at all times and rejecting falsehood, deception, and
hypocrisy.
Ahimsa (Non-violence):
Gandhi was a staunch believer in non-violence or ahimsa. He believed that violence only
begets more violence and that true strength lies in peaceful resistance to oppression and
injustice.
Sarvodaya (Welfare of All):
Gandhi's philosophy was centered around the idea of sarvodaya, which means the welfare
of all. He believed that every individual, regardless of caste, creed, or social status, should
be given equal opportunities to live a dignified life.
Swaraj (Self-rule):
Gandhi believed that India's independence from British rule could only be achieved
through self-rule or swaraj. He advocated for economic self-sufficiency and self-reliance,
along with political independence.
Satyagraha (Soul force):
Satyagraha refers to the use of non-violent resistance to achieve social or political change.
Gandhi believed that the power of truth and non-violence could overcome even the most
entrenched systems of oppression.
Overall, Gandhian ethics and values emphasize the importance of compassion,
selflessness, and service to others, along with a commitment to truth, non-violence, and
social justice. These principles continue to be influential in contemporary India and around
the world.
Five liberties of animals, as upheld by the Supreme Court of India, as legal advisory, read
with section 3 of the PCA Act, 1960. Extracts of some Paras of Supreme Court order dated
18.5.2023 in WP (C) No. 23 of 2016 and AWBI endorsed orders passed in SLP (C) No.11686
of 2007: Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally recognized
freedoms for animals, such as:

(i) freedom from hunger, thirst and malnutrition.

(ii) freedom from fear and distress.
(iii) freedom from physical and thermal discomfort.
(iv) freedom from pain, injury and disease and
(v) freedom to express normal patterns of behaviour.

Gaucharand, or Gauchar land, refers to designated areas in India set aside for the grazing
of cattle. These lands have historically played a crucial role in the rural agrarian economy
and hold significant cultural and ecological importance. Here’s an in-depth look at their
role:

1. Biodiversity Conservation- Habitat for Flora and Fauna:

Gauchar lands support a variety of grasses, herbs, and shrubs, providing habitat for
numerous species of insects, birds, and small mammals.
Preservation of Indigenous Species:
 4

These lands often host native plant species that are adapted to local conditions,
contributing to the conservation of regional biodiversity.
2. Environmental Protection-
Soil Conservation:
The vegetation cover on Gauchar lands helps prevent soil erosion, maintaining soil
health and fertility.
Water Cycle Regulation:
These lands aid in groundwater recharge and maintain the local water cycle, which is
crucial for sustaining agriculture and local ecosystems.
Carbon Sequestration:
Vegetation in Gauchar lands acts as a carbon sink, helping to mitigate climate change by
absorbing CO2 from the atmosphere.
3. Impact on Global Warming-
Reduction of Heat Islands:
Gauchar lands contribute to reducing the heat island effect in rural areas by
providing green cover, which cools the surroundings.
Climate Resilience:
These lands enhance the resilience of local communities to climate change by maintaining
ecological balance and supporting sustainable agriculture.
4. Socio-Economic Benefits-
Livestock Sustenance: Gauchar lands provide essential grazing resources for cattle, which
are a significant part of the rural economy in India, especially in states like Haryana.
Livelihood Support:
Many rural families depend on livestock for their livelihood, and Gauchar lands
ensure the availability of fodder, reducing the economic burden on farmers.
Gauchar Land in Haryana-
In Haryana, as in many parts of India, Gauchar lands are crucial for supporting the
predominantly agrarian communities. Here are some specific roles and challenges:

Roles in Haryana:
Support for Dairy Farming:
Haryana is known for its dairy farming, and Gauchar lands are vital for providing
grazing grounds for the cattle.
Agricultural Synergy:
The integration of Gauchar lands within agricultural landscapes supports mixed
farming practices, enhancing overall farm productivity.
Challenges:
Encroachment:
Urbanization and agricultural expansion have led to the encroachment of Gauchar
lands, reducing their availability and effectiveness.
Degradation:
Overgrazing and lack of proper management have led to the degradation of these
lands, reducing their ecological and economic benefits.
Policy and Management:
Legal Protection:
Strengthening legal frameworks to protect Gauchar lands from encroachment and
degradation.
Community Involvement:
Encouraging community-based management practices to ensure sustainable use
 5

and maintenance of Gauchar lands.

Restoration Programs:
Implementing programs for the ecological restoration of degraded Gauchar lands to
revive their biodiversity and productivity.
Conclusion:
Gauchar lands are integral to sustaining biodiversity, protecting the environment, and
mitigating global warming. In Haryana, their role is particularly significant in supporting
livestock-based livelihoods and maintaining ecological balance. Effective management and
protection of these lands are essential for ensuring their continued benefits to rural
communities and the broader environment.

Encroachments and illegal possession of Gauchar lands have become significant issues
across India, including Haryana. These lands, meant for grazing and environmental
conservation, are being diverted for commercial, agricultural, and residential purposes,
undermining their ecological and socio-economic roles. Here’s a detailed look at the
challenges and potential solutions: Challenges-
Encroachment and Illegal Possession-

Urban Expansion:
Rapid urbanization has led to the encroachment of Gauchar lands, especially near
cities and towns.
Agricultural Conversion:
Farmers often illegally convert Gauchar lands into agricultural fields for short-term
gains.
Commercial Development:
There is a growing trend of using these lands for commercial purposes such as
construction and industrial activities.

Change of Title and Misuse-

Forgery and Corruption:

Illegal change of land titles through forgery and corruption is a rampant issue,
facilitating the misuse of these lands.
Lack of Proper Records:
Poor maintenance of land records and lack of digitization make it easier for
encroachments and illegal transfers to occur.

Impact on Biodiversity and Environment-

Loss of Grazing Lands:

Encroachments reduce the availability of grazing lands, adversely affecting livestock
and the livelihoods of rural communities.
Degradation of Ecosystems:
Illegal possession and misuse lead to the destruction of natural habitats, affecting
local biodiversity.
Increased Carbon Emissions:
Conversion of Gauchar lands into non-green uses reduces their role as carbon
sinks, exacerbating climate change.
Solutions and Strategies- Strengthening Legal Frameworks:
 6

Strict Enforcement of Laws:

Ensure stringent enforcement of existing laws protecting Gauchar lands from
encroachment and illegal possession.
Regular Monitoring:
Implement regular monitoring and auditing of Gauchar lands to detect and prevent
illegal activities.
Improving Land Records and Management-

Digitization of Land Records:

Digitize land records to enhance transparency and reduce the risk of forgery and
illegal title changes.
Geospatial Technology:
Use satellite imagery and GIS (Geographic Information Systems) to monitor land use
changes and detect encroachments in real-time.
Community Involvement and Awareness-

Community-Based Management:
Involve local communities in the management and protection of Gauchar lands.
Encourage the formation of local committees to oversee the use and conservation of
these lands.
Awareness Campaigns:
Conduct awareness campaigns to educate communities about the importance of
Gauchar lands and the legal repercussions of encroachment and illegal possession.
Restoration and Conservation Programs-

Restoration Projects:
Initiate ecological restoration projects to rehabilitate degraded Gauchar lands and
restore their ecological functions.
Sustainable Grazing Practices:
Promote sustainable grazing practices to prevent overgrazing and ensure the long-
term health of Gauchar lands.
Policy Interventions-

Land Use Policies:

Develop and implement comprehensive land use policies that prioritize the
conservation of Gauchar lands.
Incentives for Conservation:
Provide incentives to local communities and landowners for the conservation and
sustainable use of Gauchar lands.
Conclusion-
Addressing the challenges of encroachment and illegal possession of Gauchar lands
requires a multifaceted approach involving legal, technological, community, and policy
interventions. Protecting these lands is crucial for maintaining biodiversity, supporting
rural livelihoods, and mitigating climate change. In Haryana, as in other parts of India,
concerted efforts are needed to safeguard Gauchar lands and ensure their sustainable
management for future generations.
As per official website of Animal Welfare Board of India:

The Animal Welfare Board of India is a statutory advisory body on Animal Welfare
 7

Laws and promotes animal welfare in the country. Established in 1962 under Section
4 of the Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960). From ensuring
that animal welfare laws in the country are diligently followed; to provide grants to
Animal Welfare Organizations and advising the Government of India on animal
welfare issues, the Board has been the face of the animal welfare movement in the
country for the last many years. Through its services, Board ensures that animal
welfare laws in the country are diligently followed, provides grants to Animal Welfare
Organizations and advises the Government of India on animal welfare issues. The
Board consists of 28 Members including 6 Members of Parliament (2 Members of
Parliament from Rajya Sabha and 4 Members of Parliament from Lok Sabha).
Mandate:

To prevent the infliction of unnecessary pain or suffering on animals, in terms of the

provision of the Prevention of Cruelty to Animals (PCA) Act, 1960.

Functions:

a) To keep the law in force in India for the Prevention of Cruelty to Animals under constant
study and to advise the government on the amendments to be undertaken in any such law
from time to time.

b) To advise the Central Government on the making of rules under the Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly when
they are being transported from one place to another or when they are used as performing
animals or when they are kept in captivity or confinement.

c) To advise the Government or any local authority or other person on improvements in the
design of vehicles so as to lessen the burden on draught animals.

d) To take all such steps as the Board may think fit for amelioration of animals, by
encouraging or providing for, the construction of sheds, water troughs and the like and by
providing for veterinary assistance to animals.

e) To advise the Government or any local authority or other person in the design of
slaughter houses or the maintenance of slaughter houses or in connection with slaughter
of animals so that unnecessary pain or suffering, whether physical or mental, is eliminated
in the pre-slaughter stages as far as possible, and animals are killed; wherever necessary,
in as humane a manner as possible.

f) To take all such steps as the Board may think fit to ensure that unwanted animals are
destroyed by local authorities, whenever it is necessary to do so, either instantaneously or
after being rendered insensible to pain or suffering.

g) To encourage by the grant of financial assistance or otherwise, the formation or

establishment of Pinjarapoles, rescue homes, animal shelters, sanctuaries and the like,
where animals and birds may find a shelter when they have become old and useless or
when they need protection.

h) To co-operate with, and co-ordinate the work of, associations or bodies established for
the purpose of preventing unnecessary pain or suffering to animals or for the protection of
 8

animals and birds.

i) To give financial and other assistance to Animal Welfare Organisations functioning in any
local area or to encourage the formation of Animal Welfare Organisations in any local area
which shall work under the general supervision and guidance of the Board.

j) To advise the Government on matters relating to the medical care and attention which
may be provided in animal hospitals, and to give financial and other assistance to animal
hospitals whenever the Board thinks it necessary to do so.

k) To impart education in relation to the humane treatment of animals and to encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to
animals and for the promotion of animal welfare by means of lectures, books, posters,
cinematographic exhibitions and the like.

l) To advise the Government on any matter connected with animal welfare or the Prevention
of infliction of unnecessary pain or suffering on animals.

As per official website of National Biodiversity Authority:

The National Biodiversity Authority (NBA) was established in 2003 by the Central
Government to implement India’s Biological Diversity Act (2002). The NBA is a
Statutory body and that performs facilitative, regulatory and advisory function for
Government of India on issue of Conservation, sustainable use of biological
resource and fair equitable sharing of benefits of use.
The Biological diversity Act (2002) mandates implementation of the provisions of the
Act through decentralized system with the NBA focusing on advice the Central
Government on matters relating to the conservation of biodiversity, sustainable use
of its components and equitable sharing of benefits arising out of the utilization of
biological resources; advice the State Government in the selection of areas of
biodiversity importance to be notified under Sub-Section (1) of Section 37 as
heritage sites and measures for the management of such heritage sites.
The State Biodiversity Board (SBBs) focus on advice the State Governments, subject
to any guidelines issued by the Central Government, on matters relating to the
conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilization of biological resources. The NBA
considers requests by granting approval or otherwise for undertaking ant activity
referred to in Sections 3,4 and 6 of the Act.
The SBBs also regulate by granting of approvals or otherwise upon requests for
commercial utilization or bio-survey and bio-utilization of any biological resource by
the Indians. The Local Level Biodiversity Management committees (BMCs) are
responsible for promoting conservation, sustainable use and documentation of
biological diversity including preservation of habitats, conservation of land races,
folk varieties and cultivators, domesticated stocks and breeds of animals and
microorganisms besides chronicling of knowledge relating to biological diversity.
The NBA with its Headquarters in Chennai, Tamil Nadu, India delivers its mandate through
a structure that comprises of the Authority, secretariat, SBBs, BMCs and Expert
Committees. Since its establishment, NBA has supported creation of SBBs in 28 States, 8
UT's facilitated establishment of around 2,77,688 BMCs, advised notification.
Biodiversity Management Committees in States
 9

1. Andhra Pradesh 14157

2. Arunachal Pradesh 1806

3. Assam 2549

4. Bihar 9101

5. Chatttisgarh 12008

6. Goa 205

7. Gujarat 14583

8.. Haryana 6444

9. Himachal Pradesh 3776

10. Jharkhand 4689

11. Karnataka 6554

12. Kerala 1200

13. Madhya Pradesh 23557

14. Maharashtra 28649

15. Manipur 2260

16. Meghalaya 6484

17. Mizoram 894

18. Nagaland 1276

19. Odisha 7256

20. Punjab 13599

21. Rajasthan 11882

22. Sikkim 196

23. Tamil Nadu 13615

24. Telangana 13461

25. Tripura 1264

26. Uttarkhand 7991

27. Uttar Pradesh 59407

28. West Bengal 3830

Total (A) 272693

Biodiversity Management Committees in Union Territories

1. Andaman & Nicobar Islands 71

2. Chandigarh 1
 10

3. Daman & Diu 44

4. Delhi 1

5. Jammu & Kashmir 4658

6. Ladakh 195

7. Lakshadweep 10

8. Puducherry 15

Total(B) 4980

G.Total(A+B) 277688

People's Biodiversity Registers-

1. Andhra Pradesh 14157

2. Arunachal Pradesh 1806

3. Assam 2549

4. Bihar 9101

5. Chatttisgarh 4948

6. Goa 205

7.. Gujarat 14716

8.. Haryana 6444

9. Himachal Pradesh 3776

10 Jharkhand 4689

11. Karnataka 6554

12. Kerala 1034

13. Madhya Pradesh 23557

14. Maharashtra 28649

15. Manipur 199

16. Meghalaya 6484

17. Mizoram 894

18. Nagaland 1276

19. Odisha 7256

20. Rajasthan 11882

21. Punjab 13599

22. Sikkim 196

 11

23. Tamil Nadu 13615

24. Telangana 13461

25. Tripura 1264

26. Uttarkhand 7991

27. Uttar Pradesh 59407

28. West Bengal 3830

Total (A) 263539

1. Andaman & Nicobar Islands 71

2. Chandigarh 1

3. Daman & Diu 44

4. Delhi 0

5. Jammu & Kashmir 4366

6. Ladakh 0

7. Lakshadweep 10

8. Puducherry 0

Total (B) 4492

G. Total (A+B) 268031

Memorandum

Veterinary Council of India Standard of Professional Conduct, Etiquette and Code of Ethics,
for Veterinary Practitioners Regulations, 1992.
As per section 3: Declaration and oath by a Veterinarian: Being admitted to the
profession of veterinary medicine:
A). I solemnly swear to use my scientific knowledge and skills for the benefit of
society through the protection of animal health, the relief of animal suffering,
the conservation of livestock resources, the promotion of public health, and
the advancement of knowledge in veterinary science.
B). I shall practice my profession conscientiously, with dignity, and in keeping
with the principles of veterinary medical ethics.
C). I accept as a lifelong obligation the continuous improvement of my
professional knowledge and competence.
The Food Safety and Standards (Food Products Standards and Food Additives)
Regulations, 2011 under the Food Safety and Standards Act, 2006, wherein definition of
animals is given, and approved.
As per sub-regulation 2.5.1 (a)"animal" means an animal belonging to any of the species
specified below:
(i) Ovines (sheep).
(ii) Caprines (goats or goat-antelopes).
(iii) Suillines (pig family).
(iv) Bovines (ox and cow including buffalo).
 12

(v) Domestic Rabbits (Oryctolagus cuniculus) and includes poultry and fish.
Ritual Slaughter:
Ritual slaughter is slaughter done according to the religious requirements of either
the Jewish (sachet) or Muslim (Halal) and Hindu (Jhatka) religious faith. The animal
is slaughtered, with / without being stunned, with a razor-sharp knife. When the cut
is done correctly, the animal appears not to feel it. From an animal welfare
standpoint, the major concerns during ritual slaughter are the stressful and cruel
methods of restraint (holding) that are used in some plants. Progressive slaughter
plants use devices to hold the animal in a comfortable, upright position. For both
humane and safety reasons, plants which conduct ritual slaughter should install
modern upright restraining equipment.
Direction issued for Slaughter-Meat Processing Unit for registration on Bharat
Pashudhan app NDLM under the Section 39 of PCICDA act 2009.
Streamlining of Halal Certification Process for Meat and Meat Products:
"Halal" and "haram" are terms used in Islam to classify what is permissible (halal) and
what is forbidden or prohibited (haram) according to Islamic law (Sharia).
Halal:
This term refers to things or actions that are permissible or lawful according to
Islamic teachings. It encompasses various aspects of life, including food,
behavior, and business dealings. For example, halal food adheres to specific
guidelines, such as the avoidance of pork and alcohol, and the use of humane
methods in animal slaughter.
Haram:
Haram, on the other hand, denotes what is forbidden or prohibited in Islam.
Actions or items labeled as haram are considered sinful or unlawful
according to Islamic teachings. This can include actions like consuming
alcohol, eating pork, engaging in dishonest business practices, or engaging
in certain behaviors or relationships that are prohibited by Islamic law.
The Food Safety and Standards Authority of India (FSSAI) oversees food regulations in
India. The Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulations, 2011, are part of the legal framework governing food businesses in the
country. However, these regulations primarily focus on food safety and hygiene
standards rather than religious or cultural practices related to animal slaughter.
Regarding stunning before animal slaughtering, while the FSSAI regulations emphasize
standards for the hygiene and safety of food processing, they might not specifically
mandate stunning before slaughter. The regulations primarily focus on ensuring that
food businesses maintain hygienic conditions, follow good manufacturing practices, and
meet safety standards during various stages of food processing, including animal
slaughter.
However, specific requirements or regulations related to stunning before animal
slaughtering might exist at the state or local level, and these could potentially conflict
with traditional halal practices. In such cases, there might be discussions or debates
between religious practices and food safety regulations.
It's essential to review both the FSSAI regulations and any additional local or state
regulations that might specifically address stunning before animal slaughter to get a
comprehensive understanding of the legal requirements and their implications on
 13

religious or cultural practices related to animal slaughter in India.

Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which were amended in
2010, include provisions that mandate stunning before animal slaughtering in India.
These rules were put in place to ensure the humane treatment of animals during
slaughter and are aimed at improving animal welfare standards in slaughterhouses.
The amended rules include guidelines for the proper handling and slaughter of animals
in registered slaughterhouses. Among the provisions is the requirement for stunning
animals before slaughter to minimize suffering and ensure a more humane process.
However, these regulations might conflict with traditional halal methods that emphasize
specific religious practices during animal slaughter, where stunning before slaughter is
not part of the process.
This requirement has led to debates and discussions within religious communities,
particularly among those following Islamic dietary laws, as stunning before slaughter
might not align with their religious practices.
The implementation and adherence to these rules can vary across regions and
slaughterhouses in India. While the rules aim to improve animal welfare, they can pose
challenges for communities that follow specific religious guidelines for animal slaughter.
As per Food Safety and Standards Act, 2006:
Section 29: Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be responsible for the
enforcement of this Act.
(2) The Food Authority and the State Food Safety Authorities shall monitor and verify
that the relevant requirements of law are fulfilled by food business operators at all stages
of food business.
(3) The authorities shall maintain a system of control and other activities as appropriate
to the circumstances, including public communication on food safety and risk, food
safety surveillance and other monitoring activities covering all stages of food business.
(4) The Food Safety Officers shall enforce and execute within their area the provisions of
this Act with respect to which the duty is not imposed expressly or by necessary
implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety Officers are to
enforce and execute them, either generally or in relation to cases of a particular
description or a particular area, and any such regulations or orders may provide for the
giving of assistance and information by any authority concerned in 11the administration
of the regulations or orders, or of any provisions of this Act, to any other authority so
concerned, for the purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise the same
powers as are conferred on the Food Safety Officer and follow the same procedure
specified in this Act.
Section 89: Overriding effect of this Act over all other food related laws- The provisions
of this Act shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or in any instrument having effect by virtue of
any law other than this Act.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001:
 14

Rule 6. Slaughter –
(1) No animal shall be slaughtered in a slaughter house in sight of other animals
(2) No animal shall be administered any chemical, drug or hormone before
slaughter except drug for its treatment for any specific disease or ailment.
(3) The slaughter halls in a slaughter house shall provide separate sections of
adequate dimensions sufficient for slaughter of individual animals to ensure that
the animal to be slaughtered is not within the sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate space for
stunning of animals prior to slaughter, bleeding and dressing of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit the animal
and particularly the ritual slaughter; if any and such knocking section and dry
landing area associated with it shall be so built that escape from this section can
be easily carried out by an operator without allowing the animal to pass the escape
barrier.
(6) A curbed-in bleeding area of adequate size as specified by the Central
Government shall be provided in a slaughter house and it shall be so located that
the blood could not be splashed on other animals being slaughtered or on the
carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be immediate and
proper
(8) A floor wash point shall be provided in a slaughter house for intermittent
cleaning and a hand-wash basin and knife sterilizer shall also be provided for the
sticker to sterilize knife and wash his hands periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on floor and
adequate means and tools for dehiding or belting of the animals shall be provided
in a slaughter house with means for immediate disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter house either
in a closed wheelbarrow or by a chute provided with self-closing door and in no
case, such hides or skins shall be spread on slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with sterlizer
shall be provided in a dressing area of a slaughter house with means for
immediate disposal of legs, horns, hooves and other parts of animals through
spring load floor chutes or sidewall doors or closed wheelbarrows and in case
wheelbarrows or trucks are used in a slaughter house, care shall be taken that no
point wheelbarrow or truck has to ply under the dressing rails and a clear passage
is provided for movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be provided
sufficient for inspection of the viscera of the various types of animals slaughtered
in a slaughter house and it shall have adequate facilities for hand washing, tool
sterilization and floor washing and contrivances for immediate separation and
disposal of condemned material.
13. Adequate arrangements shall be made in a slaughter house by its owner for
identification, inspection and correlation of carcass, viscera and head.
14. In a slaughter house, a curbed and separately drained area or an area of
sufficient size, sloped 33 mm per meter to a floor drain, where the carcasses may
 15

be washed with a jet of water, shall be provided by the owner of such slaughter
house.
Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulations, 2011:
Rule 4.0 Slaughter:
Animals are slaughtered by being first stunned and then exsanguinated (bled out).
Stunning can be affected through asphyxiating the animals with carbon dioxide,
shooting them with a gun or a captive bolt pistol, or shocking them with electric current.
Rule 4.1. Stunning:
Stunning before slaughter should be mandatory. By inducing unconsciousness and
insensibility, stunning can avoid and minimize reactions of fear and anxiety as well as
pain, suffering and distress among the animals concerned. Stunning methods induce
temporary loss of consciousness and rely on prompt and accurate sticking procedures
to cause death.
It is important that the equipment utilized for stunning and slaughter is maintained in
good working condition and that all operators involved are well trained and have a
positive attitude towards the welfare of animals.
Electrical stunning consists of passing electricity through the brain to produce
instantaneous insensibility.
Prevention of Cruelty to Animals Act, 1960:
Section 11 of the Prevention of Cruelty to Animals Act, 1960: Treating animals cruelly, If
any person-
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any
animal so as to subject it to unnecessary pain or suffering or causes or, being
the owner permits, any animal to be so treated.
(b) employs in any work or labour or for any purpose any animal which, by reason of
its age or any disease, infirmity, wound, sore or other cause, is unfit to be so
employed or, being the owner, permits any such unfit animal to be so employed.
(c) willfully and unreasonably administers any injurious drug or injurious substance
to any animal or willfully and unreasonably causes or attempts to cause any such
drug or substance to be taken by any animal.
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a
manner or position as to subject it to unnecessary pain or suffering
(e) keeps or confines any animal in any cage or other receptacle which does not
measure sufficiently in height, length and breadth to permit the animal a
reasonable opportunity for movement
(f) keeps for an unreasonable time any animal chained or tethered upon an
unreasonably short or unreasonably heavy chain or cord
(g) being the owner, neglects to exercise or cause to be exercised reasonably any
dog habitually chained up or kept in close confinement
(h) being the owner of any animal fails to provide such animal with sufficient food,
drink or shelter
(i) without reasonable cause, abandons any animal in circumstances which render it
likely that it will suffer pain by reason of starvation or thirst
 16

(j) willfully permits any animal, of which he is the owner, to go at large in any street
while the animal is affected with contagious or infectious disease or, without
reasonable excuse permits any diseased or disabled animal, of which he is the
owner, to die in any street
(k) offers for sale or, without reasonable cause, has in his possession any animal
which is suffering pain by reason of mutilation, starvation, thirst, overcrowding
or other ill-treatment
(l) multilates any animal or kills any animal, including stray dogs by using the
method of strychnine injections in the heart or in any other unnecessarily cruel
manner
(m) solely with a view to providing entertainment-
(i) confines or causes to be confined any animal, including tying of
an animal as a bait in a tiger or other sanctuary, so as to make it
an object of prey for any other animal.
(ii) incites any animal to fight or bait any other animal
(n) organizes, keeps, uses or acts in the management of, any place for animal
fighting or for the purpose of baiting any animal or permits or offers any place to
be so used or receives money for the admission of any other person to any place
kept or used for any such purposes.
(o) promotes or takes part in any shooting match or competition wherein animals are
released from captivity for the purpose of such shooting.

Section 11(3)(e): The commission or omission of any act in the course of the destruction or
the preparation for destruction of any animal as food for mankind unless such destruction
or preparation was accompanied by the infliction of unnecessary pain or suffering.
Compendium containing various standards, Rules and Statutes, Governing the slaughter of
animal and Management of Slaughterhouse, including solid waste management and
disposal. The consumption of meat, chicken and fish also needs attention, keeping in view
demand and supply – surplus census of animals, need immediate attention.

As per section 3 of the Prevention of Cruelty to Animals Act, 1960:

Duties of persons having charge of animals:
It shall be the duty of every person having the care or charge of any animal to take all
reasonable measures to ensure the well-being of such animal and to prevent the infliction
upon such animal of unnecessary pain or suffering.
Prevention of Cruelty to Animals Act, 1960:
As per section 2 (a), read with IPC 47:
"animal" means any living creature other than a human being.
As per the Carriage by Road Act, 2007:
Section 2: Definitions – In this Act, unless the context otherwise requires: (e) “goods”
includes (ii) animals or livestock.
Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention
of Cruelty to Animals) Rules, 2001 was introduced.

As per Rule 3:
Society for Prevention of Cruelty to animals in a district:
(1) Every State Government shall by notification in the Official Gazette, establish, as
soon as may be and in any event within six months from the date of
commencement of these rules, a society for every district in the State to be the
 17

SPCA in that district. Provided that any society for Prevention of Cruelty to
Animals functioning in any district on the date of commencement of these rules
shall continue to discharge its functions till establishment of the SPCA in that
district under these rules.

(2) The Managing Committee of the Society shall be appointed by the State
Government or the local authority of the district consisting of a Chairperson to be
appointed by the State Government or the local authority of the district, as the
case may be with the concurrence of the Board and shall consist of such number
of other members as may be considered necessary by the State Government or
the local authority of the district subject to the condition that:

(i). at least two members shall be representatives of the Animal Welfare

Organizations which are actively involved in the work of prevention of cruelty to
animals and welfare of animals preferably from within the district; and

(ii). at least two members shall be the persons elected by the general body of
members of the Society.

(3) The duties and powers of the Society shall be to aid the Government, the Board
and local authority in enforcing the provisions of the Act and to make such bye-
laws and guidelines as it may deem necessary for the efficient discharge of its
duties.

(4) The Society, or any person authorized by it in this behalf, if it or he has

reasonable grounds for believing that any person has committed an offence
under the Act, it or such authorized person may require such person to produce
forthwith any animal in his possession, control, custody or ownership, or any
license, permit or any other document granted to such person or required to be
kept by him under the provisions of the Act and may stop any vehicle or enter
into any premises in order to conduct a search or inquiry and may seize an animal
in respect of which it or such authorized person has reason to believe that an
offence under the Act is being committed, and deal with it in accordance with
law.
(5) In addition to the powers conferred by these rules, the State Government may, in
consultation with the Board, confer such other powers upon any Society for
exercising the powers and discharging the functions assigned to it under these
rules.

As per Rule 4: Setting up of infirmaries and animal shelters:

(1) Every State Government shall provide adequate land and other facilities to the Society
for the purpose of constructing infirmaries and animal shelters.
(2) Every infirmary and animal shelter shall have –
(i) a full-time veterinary doctor and other staff for the effective running and maintenance of
such infirmary or animal shelter; and
(ii) an administrator who shall be appointed by the Society.
(3) Every Society shall, through its administrator or otherwise, supervise the overall
functioning of the infirmaries and animal shelters under its control and jurisdiction. (4) All
cattle pounds and pinjrapoles owned and run by a local authority shall be managed by
such authority jointly with the Society or Animal Welfare Organizations.
As per Rule 5: Regulation of SPCAs:
 18

(1) Every Society shall submit its annual report to the Board incorporating therein the
activities undertaken by it for the welfare of animals and the steps or measures
taken by it to implement various provisions of the Act and the rules made thereunder
along with annual accounts duly audited by a chartered accountant or any other
body authorized by law within a period of one month from the date of its accounts
having been finalized by its managing committee.
(2) The Board shall examine such annual report and the annual accounts submitted by
the Society and may give any directions to it for improvement of its functioning
including the supersession of the managing committee of the Society with a view to
give effect to the provisions of the Act and the rules made thereunder. Provided that
the Board shall give opportunity of personal hearing to the office bearers of the
Society or any representative authorized by it before giving direction of its
supersession and holding of fresh elections for electing a new managing committee
as per bye-laws of the society.
(3) The Board shall give any direction to any Society in the interest of smooth and
efficient functioning of the Society including the procedure for holding the election
of the managing committee of the Society, utilization of financial resources and
management of assets of the Society with a view to give effect to the provisions of
the Act and the rules made thereunder.

Strict compliance of:

1. Prevention of Cruelty (Capture of Animals) Rules, 1972
2. Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.
3. Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
4. Performing Animals Rules, 1973 and 2001.
5. Transport of Animals Rules, 1978, amended in 2001 and 2009.
6. Prevention of Cruelty to Animals (Application of Fines) Rules, 1978
7. Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.
8. Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.
9. Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998,
2001, 5 and 2006.
10. Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, amended in 2010.
11. Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001.
12. Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017.
13. Animal Birth Control Rules, 2023.
14. Prevention of Cruelty to Animals (Pet Shop) Rules, 2018.
15. Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals)
Rules, 2017.
16. Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2023.
17. Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures)
Rules, 2023.
18. Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
Prayers:
Minutes of the 44th General Meeting of the Animal Welfare Board of India held on 18th
January, 2018 at Chennai, needs immediate attention.
Direction may be issued, with time frame policy:
1. Restoration of grazing land, supporting eco-system and balance, preventing global
warming, keeping in view, the Water (Prevention & Control of Pollution) Act, 1974 and
 19

Air (Prevention & Control of Pollution) Act,1981.

2. Animal Welfare Board of India, for strict compliance of compendium, prepared in
CWP No. 309 of 2003, including animal transportation mechanism, restoring five
freedoms for animals being judicial advisory. STOP haram animal transportation and
illegal slaughtering without stunning. Review all mechanism enforced.
3. Review annual reports along with compliance of Environmental Laws and Rules,
Notification, Orders and Policies of National Biodiversity Authority, Central Pollution
control Board and all State Pollution Control Boards / all State Animal Welfare Board
/ all State Biodiversity Boards / all Society for Prevention of Cruelty to Animals.
4. Protect my religious feelings, social fabric and believes, as illegal transportation and
slaughtering, including camel, violating FSSAI guidelines, breaching public trust.
Kind attention for strict compliance, within the juridiction of India:
Judicial Advisory of Constitutional Bench of Hon’ble Supreme Court, related 5 freedoms for
fauna being all living creatures, other than human beings and Compendium issued in CWP
309 of 2003:

All recognized establishments of AWBI and CZA, may be alerted, to perform-

1. Strict compliance of all verdicts, passed by the Legislative Mechanism,

including Advisory on Gochar land, issued by AWBI as on 05-03-18, along
with the request for disclosing the particulars of Gochar-grazing land
available in each village and make the same available for grazing of cows in
respective states dated 23-02-2021.
2. Guidelines for operationalization of Biodiversity, related to grazing land in
India, preventing global warming, restoring status and removing all
encroachment’s, including their title.
3. Rule 3 of the Veterinary Council of India Standard of Professional Conduct,
Etiquette and Code of Ethics, for Veterinary Practitioners Regulations, 1992.
4. Prevention of Cruelty to Animals (Animal Husbandry Practices and
Procedures) Rules, 2023.
5. Section 2(d) of the Prevention and Control of Infectious and Contagious
Diseases in Animals Act, 2009: “Compulsory vaccination” means
vaccination of any animal against any scheduled disease in respect of which
vaccination is made mandatory under the provisions of this Act.
Central Motor Vehicle (Eleventh Amendments) Rules, 2015 and Central Motor
Vehicle (13th Amendment) Rules, 2016, read with the Indian Standards:
Transport of Livestock – Code of Practice and pre-transport permit - Rule 96
of Transport of Animals Rules, 1978, amended in 2001 and 2009.
6. Issue WHITE PAPER, on the proper coordination, within all establishments,
including AWBI, FSSAI, APEDA, CPCB, and NBA, appointing Nodal Officers,
responsible for the coordination, preventing global warming.
7. Introduction of the National Authority for the Protection of Biodiversity, with
judicial powers, merging National Biodiversity Authority, Central Zoo
Authority, Animal Welfare Board of India, National Tiger Conservation
Authority, National Fisheries Development Board, National Bee Board,
National Horticulture Board, National Institute for Animal Welfare etc.
8. As deems fit.
 20

Convener, Animal Welfare Political Party, Master Trainer in

Animal Welfare to Govt. of India - Naresh Kadyan, Chief
National Commissioner, Scouts & Guides for Animals &
Birds, National Authority for Animal Welfare, OIPA: Indian
People for Animals, Retired Commissioner, Bharat Scouts
and Guides, Haryana, Ex-Member, State Committee for
Slaughterhouses, Haryana, C- 38, Rose Apartment, Sector-
14, Rohini, Delhi -110085.
WhatsApp: 9813010595, Email: kadyan.ipfa@gmail.com
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Let Live and Live

 Naresh Kadyan,
Master Trainer in Animal Welfare to Govt. of India
Retired Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
Founder Scouts and Guides for Animals
and Birds / OIPA: Indian People for
Animals
C- 38, Rose Apartment, sector- 14, Rohini,
Delhi- 110085.
Let live and live

Being an active part of Community Policing as

man of many achievements and distinctions:
Voice for voiceless: Fighter by spirit: Jat by
birth: Philanthropist by profession: Activist by
mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by
vision and action, habitual khadi wearers and
speaking truth, performing fundamental duties,
as social reformer, compassionate citizen, and
unpaid labour for flora and fauna, our mission: kadyan.ipfa 9813010595
Conservation beyond imagination: @gmail.com
1. Retired as Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
2. Lifetime as Chief National Commissioner, X
Scouts and Guides for Animal and Birds.
3. Lifetime as National Authority for Animal @nareshkadyan @nareshkadyan
Welfare, OIPA: Indian People for Animals.
4. Had been CPCSEA nominee, for many
establishments, including NDRI.
5. Nodal Inspecting Authority for Haryana
and adjoining Rajasthan, for Animal
Welfare Division (Govt. of India).
6. Inspecting Authority for Animal Welfare
Board of India, for Haryana and Punjab,
as per item No. 3 of 39th AGM of AWBI,
keeping in view the recommendations of
Screening Committee of AWBI.
7. Had been volunteers of Wildlife Crime
Control Bureau: WCCB.
8. Non-official Member, State Committee for
Slaughter Houses, Department of Urban
and Local Bodies (Govt. of Haryana).
 9. Since 1998 up to 2018, Founder Chairman,
People for Animals - PFA Haryana.
10. Since 2008 up to 2021, Representative of
OIPA in India, affiliated with UN.
11. Elected Member, Clothing and Footwear
Institute, London as 8-11-1988.
Date of Birth: October 10, 1961.
Educational qualifications:
1. Master of Arts in Mass Communication
and Journalism.
2. Post Graduate Diploma in Journalism and
Mass Communication
3. Diploma in Footwear Technology
4. Advance Course in Footwear Technology
5. Master Trainer in Animal Welfare - Govt. of
India, November 15-29, 2000.
Outstanding performance:
50 years’ rich experience in Gandhian
Ethics, Ideology, and Philosophy,
including 18 years as District Khadi and
Village Industries Officer, besides Duty
Magistrate during prohibition policy in
Haryana.
Voluntary Retirement as Supreme sacrifice, at
the time of promotion, before 5 years:
August 5, 2014
Publication:
Two Books compiled for legislations
related to Animal Welfare and Biodiversity
International Union for Conservation of Nature:
IUCN - 2021-2025:
1. Member, Commission on Education and
Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation
Network
4. Member, CEC Nature Education for
Sustainability Network
5. Member, CEC Youth Engagement and
Intergenerational Partnerships Network
Whistleblowers, exposing halal versus haram
and animal versus goods, being living creature
Property: Valid License for 2 Arms, all over India.
Chaudhary Om Parkash Kadyan - Smt. Prem Kaur Dhankar Memorial Foundation

2
 ANIMAL WELFARE BOARD OF INDIA
CHENNAI – 41

Minutes of the 44th General Meeting of the Animal Welfare Board of

India held on 18th January, 2018 at Chennai.

PRESENT

1. Shri S.P. Gupta, IAS (Retd.) - Chairman

2. Shri Rajeev Gupta, IAS (Retd.) }

}
3. Shri V.B.Dubey,Joint Secretary(Judl)M/o Home Affairs}
4. Shri Mohan Singh Ahluwalia }
5. Shri Girish J. Shah }
6. Prof.R.S. Chauhan }
College of Veterinary & Animal Science,Uttarakhand}
7. Dr. Vaidya Hitesh Jani }
Head & Chief Physician, Dept. Of Panchakarma, }
Jamnagar, Gujarat Ayurved University }
8. Shri Sunil Mansinghka } Members
9. Ms. Anjali Gopalan }
10. Shri Rakesh Gupta }
11. Shri Ajit Sharad Kelkar }
12. Shri Ramesh Kumar -Under Secretary(AW),MoEF&CC
13. Shri M. Ravi Kumar, IFS - Secretary
14. Shri S. Vinod Kumaar - Assistant Secretary

Shri Sidhanta Das, DGF&SS, Shri. Ram Krishan Raghuvanshi, Shri Dhanpal Singh, Dr.
Prakash Amte, Dr.Rajani Kaul, ICMR and IGF (WL) requested for leave of absence and
the same was granted.

Item No.1: Introduction of newly nominated Members of AWBI.

Chairman AWBI welcomed the Board Members was present and requested the
Members for self introduction and it was done.

Item No.2: Welcome Address by Chairman, AWBI.

At the outset, Chairman welcomed the Honorable Members of the Board and
stated that he feels privileged to chair this august Board, which comprises animal lovers
and experts in their respective fields.

He stressed that one of the most important concern before the Board is the
depletion of Gochar / grazing lands, for want of which animals sufferings are maximum

Page 1 of 13
as neither they have fodder nor any other feed items easily available to them. Even
Honorable Supreme Court has directed in a number of cases particularly in the case of
the State of Jharkhand and Others-versus Pukar Jagran Manch & Others that Gochar
lands should be protected preserved and be used only for the animals, but unfortunately
mot of such lands have either been encroached upon or diverted to other purposes.
Therefore, he emphasized that we should collect data of Gochar land throughout the
country, and should be issued advisory to the State Governments so that Gochar lands
should be utilized only for feeding them or providing shelters to the animals/cattle.

The Chairman stated that at present the State Animal Welfare Boards and the
district animal welfare boards either have not been set up or the existing outfits are non-
functional. He emphasized that to implement the apex court directions of setting up
three-tier systems across the country needs to be given top priority to make the Board
effective up to the grass-root level.

The Chairman stated the problem of stray cattle has increased manifold
irrespective the area is rural or urban. Therefore, priority should be given to provide
such hapless animals with shelter and feed. If need be, a new scheme may be
launched.

The Chairman further said that the funds / grants available to the Board are
almost negligible and the Board would take up the matter of augmenting the funds
substantially with the Ministry, so that not only on-going schemes / projects are properly
implemented, but new schemes could also be launched.

The Chairman stated that the present Act and its Rules are antiquated, and
needs to be thoroughly amended and updated as per the needs of the changing times.

The Chairman requested Board members to express their specific interests for
accommodating them in the executive committee, sub-committees for better functioning
for the Board.

Chairman referred to some other points received from Board members through
email and during the informal meeting with the executive members on January 17,
2018, where the members had expressed concern on a number of issues, the emphasis
was on the following issues:-

The non-functioning of the Board due to in-sufficient grants.

The undefined status and no provision for remuneration to the members, Vice
Chairman, and Chairman, it may be adequately defined.
Page 2 of 13
 The filling of the vacant sanctioned posts, filling up of other posts as per-
requirements on temporary basis as per provision of the rules be expedited at the
earliest.

To review the already issued HAWO (Honorary Animal Welfare Officer) cards for
preventing their misuse and further making a transparent policy for issuing such cards.

Shifting of the Headquarters of the Board from Chennai to New Delhi / NCR.

Allowing private airlines to be used for travelling, where Air India (AI) does fly and
also direct Air India flight not available.

Need for a transparent policy regarding ABC scheme in view of the mounting
complaints.

The Chairman referring to the issues raised above hoped that the Board would
deliberate on these important issues in this meeting only, and take a unanimous
decision so that the issues could be taken up with the Ministry accordingly.

The Chairman expressed that with the unanimous support and zeal of the
Honorable Members, he would be able to re-establish the role and mandate given to the
Board to make it a countrywide movement for the uncared animals and cattle.

Item No.3: Confirmation of the Minutes of the 48th Annual General Meeting of
the Board held on 04.05.2017.

The Minutes of the 48th Annual General Meeting of the Board held on
04.05.2017 were confirmed and approved.

Item No.4: Report on action taken on the minutes of the 48th Annual General
Meeting of the Board held on 04.05.2017.

Regarding item no. (2), the Board directed that periodical reminders should be
sent to get the details of the nodal officer of the SAWB for better co-ordination. The
contact details of the nodal officers should be circulated to the Members for better co-
ordination. Also workshops should be arranged to be conducted by the Board in the
States to make the SAWBs and District SPCAs effective.

The Board decided to carry out inspection of poultry farms (reg. Item no. 6) of
Panchkula, Ambala, Kurukshetra in Haryana, if they were not inspected earlier, by a
representative who is an expert on the subject from Lala Lajpat Rai University, an

Page 3 of 13
Expert from the Ministry of Environment & Forests on Flies and Prof. R. S. Chauhan,
Member with the coordination of Shri Mohan Singh Ahluwalia, Member. The letters for
inspection to be sent should also specify about the TA/DA entitlements of the inspecting
persons and that TA/DA will be paid by AWBI if the officials were to not claim it from
their department.

Provisions for the honorarium to the Chief Veterinary Officers / representatives of

the District Welfare Committees and State Animal Welfare Boards have to be made /
defined. The Board authorized Chairman, AWBI for deciding the provisions of the
honorarium.

The Board requested the Ministry representative to follow up on the issue of

notification of the PCA (Constitution of State Animal Welfare Board) Rules and inform
the Board.

Regarding (item no.9) The Board decided that a draft letter addressed to the M/o
Health, M/o Consumer Affairs and FSSAI regarding adulteration of milk is to be
prepared and sent by Shri Mohan Singh Ahluwalia, Member, AWBI to the office for
approval of Chairman before being sent to concerned.

The Board directed that any draft advisory is to be first vetted through the legal
sub-committee before it is placed to the Board.

Ms Anjali Gopalan stated that the board should be provided with more teeth to
deal with cruelty matters, it is decided to propose to the Ministry for asking
compounding powers to Chairman, AWBI may be proposed to deal with the cruelty
matters to have more deterrence.

On the matter regarding implementation of NRCP in Haryana the Board decided

that the evaluation of the program is to be conducted by Prof. R. S. Chauhan, Ms. Anjali
Gopalan and Dr. Rakesh Gupta along with AHD representative. The AWOs and the
State Animal Husbandry Department shall be requested to furnish all required
documents and records and provide assistance to the team for conducting the
inspection.

The Board also decided to conduct an evaluation of the ABC program

implemented in Dehradun and that the evaluation is to be conducted by Prof. R.S.
Chauhan along with representative from State Animal Welfare Board / Animal
Husbandry Department. A letter is to be sent to the Dehradun Nagar Nigam (Shri
Vivekanandan) to keep all the records ready and provide the necessary cooperation for
conducting the evaluation. It was also decided that funds not be released till the
evaluation is done and the report is submitted within one/two months.

On the matter regarding review of recognised AWOs for filtering deserving /

active AWOs from defunct organisations, the Board decided that reminders should be
sent for conducting the inspections and state wise list of AWOs is to be given to

Page 4 of 13
Members of Board as decided below for providing inputs and co-ordination on this
matter for inspection of AWOs:

Shri Rajeev Gupta - Uttar Pradesh

Shri Rakesh Gupta -
Ms. Anjali Gopalan -
Shri Mohan Singh Ahluwalia -
Prof.R.S. Chauhan &
Shri Dharmpal - Kashmir
Shri Ajit Sharad Kelkar &
Shri Ramkrishna Raghuvanshi -
Shri Sunil Mansinghka &
Shri Prakash Amte -
Shri Hitesh Jani -
Shri Girish J. Shah -
Haryana and Rajasthan
Delhi
Punjab and Chandigarh
Uttarakhand, Himachal Pradesh and Jammu &
Madhya Pradesh, Chhattisgarh and
Jharkhand
Vidarbha region of Maharashtra, Bihar, Orissa, West
Bengal & North Eastern States
Gujarat
Maharashtra except Vidharbha region, all Southern
States and UTs. List of all States to be given to him.

However to change the allocation or to complete the action quickly, the Board
authorized the Chairman to carry out the inspection by Co-opted members or other
animal welfare orgnizations / HAWOs etc.

Reg. Item no.16, the Board directed that letters are to be sent to AWOs within a
week from whom Utilisation Certificates are pending for recovering the amount.
Thereafter reminders should be sent periodically and even after that recovery is not
effected than action for recovering the amount as arrear of land revenue through District
Collector should be started and simultaneously defaulting AWO should be black listed.

It is observed by the Members that the Board office has taken very delayed action
on few of the agenda items of AGM held on 04.05.2017 and it is decided that the board
office need to take action within 07 days of the approval of minutes of Board meeting,
failing of which the Board will take serious note of it and the responsibility for the same
will be fixed.

Item No.5: Ratification of Minutes of the Grants Sub-Committee Meeting of the

Board held on 15.12.2017.

The minutes of the Grants-sub-committee meeting held on 15.12.2017 were kept

pending for want of certain clarifications by the office. Those details should be put up
before the next Grant Sub Committee meeting.

Item No.6: Consideration of matter regarding Budget sanctioned and received

from the Ministry for the year 2017-18 and Grant-in-aid
sanctioned/released/pending for release to AWOs under the
schemes of AWBI.

The Board noted that the Budget provided for the schemes are very meagre and
decided to request the Ministry to enhance the Budget to Rs. 50 Crore to carry out 3
Page 5 of 13
new schemes and other current schemes. Out of which 10 crore to be allocated
exclusively for maintaining dry / diseased / old / stray Gowansh and carrying out
manufacturing of at least one product / medicine based on Panchagavya, 10 crore for
dealing with natural calamity scheme to provide immediate relief and animals which are
handed over by the Courts / District Administration to the AWOs for their maintenance,
10 crore for the development of Gocharan land for providing fodder and shelter to
animals and other animal welfare activities like setting up of Bio Gas plant on such land
and balance 20 crores to be spent on the ongoing schemes of the Board. It was also
decided that the applications for all the schemes to be simplified and to be made online.
Office will put up the simplified and online forms within a week before the Chairman for
approval. Chairman was authorised by the Board to finalize the above in consultation
with the members of the Grant Sub Committee members.

Regarding new launching of new schemes and for making provisions for the
funds office may send the proposal to the Ministry for its approval within 7 days.

Item No.7: Consideration of appointment of District Co-ordinator in each District

as facilitator to assist the Board for inspections by Govt. Officials,
collection of UCs, submission of grant applications, registration with
NITI Aayog by AWOs etc.

It is decided that one person to be appointed as District Co-ordinator of AWBI in

each District which will coordinate with District SPCAs and act as a facilitator to assist
the Board and facilitate the animal husbandry officials for inspection of AWOs, collection
of UCs, submission of grant applications, registration of AWOs with NITI Aayog, etc.
Board authorized Chairman to appoint such coordinator with the consultation of the
members of the Grant Sub Committee.

Item No.8: Confirmation of agenda item circulated to Members of the Board

regarding requirement of registration of animal welfare organisation
in Niti Aayog Portal for consideration of Recognition and Financial
Assistance to AWOs.

The AWOs who have not yet registered with Niti Aayog should be informed again
to register with Niti Aayog and furnish the Unique ID number assigned to them by the
NGO Darpan portal. Letters should be sent in both Hindi and English for easy
understanding. Concerned should be informed that no grant or any type of assistance
will be granted to any AWO who have not registered with Niti Aayog. It was decided that
concerned officials of the Board as well as members of the Board within their jurisdiction
will guide the AWO for registering them with the NITI Aayog.

Item No.9: Revising of Application for grant-in-aid under Plan Scheme (Regular
Grant), Central Sector Schemes and Recognition.

The Board authorized the Chairman to form a committee for revising the
application forms through Grants Sub Committee. All application forms have to be made
Page 6 of 13
online at the earliest. It was agreed that the application form is to be simplified for all the
schemes of AWBI.

The Board decided that organisations who apply for recognition need to be
registered under the relevant Act like Societies Registration Act, Indian Trust Deed Act
etc. and also with Niti Aayog. The current requirement of verification of AWO by local
body, sarpanch etc should be decided by the Grants Sub Committee at the time of
simplification of the applications forms whether such verification is required.

Item No.10: Consideration of revising the criteria for sanction of Regular Grant to
AWOs.

It was decided that release of initial grant of Rs.10,000/- is to be stopped and

only Recognition should be given to new AWOs. The process of application for
recognition should be made online. The criteria of sanctioning of Regular Grant to
AWOs needs to be revise and Board decided that the Grants Sub Committee to finalize
the criteria for sanction of regular grant.

Item No.11: Consideration of uniform design for construction of shelter house

under the Shelter House Scheme.

The Board discussed the matter and it was agreed that the and design proposed
by Shri Girish J. Shah, Member was appreciated by the Board and further decided that
different designing based on the sheltering capacity of the animals be made and finalize
by the Grants Sub Committee. It was also decided that the designs finalized by the Sub
Committee will not be binding on the AWOs to adopt but only act as a facilitator for
construction of cost effective shelters.

Item No.12: Consideration of enhancement of maximum permissible grant under

the Schemes viz. Shelter House, Provision of Ambulance and ABC
Programme.

Shri Girish J. Shah brought to the notice of the Board that an ambulance service
is introduced in Gujarat which costs around Rs.40 lakhs each. Some members were of
the view that shelter grant also needs to be increased and should be given based on the
sheltering capacity of the animals by the AWOs. Board decided that Ambulance be
enhanced upto Rs.10 lakhs including 25% share of the AWO. The said grant will be
sanctioned only after verifying the financial capacity of the AWO to meet the running
expenses of the Ambulance. Similarly in rural areas at present Tractor with Trolley is
provided in this category for enhancing the grant in this category and enhancement of
maximum permissible grant under the shelter house grant and ABC grant, the Board
authorized the Grant Sub Committee to finalize the grant amounts for these schemes in
the next GSC meeting so that Ministry’s approval be taken at the earliest.

Page 7 of 13
Item No.13: Consideration for formation of Disaster Management System for
rescue and treatment of animals in distress during natural
calamities.

The Board decided that the EC may take a decision on the matter in its next
meeting so that required feed and treatment on emergency basis during natural
calamity be provided to the affected animals immediately without waiting to receive
formal proposal.

Item No.14: Brief on matter relating to important pending court cases by

Secretary, AWBI

The Board took note of the matter of pending legal cases. Chairman suggested
to the Members to recommend Advocates who can offer their services free of cost (pro
bono) for legal advice and for appearing in court cases for AWBI. It was decided that
there are number of court cases in various courts throughout the country and there is an
urgent need to have a proper watch and to protect the animals from cruelty and for
proper implementation of PCA act and rules made there under. A legal advisor and
legal assistant be appointed at AWBI to coordinate and keep records of the legal cases.
One advocate in all states and UTs be authorized to take care of the cases in their
respective states and UTs. One person at each district be identified for taking care of
the legal cases and court matters there. It was also decided that for engaging these
people, it was decided that it will be tried to the maximum that these advocates are on
volunteer basis having good reputation and images.

Board authorized the Legal Sub Committee to finalize the terms and conditions
and quantum of remuneration to be paid to them in the next meeting of the Legal Sub
Committee.

Shri Girish Shah brought to the notice of the Board about Ms.Gauri Maulekhi
submitting the opinion as AWBI representative in court case in Delhi High Court on the
use of oral contraceptives for female monkeys. It was decided to send a letter to Ms.
Gauri Maulekhi for asking the details which was submitted to the court. The Board also
decided to authorize Ms. Manisha Karia, Advocate to appear in the case as AWBI
representative and also to request the court to withdraw the statement of Ms. Gauri
Maulekhi recorded as the statement of the Board in the case documents.

Ms. Anjali Gopalan brought to the notice of the Board about the draft Pet Shop
Rules and the advisory regarding captive elephants pending with the Ministry. The
Board directed that the draft Pet shop Rules be sent to Ms. Manisha, Advocate for
providing further inputs needed to the Ministry. The Board also requested the Ministry
representative Shri Ramesh Kumar, Under Secretary to take suitable follow up action in
the matter and inform the Board accordingly.

Item No.15: Discussion on availability of total State-wise Gochar Land and its
Legal provisions in concerned States.

Page 8 of 13
 Chairman stated that as per the Hon’ble Supreme directions in number of cases
particularly in Civil Appeal No.436 of 2011 in the case Jharkhand & Ors V/s. Pukar
Jagaran Manch & Ors. and in the case of Jagpal Singh & Ors. V/s. State of Punjab &
Ors. it was directed that Gochar land must be used only for the gocharan and welfare of
animals purpose only and not for any other purpose. He requested all hte board
members that they should collect data of the Gochar land available in the states and its
present status regarding its use and also solicited suggestions regarding effective use
of Gochar Land for the welfare of animals. It was also decided that complete data of the
Gochar Land along with its legal provision village wise of the all States be procured so
that a uniform policy be formed based on the data for sending it to the State
Governments as an advisory to implement the Hon’ble Supreme Courts directions.
Consequently the Board authorized the Chairman to form a Gochar Sub Committee for
formulating a policy for effective and proper utility of Gochar land for the welfare of
animals.

Item No.16: Discussion on matter regarding terms and conditions for

appointment of Honorary Animal Welfare Officers, duties /
responsibilities assigned to them, rationalization of issue of HAWO
ID Cards and avoidance of misuse of HAWO ID Cards.

The Board decided to review all existing HAWO ID cards issued till date by the
Board. In future, all applications for HAWO cards must be sponsored by the District
SPCA / SAWB / Member of the Board. Processing of HAWO cards has to be made
online at the earliest. The Board must collect Application fee of Rs.100/- only from those
applicants to whom ID Cards are issued by Board and no application fees to be
collected for rejected applications. The validity of ID Cards will be for only one year. All
the above details about HAWO ID Cards must be updated in website. While printing
HAWO ID card, it should be clearly mentioned on the card that the card holder will not
collect any money from anyone in any circumstances and shall not take the law into
their hands. It was also decided that in future, applications received for Colony ID Cards
/ HAWO ID Cards need not be placed in PASC Meeting and the approval will be taken
from Chairman.

It was also decided that ID Cards printed for Members, Co-opted Members,
Colony ID Cards, HAWOs should be made in different colours. It was further decided
that process for making the system online and requisite formalities for printing of cards
should be finalized within 7 days so that card holders get the cards in time.

Additional Agenda Points

Additional Agenda Item No.1: Consideration of report received from the

Commissioner, Animal Husbandry Department, Palwal, Haryana in respect of the
allegations of misutilization grant-in-aid released to People for Animals, Haryana
under Shelter House Scheme.

Page 9 of 13
 The Board directed the office to send the documents related to this to the Legal
sub-committee who will provide their advice within 15 days for taking further course of
action.

Additional Agenda Item No.2: Consideration of amendments to the Animal

Welfare Board of India (Administration) Rules, 1962.

Dr. Hitesh Jani raised this issue. After due deliberations on the matter the Board
decided that amendments to the Animal Welfare Board of India (Administration) Rules,
1962 as per the present requirement. Accordingly Board authorized the Chairman to
complete this task by constituting a committee having experts and retired persons in the
said committee. The task should be finished within two months.

Additional Agenda Item No.3: Consideration of Status to Members of the Board.

Shri Sunil Mansinghka, Shri Girish J. Shah and other members raised the matter
that the status of Chairman, Vice Chairman and Members of the Board is not defined in
the existing rules and the name of Chairman, Vice Chairman and Members of the Board
does not figure in the order of precedence. They stated that even names of other
Boards and Corporate Bodies, and Commissions and even names of Members of such
Commissions and Khadi Udyog Commission etc. appears in the order of precedence
list. After great deliberation it was decided that the Ministry may be requested to
consider the status of to define the status of Members, Vice Chairman and Chairman of
the Board as they have to travel frequently to implement the mandate of PCA Act
throughout the country. As per Hon’ble Supreme Court directions they have to activate
and make functional the State Animal Welfare Boards and District SPCAs which are
even not constituted in some States and in some States Chairman of the Goseva
Aayogs like Haryana, Rajasthan and Chairman of SAWBs like Gujarat and Haryana are
of Minister rank and in that case the status of Chairman, AWBI is not defined, it will be
very difficult to preside / coordinate such meetings. It is pertinent to mention here that 6
Members of Parliament (4 from Lok Sabha and 2 from Rajya Sabha) are the Board
members. In view of this it will be most desirable that the status of Board Members
should be at least at par with Additional Secretary / Secretary level of the Govt. of India,
Vice Chairman at par with Cabinet Secretary of Govt. of India and Chairman should in
the rank of Minister or at least of Minister of State level. Board decided that Ministry may
be requested to take up the matter with concerned / Ministry of Home Affairs for
granting them the above / suitable status. Further if need be, provision may also be
made by amending the Administration Rules of AWBI.

Additional Agenda Item No.4: Consideration for re-constitution of Executive

Committee and other Sub-Committees of the Board.

Members raised the issue of re-constitution of Executive Committee and other

Sub Committees of the Board. It was stated that the Chairman of the Board is already
authorised to constitute / reconstitute the Executive Committee and other Sub
committees of Board, however, the Chairman requested all the members to suggest

Page 10 of 13
their area of interest so that at the time of reconstitution of such committees that aspect
could be taken into account.

Additional Agenda Item No.5: Consideration of matter regarding establishment

and ensuring three tier system of management, AWBI at National Level, State
Animal Welfare Board at State Level and SPCAs at District Level for effective
functioning for the cause of animal welfare.

The State Governments are to be asked to ensure that State Animal Welfare Board and
District SPCAs are constituted and are provided with requisite budgetary support and
manpower and assigned responsibilities to make them effective. All State Governments
must be addressed to provide the details of District SPCAs established as per SPCA
Rules, 2001 and the current status of those that have been established. Also decided to
conduct national level meeting with representation from all states to discuss and insist
on the formation of SAWBs and SPCAs. The Under Secretary of Ministry also
requested to take steps to notify State Animal Welfare Board Rules, 2017 to facilitate
the States in formation of SAWBs. It was also decided to conduct workshops in the
States to make the SAWBs and District SPCAs effective.

Additional Agenda Item No.6 & 7: Consideration of filling up the vacancy

against the sanctioned posts in AWBI and engagement of additional manpower
as per the requirements.

Some members raised the issue that there are number of vacant sanctioned
posts for want of which work of the Board is suffering and therefore these posts needs
to be filled up at the earliest for the smooth functioning of the Board. Further there is
need of creation of new Temporary / Adhoc post as per the increasing workload such as
simplification of all types of forms including of grant, PASC, launching of new schemes,
HAWO and to bring out Annual Report and timely and effective publications of AWBI,
making all applications online and for timely updating the AWBI’s website etc. It was
decided by the Board that Chairman being competent authority as per the
Administration Rules may take immediate steps to fill up these posts.

Some members raised the point that in past some officials has been regularized
against the sanctioned posts without having the requisite qualification which is a very
serious matter and there are also some audit objections pending against these
irregularities. Regarding regularization of officials against the sanctioned posts it was
decided that all these cases should be reviewed and the Board authorized the
Chairman to review all these cases and if needed by constituting a Sub Committee
having experts / retired officials within two months.

Additional Agenda Item No.8: Shifting of AWBI Headquarters from Chennai to

New Delhi / NIAW / Gurugram.

Some members raised the issue that as per the Administration Rules of AWBI
the Headquarters of the Board should be at Delhi. Chairman informed the Board that
the matter is under active consideration of the Ministry and they have sought
Page 11 of 13
requirement of space etc. from AWBI and accordingly the decision is expected from the
Ministry shortly.

Additional Agenda Item No.9: Revision of criteria for sanction of Regular Grant.

The following criteria considered by the board to add/amend the existing criteria
for sanction of regular grants for both large and small animals:-

The quantum of grant amount on the basis of number of animals may be

increased by 50%.

It was suggested in the GSC that there is no need for Initial Grant / Recognition
grant of Rs.10,000/- for recognition of AWOs.

The number of Male Calves may not be doubled for the purpose of calculation of
grant amount as there was query about this matter from the Ministry.

Approved Grant amount more than Rs. 1.00 Lac may be released in two equal
instalments to all AWOs on availability of funds under the Scheme.

Separate Rescued Cattle Grant may be discontinued as separate new scheme

for rescued animals has been proposed.

Additional Agenda Item No.10: Consideration of matters suggested by Shri

Girish Shah, Member, AWBI.

Shri Girish Shah, Member, AWBI has raised these points and the following
decision taken-

• It was decided that HC and delegation should visit each state to meet Chief
Minister, Chief Secretary and officials of AH Department to motivate them to form
State Animal Welfare Boards, District SPCA’s and activate them.
• Police of all states to be updated with latest laws about animal protection and
welfare.
• Animal husbandry department officials needs to be educated about welfare of
animals by organizing one week training.
• Pending Legal cases to be attended state wise by appointing legal counsels state
wise.
• Animal citizen, Jiv Sarthi, News Letter and Annual Report of the Board to be
published timely and regularly.

Granting Awards to outstanding AWOs and Individual Animal Lovers

Shri Sunil Mansinghka and Shri Girish J. Shah raised the issue that AWOs and
Individuals who are contributing in the field of Animal Welfare outstandingly, should be
rewarded suitably every year by the Board. It was agreed that the Board should grant

Page 12 of 13
such awards every year to encourage such individuals and organizations. It was further
decided that the EC may devise a scheme regarding above within two months.

Communication with Press – code of conduct

Shri Sunil Mansignhka stated that it is brought to the notice that Members / Officials of
the Board are communicating with Press which has affected on the functioning /
reputation of the Board. After deliberation it was decided that no staff / member will
communicate with the PRESS without approval of the Chairman. Only the Chairman will
be the official spokesperson of the AWBI.

Relaxation in travelling of the Board members by Private Airlines

Most of the Member raised their grievances that in some routes Air India flights are not
available and at some places there is no direct flight and not suitable and non
economical and desired that they should be allowed to travel by private airlines with the
conditions that :-
1. No flight is available.
2. No direct flight / non suitable
3. Non economical

It was decided that the matter may be taken with the ministry for seeking relaxation in
such cases.

Additional Item No.11: Presentation on “Welfare of Working Equines in India”

by Chief Executive Officer, The Brooke India.

The Brooke India is an Animal Welfare Charity dedicated for the welfare of
working equines (horses, donkeys and mules). Maj. Gen. M.L. Sharma (Retd.), Chief
Executive Officer, The Brooke India gave a presentation on the challenges of working
equines in brick kilns etc.. to the Board. He requested that the draft advisory prepared
for the welfare measures of the working equines be considered by the Board for issuing.
It is decided to issue the advisory after taking the expert consent.

The meeting ended with a vote of thanks to the Chair.

*****************

Page 13 of 13
 SHAMILAT LAND DETAIL
S.No. District/ Total Cultivable Non- Area Leased Shamilat Land
Block/ Shamilat Land Cultivable Out in Recorded as
Village Land Land 2014-15 Charand Land
A-K-M A-K-M A-K-M A-K-M A-K-M
1 Ambala 27902-3-19 7081-2-18 20138-7-13 4684-5-13 3245-5-3
1 Ambala-1 6367-1-1 2000-6-0 4367-7-1 1748-1-1 502-5-2
2 Ambala-II 1183-5-13 185-1-11 998-4-2 163-3-2 109-0-9
3 Barara 4606-4-3 1290-7-13 3312-1-10 1062-2-10 1543-3-6
4 Naraingarh 6027-2-15 2122-2-11 3242-6-10 687-6-10 349-1-8
5 Saha 4633-5-9 1077-6-9 3555-7-0 574-3-0 354-0-15
6 Shahzadpur 5084-0-18 404-2-14 4661-5-10 448-5-10 387-2-3
2 Bhiwani 71449-0-17 11825-6-9 59136-1-18 8416-0-18 1358-3-12
1 B.khera 3292-0-0 564-0-0 2728-0-0 246-7-0 0-0-0
2 Badhra 7765-0-0 710-0-0 7077-0-0 559-7-0 418-3-0
3 Behal 5995-0-5 1365-6-2 4628-1-14 1280-4-14 0-0-0
4 Bhiwani 11453-0-0 1915-3-11 9472-4-16 1382-3-16 58-3-10
5 Dadri-I 7299-6-0 822-2-7 5348-0-0 731-0-0 0-0-0
6 Dadri-II 8428-0-0 1868-0-10 7372-0-18 995-4-18 0-0-0
7 Kairu 2607-7-0 1024-7-4 1584-0-15 0-0-15 0-0-0
8 Loharu 10416-2-5 1354-7-8 8933-7-15 1355-1-15 881-5-2
9 Siwani 5266-5-7 695-0-19 4571-4-8 695-3-8 0-0-0
10 Tosham 8925-4-0 1505-2-8 7420-5-12 1168-7-12 0-0-0
3 Faridabad 12718-4-4 2339-6-19 10247-1-10 1950-7-10 278-4-0
1 Ballabgarh 5780-4-7 1507-6-4 4170-1-15 1507-4-15 112-0-6
2 Faridabad 6937-7-17 832-0-15 6076-7-15 443-2-15 166-3-14
4 Fatehabad 27625-6-16 8558-2-14 19069-4-13 6620-0-13 99-0-16
1 Bhattu Kalan 5320-2-12 1892-6-6 3427-4-6 1190-1-6 9-2-16
2 Bhuna 4099-0-10 897-6-16 3201-1-14 785-4-14 0-0-0
3 Fatehabad 5340-2-3 1224-0-0 4116-2-3 1052-5-3 89-6-0
4 Jakhal 2185-1-18 738-5-8 1449-0-1 654-3-1 0-0-0
5 Ratia 6268-0-8 2466-2-8 3801-6-0 1866-4-0 0-0-0
6 Tohana 4412-7-5 1338-5-16 3073-6-9 1070-6-9 0-0-0
5 Gurgaon 27000-6-15 3657-3-9 23598-1-3 2240-7-3 2075-3-13
1 F.Nagar 4026-7-18 553-3-4 3652-0-9 593-5-9 961-4-2
2 Gurgaon 6705-7-19 490-7-3 6217-4-3 205-5-3 64-0-0
3 Pataudi 4559-4-11 1378-1-1 3181-3-2 807-2-2 884-2-11
4 Sohna 11708-2-7 1235-0-1 10547-1-9 634-2-9 165-5-0
6 Hisar 57893-3-11 17377-1-16 40645-3-4 11082-1-4 664-4-16
1 Adampur 5849-7-10 1957-0-6 3892-7-7 1026-5-7 21-3-3
2 Agroha 5094-5-18 1801-0-16 3476-6-13 1105-2-13 133-3-16
3 Barwala 8760-3-10 2547-6-18 6177-3-11 2208-1-11 12-7-3
4 Hansi I 7589-5-7 2551-7-5 5037-4-3 1826-3-3 215-0-0

1
S.No. District/ Total Cultivable Non- Area Leased Shamilat Land
Block/ Shamilat Land Cultivable Out in Recorded as
Village Land Land 2014-15 Charand Land
A-K-M A-K-M A-K-M A-K-M A-K-M
5 Hansi-II 4053-0-6 333-1-13 3715-6-13 49-7-13 49-0-0
6 Hisar-1 8740-2-3 2772-6-15 5854-1-7 1717-2-7 110-3-7
7 Hisar-2 11207-2-17 3915-1-5 7333-5-12 1926-2-12 122-3-7
8 Narnaund 4643-6-10 964-3-12 3637-1-17 753-3-17 0-0-0
9 Uklana 1954-1-10 533-5-6 1519-6-1 468-4-1 0-0-0
7 Jhajjar 37986-1-2 7848-5-12 24237-4-0 6825-4-0 2833-5-4
1 Bahadurgarh 9366-0-9 1453-1-8 7912-7-1 1419-3-1 202-0-13
2 Beri 6163-3-13 975-4-15 4869-3-18 908-5-18 158-5-1
3 Jhajjar 10342-6-8 3202-0-6 7140-6-2 2990-1-2 868-5-11
4 Matanhail 7196-0-14 1043-3-19 564-1-7 779-5-7 1071-3-5
5 Salhawas 4917-5-18 1174-3-4 3750-1-12 727-4-12 532-6-14
8 Jind 64716-1-10 23798-2-9 40637-7-19 5288-7-19 377-4-19
1 Alewa 28807-2-0 8778-3-0 20044-3-0 452-3-0 60-6-19
2 Jind 7104-6-2 5229-7-5 1749-1-19 1020-4-19 103-1-14
3 Julana 5033-4-19 3932-5-14 1071-2-18 562-4-18 33-6-18
4 Narwana 7900-0-2 2197-4-13 5702-3-9 1322-4-9 90-3-16
5 Pillukhera 3427-6-6 727-5-19 2644-7-2 372-5-2 50-7-15
6 Safidon 4567-5-7 991-5-0 3540-2-16 593-2-16 1-7-16
7 Uchana 7875-0-14 1940-2-18 5885-2-15 964-6-15 36-2-1
9 Kaithal 43447-0-7 18356-5-19 25115-4-2 8619-0-2 8887-3-4
1 Guhla 13636-4-4 9089-0-0 4579-0-0 2732-0-0 6549-1-11
2 Kaithal 9362-6-6 1938-4-1 7437-6-2 1712-3-2 598-3-10
3 Kalayat 3936-3-10 1036-2-13 2900-1-5 682-1-5 15-3-6
4 Pundri 7173-2-16 2099-0-6 5074-7-0 1540-4-0 544-3-10
5 Rajound 3772-6-9 1093-5-3 2658-6-9 579-6-9 81-4-6
6 Siwan 5565-1-2 3100-1-16 2464-7-6 1372-1-6 1098-3-1
10 Karnal 52094-2-10 17659-1-15 34073-0-6 16886-0-6 16790-4-5
1 Assandh 7788-5-13 1814-4-11 5909-0-14 1464-1-14 365-2-14
2 Gharaunda 8119-5-7 3074-0-5 5036-2-11 3249-6-11 3811-2-10
3 Indri 10578-6-18 4445-5-11 6140-5-5 4455-1-5 3044-4-5
4 Karnal 7726-0-3 1850-4-9 5825-2-14 1851-0-14 5364-7-10
5 Nilokheri 9816-5-12 4317-5-4 5615-3-8 3775-6-8 2574-6-8
6 Nissing at Chirao 8064-2-17 2156-5-15 5546-1-14 2089-7-14 1629-4-18
11 Kurukshetra 36067-6-19 18195-7-0 17944-7-6 12645-6-6 3632-2-4
1 Babain 3237-1-9 1018-0-17 2308-0-12 961-4-12 937-5-10
2 Ismailabad 2237-5-19 644-4-7 1584-0-3 408-2-3 58-4-15
3 Ladwa 4047-2-14 1882-3-19 2188-5-5 1446-5-5 0-0-0
4 Pehowa 13461-2-9 9605-0-12 3849-3-4 5258-7-4 1718-4-4
5 Shahabad 3206-1-5 919-6-17 2262-2-5 442-7-5 499-1-11
6 Thanesar 9878-1-3 4125-6-8 5752-3-17 4127-3-17 418-2-4

2
S.No. District/ Total Cultivable Non- Area Leased Shamilat Land
Block/ Shamilat Land Cultivable Out in Recorded as
Village Land Land 2014-15 Charand Land
A-K-M A-K-M A-K-M A-K-M A-K-M
12 Mahendergarh 76056-3-1 10367-0-3 66075-4-12 8336-7-12 614-4-6
1 Ateli Nangal 6143-1-0 1285-5-0 4882-5-14 1054-2-14 0-0-0
2 Kanina 8700-0-9 1670-4-9 7164-1-0 1644-6-0 41-5-8
3 Mahendragarh 16891-6-14 2046-2-17 15008-0-3 1536-1-3 130-0-5
4 N/Chaudhary 9672-5-10 1686-5-10 7985-0-11 1058-6-11 0-0-0
5 Narnaul 7157-5-6 1030-0-4 6127-5-2 1009-2-2 415-1-0
6 Nizampur 14948-3-2 972-6-5 13991-4-17 888-0-17 0-0-0
7 Satnali 9818-7-0 992-1-15 8785-1-0 362-1-0 27-5-13
8 Sihma 2723-6-0 682-6-3 2131-2-5 783-3-5 0-0-0
13 Mewat 61399-0-0 7516-0-18 54066-0-13 5207-3-13 4903-2-5
1 Ferozepur Jhirka 14985-7-10 1937-3-17 13220-0-6 1562-6-6 1210-7-10
2 Nagina 7616-7-1 961-7-18 6631-7-0 438-6-0 1690-1-0
3 Nuh 19191-7-14 1600-7-0 17634-5-15 1602-5-15 1739-2-19
4 Punahana 6825-1-11 1498-7-0 5326-2-10 946-0-10 210-0-0
5 Taoru 12779-0-4 1516-7-3 11253-1-2 657-1-2 52-6-16
14 Palwal 23968-7-18 7469-7-11 16598-1-5 4121-1-5 4004-5-4
1 Hassanpur 904-6-11 568-4-7 335-2-10 597-0-10 539-0-0
2 Hathin 7089-2-2 2187-0-0 4902-2-2 1130-7-2 753-2-9
3 Hodal 6147-4-1 1681-0-1 4566-4-10 477-0-10 517-4-14
4 Palwal 5768-4-1 1646-7-2 4121-5-1 930-7-1 1322-1-15
5 Prithla 4058-7-3 1386-4-1 2672-3-2 985-2-2 872-4-6
15 Panchkula 13508-3-6 1884-4-17 11623-6-9 303-6-9 704-4-11
1 Barwala 4816-1-7 709-7-19 4106-1-8 118-2-8 238-2-10
2 Pinjore 5334-1-7 681-3-14 4652-5-13 21-7-13 103-7-12
3 Raipur Rani 3358-0-12 493-1-4 2864-7-8 163-4-8 362-2-9
16 Panipat 36323-7-5 8094-6-19 27999-5-14 5772-4-14 8293-2-15
1 Bapoli 4540-3-4 1128-5-6 3306-4-17 812-0-17 966-0-0
2 Israna 9561-3-12 822-1-11 8952-6-1 809-6-1 2716-4-14
3 Matloda 12436-4-15 2979-5-6 9448-6-19 1835-6-19 2997-0-0
4 Panipat 4380-2-7 1813-6-12 2514-6-11 1237-7-11 844-0-1
5 Samalkha 5405-1-7 1350-4-4 3776-5-6 1076-7-6 769-6-0
17 Rewari 40210-0-10 10782-3-18 29306-5-3 6147-5-3 4094-5-8
1 Bawal 10612-0-0 4053-1-16 6462-4-19 1531-0-19 1043-7-2
2 Jatusana 6357-3-17 1544-0-10 4830-3-11 1105-2-11 1425-4-4
3 Khol 11866-6-10 1802-2-6 10064-4-4 931-5-4 862-4-1
4 Nahar 5481-1-13 1529-2-17 3911-4-8 975-2-8 207-1-11
5 Rewari 5892-4-10 1853-4-9 4037-4-1 1604-2-1 555-4-10
18 Rohtak 18036-0-6 3976-0-6 14117-6-0 2283-7-0 0-0-0
1 Kalanaur 3050-2-4 304-2-3 2748-0-1 160-2-1 0-0-0
2 LakhanMajra 2684-2-14 665-1-10 2019-1-4 249-6-4 0-0-0
3
S.No. District/ Total Cultivable Non- Area Leased Shamilat Land
Block/ Shamilat Land Cultivable Out in Recorded as
Village Land Land 2014-15 Charand Land
A-K-M A-K-M A-K-M A-K-M A-K-M
3 Meham 3435-1-12 993-0-16 2442-0-16 721-4-16 0-0-0
4 Rohtak 5836-4-5 1435-5-7 4400-6-18 711-4-18 0-0-0
5 Sampla 3029-5-11 577-6-10 2507-5-1 440-5-1 0-0-0
19 Sirsa 48539-6-14 16960-3-18 31906-5-6 9244-3-6 487-6-8
1 Baragudha 4463-3-17 1292-1-12 3172-1-5 640-1-5 21-2-9
2 Dabwali 8659-2-13 3061-3-10 5459-6-10 1623-0-10 84-7-18
3 Ellenabad 6064-1-8 2472-4-15 3791-4-13 1020-7-13 96-0-0
4 Nathusari Chopta 11458-2-9 4211-3-1 7196-7-9 2785-1-9 200-6-2
5 Odhan 5981-1-10 1857-6-5 4264-1-15 847-7-15 35-1-10
6 Rania 6443-7-15 2289-4-9 4256-7-14 1188-5-14 23-7-2
7 Sirsa 5469-3-2 1775-4-6 3765-0-0 1138-3-0 25-5-7
20 Sonipat 60194-1-6 14596-4-17 46566-2-16 9527-7-16 4054-1-15
1 Ganaur 10095-4-10 4290-2-3 5955-4-7 2678-1-7 1495-4-19
2 Gohana 5201-2-18 1045-0-12 4129-0-14 961-7-14 494-1-12
3 Kathura 3240-6-19 400-3-5 2840-3-14 400-3-14 25-4-15
4 Kharkhoda 6679-3-11 1697-4-19 5294-0-0 639-5-0 198-3-14
5 Mundlana 7165-7-11 1499-3-16 6317-4-4 1062-6-4 647-0-8
6 MURTHAL 7950-0-6 2652-0-5 5270-2-19 1589-1-19 367-2-15
7 Rai 11709-0-1 1277-6-0 10341-3-5 910-7-5 568-1-14
8 Sonipat 8151-7-10 1733-7-17 6417-7-13 1284-6-13 257-5-18
21 Yamuannagar 29763-3-18 8847-7-7 20863-0-1 5947-2-1 4251-6-15
1 Bilaspur 7161-4-6 511-4-9 6626-5-9 865-7-9 1481-4-0
2 Chhachhrauli 8097-2-16 3785-4-4 4313-2-9 791-5-9 1437-1-4
3 Jagadhari 3503-7-1 876-5-5 2627-1-16 822-2-16 438-4-16
4 Mustafabad 2738-5-13 906-0-9 1845-3-0 906-0-0 64-0-5
5 Radaur 6113-0-0 2310-0-0 3803-0-0 2102-6-0 206-0-0
6 Sadhaura 2149-0-2 458-1-0 1647-3-7 458-4-7 624-4-10
Grand Total 866902-0-14 227194-7-14 633968-1-13 142153-2-13 71652-1-3

4
 SHAMILAT LAND DETAIL
S.No. District/ Total Cultivable Non- Area Leased Shamilat Land
Block/ Shamilat Land Cultivable Out in Recorded as
Village Land Land 2014-15 Charand Land
A-K-M A-K-M A-K-M A-K-M A-K-M
1 Ambala 27902-3-19 7081-2-18 20138-7-13 4684-5-13 3245-5-3
2 Bhiwani 71449-0-17 11825-6-9 59136-1-18 8416-0-18 1358-3-12
3 Faridabad 12718-4-4 2339-6-19 10247-1-10 1950-7-10 278-4-0
4 Fatehabad 27625-6-16 8558-2-14 19069-4-13 6620-0-13 99-0-16
5 Gurgaon 27000-6-15 3657-3-9 23598-1-3 2240-7-3 2075-3-13
6 Hisar 57893-3-11 17377-1-16 40645-3-4 11082-1-4 664-4-16
7 Jhajjar 37986-1-2 7816-1-10 30168-5-1 6778-5-1 2321-4-17
8 Jind 64716-1-10 23798-2-9 40637-7-19 5288-7-19 377-4-19
9 Kaithal 43447-0-7 18356-5-19 25115-4-2 8619-0-2 8887-3-4
10 Karnal 52094-2-10 17659-1-15 34073-0-6 16886-0-6 16790-4-5
11 Kurukshetra 36067-6-19 18195-7-0 17944-7-6 12645-6-6 3632-2-4
12 Mahendergarh 76056-3-1 10367-0-3 66075-4-12 8336-7-12 614-4-6
13 Mewat 61399-0-0 7516-0-18 54066-0-13 5207-3-13 4903-2-5
14 Palwal 23968-7-18 7469-7-11 16598-1-5 4121-1-5 4004-5-4
15 Panchkula 13508-3-6 1884-4-17 11623-6-9 303-6-9 704-4-11
16 Panipat 36323-7-5 8094-6-19 27999-5-14 5772-4-14 8293-2-15
17 Rewari 40210-0-10 10782-3-18 29306-5-3 6147-5-3 4094-5-8
18 Rohtak 18036-0-6 3976-0-6 14117-6-0 2283-7-0 0-0-0
19 Sirsa 48539-6-14 16960-3-18 31906-5-6 9244-3-6 487-6-8
20 Sonipat 60194-1-6 14596-4-17 46566-2-16 9527-7-16 4054-1-15
21 Yamuannagar 29763-3-18 8847-7-7 20863-0-1 5947-2-1 4251-6-15
State Total 866902-0-14 227162-3-12 639899-2-14 142106-3-14 71140-0-16

1
 CIC/AWBIC/A/2020/673392

के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi – 110067

ि तीय अपील सं या/ Second Appeal No. CIC/AWBIC/A/2020/673392

In the matter of:

Naresh Kadyan … अपीलकता/Appellant

VERSUS
बनाम

CPIO, … ितवादीगण /Respondent

Animal Welfare board of India
13/1, Third Seaward Road,
Valmiki Nagar, Thiruvanmiyur,
Chennai- 600 041
Relevant dates emerging from the appeal:

RTI Application filed on : 03.06.2019

CPIO replied on : Not on Record
First Appeal filed on : 31.07.2019
First Appellate Authority order : Not on Record
Second Appeal received on : 09.06.2020
Date of Hearing : 04.01.2022

The following were present:

Appellant: Shri Naresh Kadyan participated in the hearing through intra-video

conferencing from Central Information Commission.

Respondent: Shri Narendra Kumar, CPIO and Under Secretary, Dept. of Animal
Husbandry and Smt. Prachi Jain, CPIO and Asst. Secretary, Animal Welfare Board
of India participated in the hearing through intra-video conferencing from Central
Information Commission.

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 CIC/AWBIC/A/2020/673392

ORDER

Information sought:
The Appellant filed an online RTI Application dated 03.06.2019 seeking
information on the following seventeen points:

“Kindly refer to the various orders passed by the Honble Supreme Court of India,
State High Courts with the circular of Animal Welfare Board of India and article
48 – 51 A (g) of Indian Constitution, keeping view these position, following
information along with copies of all communication made & received with
concerned Noting sheet be provided:
1. Status reports on the decision taken in the 120th ECM on 13.2.2018 related to
Gochar land along with all communications made & received with noting
sheets.
2. Action taken report with all communications made & received as per item No 4
& 12 of 120th ECM along complete details of setting up a Animal Hostel in
gocharan land and grazing land, to avoid animals are being throuwn out of the
cities.
3. Complete details about delegation of AWBI power as per section 37 of the
PCA Act, 1960.
4. Complete details about delegation of Police power as per section 34 of PCA
Act, 1960
5. Complete list and details of Infirmaries set up – functional as per section 35 of
PCA Act, 1960
6. Complete details about 2nd offense against animals, proved under the section
29 of PCA Act, 1960
7. Complete details about offenses registered for the violation of section 12 of
PCA Act, 1960 along with the present status of abused animals, confiscated
due to section 12 violations.
8. Complete list of Masters Trainers along with complete details about guest
faculties for Masters Trainers course.
9. Information regarding gochar land was obtained vide AWBI letter dated 5-3-
2018, deadline was 30-4-2018, hence supply me copies of para wise 1-11
replies, obtained reports, communications made & received with noting sheets.
10. Complete details about Scheme for Development of Gocharan land for
providing fodder and shelter to animals along with complete list of
beneficiaries.
11. Species wise census of domestic – stray – abandoned animals, birds, reptiles
with wild animals

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 CIC/AWBIC/A/2020/673392

12. Remove all encroachments from Gauchar land all around India with time
frame.
13. Restoration of title Gauchar land, which was registered without any Authority
to the ineligible persons, holding accountable.
14. Status reports on the installation of animal scanner at each toll tax plaza to
prevent cruelty against animals, Shri Parshottam Rupala, MOS office Note was
supplied to AWBI for immediate action, let me the status of action taken.
15. Complete details about al HAWO, Trainers, Inspectors, CPSCSEA Nominees
along with batch wise trained people at NIAW, since beginning till date to
prepare alumbi of ex students.
16. Complete details about Camels registered as performing animals without any
shifting rules, vehicle or mechanism., Explain their status.
17. Status about Naresh Kadyan application about display of Yak during winter
seasons around NCR during temperature up to 17 degree.”

Having not received any information from the CPIO, the Appellant filed a First
Appeal dated 31.07.2019, which has not been adjudicated by the First Appellate
Authority as per available records.

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non-
receipt of information from the Respondent.

Submissions made by Appellant and Respondent during Hearing:

The Appellant stated that no reply has been provided by the Respondent till date.

The Respondent submitted that point-wise reply was provided to the Appellant
vide letter dated 02.07.2019.

A written submission has been received by the Commission from Dr. S.K. Dutta,
Appellate Authority and Secretary vide letter dated 28.12.2021, wherein he has
apprised the Commission as under:

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 CIC/AWBIC/A/2020/673392

Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings
during the hearing, the Commission observes that though a point-wise reply was
provided by the Respondent, the same has not been received by the Appellant.
Hence, the Commission deems it expedient to direct the present CPIO, Animal
Welfare Board of India to re-send the letter dated 02.07.2019 to the Appellant,
through speed post, within 7 days from the date of receipt of this order.
Notwithstanding the above, the Commission expresses severe displeasure against
the conduct of the Appellant because initially he had informed the Registry of this
Bench to exempt his appearance in person and had requested the Bench to grant
permission to take part in the hearing virtually (WhatsApp video/audio call), which
was rejected by the Commission. Subsequently, the Commission was generous
enough to grant him an opportunity to take part in the instant hearing from NIC
Ahmedabad, which was booked from 1120 hrs to 1350 hrs (for 16 cases listed on
04.01.2022), yet, the Appellant chose to take part in the proceedings, physically,
thereby disrespecting the Commission’s efforts in scheduling the instant hearing.
Be that as it may, the queries sought in the instant RTI Application are not only
lengthy but cryptic and unspecific. Therefore, The Commission counsels the

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 CIC/AWBIC/A/2020/673392

Appellant to be careful, mindful and watchful in future while filing RTI

Applications and not to flood the public authority by filing umpteen numbers of
RTI Applications. In this regard the Commission finds it relevant to rely upon
certain judgments of various Courts in India, wherein the factum of misuse of the
right to information has been highlighted adequately. The excerpts of the same are
as under:
a. The Hon’ble High Court of Madras in the matter of Public Information
Officer, Registrar (Administration) vs. B. Bharathi., W.P. No. 26781/2013
dated 17.09.2014 has also given its opinion about vexatious litigation
crippling the public authorities and held as follows:
“… The action of the second respondent in sending numerous complaints
and representations and then following the same with the RTI applications;
that it cannot be the way to redress his grievance; that he cannot overload
a public authority and divert its resources disproportionately while
seeking information and that the dispensation of information should not
occupy the majority of time and resource of any public authority, as it
would be against the larger public interest…”
[Emphasis supplied]

b. The Hon’ble High Court in the matter of Shail Sahni v. Sanjeev Kumar &
Ors., W.P.(C) 845/2014 has stated as under:
“… Consequently, this Court deems it appropriate to refuse to exercise its
writ jurisdiction. Accordingly, present petition is dismissed. This Court is
also of the view that misuse of the RTI Act has to be appropriately dealt
with, otherwise the public would lose faith and confidence in this “sunshine
Act”. A beneficial Statute, when made a tool for mischief and abuse must
be checked in accordance with law…”
[Emphasis supplied]

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 CIC/AWBIC/A/2020/673392

c. In the matter of Rajni Mendiratta v. Dte. of Education (North West-B].,

W.P.(C) no. 7911/2015, the Hon’ble High Court of Delhi vide its order
dated 08.10.2015 stated as under:
“8. … Though undoubtedly, the reason for seeking the information is not
required to be disclosed but when it is found that the process of the law is
being abused, the same become relevant. Neither the authorities created
under the RTI Act nor the Courts are helpless if witness the provisions of
law being abused and owe a duty to immediately put a stop thereto…”

In addition, the Commission would not be wrong to consider that the Appellant’s
move to seek voluminous information is only to harass the public authority and not
with an intention to seek information. The Appellant rather appears to have
converted the provisions of the RTI Act as a tool of oppression/intimidation, which
the Commission discourages outrightly.

d. In the matter of The Institute of Chartered Accountants of India vs.

Shaunak H. Satya and Ors., AIR 2011 SC 3336, the Hon’ble Supreme
Court of India has held as under:
“… The RTI Act provides access to all information that is available and
existing. This is clear from a combined reading of Section 3 and the
definitions of ‘information’ and ‘right to information’ under Clauses (f) and
(j) of Section 2 of the Act. If a public authority has any information in the
form of data or analysed data, or abstracts, or statistics, an applicant may
access such information, subject to the exemptions in Section 8 of the Act.
But where the information sought is not a part of the record of a public
authority, and where such information is not required to be maintained
under any law or the rules or regulations of the public authority, the Act
does not cast an obligation upon the public authority, to collect or collate
such non-available information and then furnish it to an applicant. The
right to information is a fundamental right as enshrined in Article 10 of the
Constitution of India. The Hon’ble Supreme Court has declared in a
plethora of cases that the most important value for the functioning of a
healthy and well-informed democracy is transparency. However it is
necessary to make a distinction in regard to information intended to bring
transparency, to improve accountability and to reduce corruption, falling

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 CIC/AWBIC/A/2020/673392

under Section 4(1)(b) and (c) and other information which may not have a
bearing on accountability or reducing corruption. The competent
authorities under the RTI Act will have to maintain a proper balance so
that while achieving transparency, the demand for information does not
reach unmanageable proportions affecting other public interests, which
include efficient operation of public authorities and government,
preservation of confidentiality of sensitive information and optimum use…”

e. In the matter of Central Board of Secondary Education & Anr. V. Aditya

Bandopadhyay & Ors., the Hon’ble Supreme Court of India has held as
under:
“33. … The Act seeks to bring about a balance between two conflicting interests,
as harmony between them is essential for preserving democracy. One is to bring
about transparency and accountability by providing access to information under
the control of public authorities. The other is to ensure that the revelation of
information, in actual practice, does not conflict with other public interests
which include efficient operation of the governments, optimum use of limited
fiscal resources and preservation of confidentiality of sensitive information. The
preamble to the Act specifically states that the object of the Act is to harmonise
these two conflicting interests…
…
37. The right to information is a cherished right. Information and right to
information are intended to be formidable tools in the hands of responsible
citizens to fight corruption and to bring in transparency and accountability… …
Indiscriminate and impractical demands or directions under RTI Act for
disclosure of all and sundry information (unrelated to transparency and
accountability in the functioning of public authorities and eradication of
corruption) would be counter-productive as it will adversely affect the efficiency
of the administration and result in the executive getting bogged down with the
non-productive work of collecting and furnishing information. The Act should
not be allowed to be misused or abused, to become a tool to obstruct the national
development and integration, or to destroy the peace, tranquility and harmony
among its citizens. Nor should it be converted into a tool of oppression or
intimidation of honest officials striving to do their duty. The nation does not want
a scenario where 75% of the staff of public authorities spends 75% of their time
in collecting and furnishing information to applicants instead of discharging
their regular duties. The threat of penalties under the RTI Act and the pressure
of the authorities under the RTI Act should not lead to employees of a public
authorities prioritizing ‘information furnishing’, at the cost of their normal and
regular duties…” [Emphasis supplied]

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 CIC/AWBIC/A/2020/673392

Keeping in view of the aforesaid observations, the Commission sternly cautions

the Appellant to use his right to information in a judicious manner.
With the above observations, the instant Second Appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.

Amita Pandove (अिमता पांडव)

Information Commissioner (सूचना आयु )
दनांक / Date: 05.01.2022
Authenticated true copy
(अिभ मािणत स यािपत ित)

B. S. Kasana (बी. एस. कसाना)

Dy. Registrar (उप-पंजीयक)
011-26105027

Addresses of the parties:

1. The First Appellate Authority (FAA)
Animal Welfare board of India 13/1,
Third Seaward Road, Valmiki Nagar,
Thiruvanmiyur, Chennai- 600 041

2. The Central Public Information Officer

Animal Welfare board of India
13/1, Third Seaward Road, Valmiki Nagar,
Thiruvanmiyur, Chennai- 600 041

3. Mr. Naresh Kadyan

Page 8 of 8
 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1132 /2011 @ SLP(C) No.3109/2011

(Arising out of Special Leave Petition (Civil) CC No. 19869 of 2010)

Jagpal Singh & Ors. .. Appellant (s)

-versus-

State of Punjab & Ors. .. Respondent (s)

JUDGMENT

Markandey Katju, J.

1. Leave granted.

2. Heard learned counsel for the appellants.

3. Since time immemorial there have been common lands inhering in the

village communities in India, variously called gram sabha land, gram

panchayat land, (in many North Indian States), shamlat deh (in Punjab etc.),
 2

mandaveli and poramboke land (in South India), Kalam, Maidan, etc.,

depending on the nature of user. These public utility lands in the villages

were for centuries used for the common benefit of the villagers of the village

such as ponds for various purposes e.g. for their cattle to drink and bathe, for

storing their harvested grain, as grazing ground for the cattle, threshing

floor, maidan for playing by children, carnivals, circuses, ramlila, cart

stands, water bodies, passages, cremation ground or graveyards, etc. These

lands stood vested through local laws in the State, which handed over their

management to Gram Sabhas/Gram Panchayats. They were generally

treated as inalienable in order that their status as community land be

preserved. There were no doubt some exceptions to this rule which

permitted the Gram Sabha/Gram Panchayat to lease out some of this land to

landless labourers and members of the scheduled castes/tribes, but this was

only to be done in exceptional cases.

4. The protection of commons rights of the villagers were so zealously

protected that some legislation expressly mentioned that even the vesting of

the property with the State did not mean that the common rights of villagers

were lost by such vesting. Thus, in Chigurupati Venkata Subbayya vs.

 3

Paladuge Anjayya, 1972(1) SCC 521 (529) this Court observed :

“It is true that the suit lands in view of Section 3 of

the Estates Abolition Act did vest in the Government.
That by itself does not mean that the rights of the
community over it were taken away. Our attention has
not been invited to any provision of law under which the
rights of the community over those lands can be said to
have been taken away. The rights of the community over
the suit lands were not created by the landholder. Hence
those rights cannot be said to have been abrogated by
Section 3© of the Estates Abolition Act.”

5. What we have witnessed since Independence, however, is that in large

parts of the country this common village land has been grabbed by

unscrupulous persons using muscle power, money power or political clout,

and in many States now there is not an inch of such land left for the common

use of the people of the village, though it may exist on paper. People with

power and pelf operating in villages all over India systematically encroached

upon communal lands and put them to uses totally inconsistent with its

original character, for personal aggrandizement at the cost of the village

community. This was done with active connivance of the State authorities

and local powerful vested interests and goondas. This appeal is a glaring

example of this lamentable state of affairs.

 4

6. This appeal has been filed against the impugned judgment of a

Division Bench of the Punjab and Haryana High Court dated 21.5.2010. By

that judgment the Division Bench upheld the judgment of the learned Single

Judge of the High Court dated 10.2.2010.

7. It is undisputed that the appellants herein are neither the owner nor the

tenants of the land in question which is recorded as a pond situated in village

Rohar Jagir, Tehsil and District Patiala. They are in fact trespassers and

unauthorized occupants of the land relating Khewat Khatuni No. 115/310,

Khasra No. 369 (84-4) in the said village. They appear to have filled in the

village pond and made constructions thereon.

8. The Gram Panchayat, Rohar Jagir filed an application under Section

7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the

appellants herein who had unauthorizedly occupied the aforesaid land. In its

petition the Gram Panchayat, Rohar Jagir alleged that the land in question

belongs to the Gram Panchayat, Rohar as is clear from the revenue records.

However, the respondents (appellants herein) forcibly occupied the said land

and started making constructions thereon illegally. An application was

consequently moved before the Deputy Commissioner informing him about

the illegal acts of the respondents (appellants herein) and stating that the
 5

aforesaid land is recorded in the revenue records as Gair Mumkin Toba i.e. a

village pond. The villagers have been using the same, since drain water of

the village falls into the pond, and it is used by the cattle of the village for

drinking and bathing. Since the respondents (appellants herein) illegally

occupied the said land an FIR was filed against them but to no avail. It was

alleged that the respondents (appellants herein) have illegally raised

constructions on the said land, and the lower officials of the department and

even the Gram Panchayat colluded with them.

9. Instead of ordering the eviction of these unauthorized occupants, the

Collector, Patiala surprisingly held that it would not be in the public interest

to dispossess them, and instead directed the Gram Panchayat, Rohar to

recover the cost of the land as per the Collector’s rates from the respondents

(appellants herein). Thus, the Collector colluded in regularizing this

illegality on the ground that the respondents (appellants herein) have spent

huge money on constructing houses on the said land.

10. Some persons then appealed to the learned Commissioner against the

said order of the Collector dated 13.9.2005 and this appeal was allowed on

12.12.2007. The Learned Commissioner held that it was clear that the Gram

Panchayat was colluding with these respondents (appellants herein), and it

 6

had not even opposed the order passed by the Collector in which directions

were issued to the Gram Panchayat to transfer the property to these persons,

nor filed an appeal against the Collector’s order.

11. The learned Commissioner held that the village pond has been used

for the common purpose of the villagers and cannot be allowed to be

encroached upon by any private respondents, whether Jagirdars or anybody

else. Photographs submitted before the learned Commissioner showed that

recent attempts had been made to encroach into the village pond by filling it

up with earth and making new constructions thereon. The matter had gone

to the officials for removal of these illegal constructions, but no action was

taken for reasons best known to the authorities at that time. The learned

Commissioner was of the view that regularizing such kind of illegal

encroachment is not in the interest of the Gram Panchayat. The learned

Commissioner held that Khasra No. 369 (84-4) is a part of the village pond,

and the respondents (appellants herein) illegally constructed their houses at

the site without any jurisdiction and without even any resolution of the Gram

Panchayat.

12. Against the order of the learned Commissioner a Writ Petition was

filed before the learned Single Judge of the High Court which was dismissed
 7

by the judgment dated 10.2.2010, and the judgment of learned Single Judge

has been affirmed in appeal by the Division Bench of the High Court.

Hence this appeal.

13. We find no merit in this appeal. The appellants herein were

trespassers who illegally encroached on to the Gram Panchayat land by

using muscle power/money power and in collusion with the officials and

even with the Gram Panchayat. We are of the opinion that such kind of

blatant illegalities must not be condoned. Even if the appellants have built

houses on the land in question they must be ordered to remove their

constructions, and possession of the land in question must be handed back to

the Gram Panchayat. Regularizing such illegalities must not be permitted

because it is Gram Sabha land which must be kept for the common use of

villagers of the village. The letter dated 26.9.2007 of the Government of

Punjab permitting regularization of possession of these unauthorized

occupants is not valid. We are of the opinion that such letters are wholly

illegal and without jurisdiction. In our opinion such illegalities cannot be

regularized. We cannot allow the common interest of the villagers to suffer

merely because the unauthorized occupation has subsisted for many years.
 8

14. In M.I. Builders (P) Ltd. vs. Radhey Shyam Sahu, 1999(6) SCC

464 the Supreme Court ordered restoration of a park after demolition of a

shopping complex constructed at the cost of over Rs.100 crores. In Friends

Colony Development Committee vs. State of Orissa, 2004 (8) SCC 733

this Court held that even where the law permits compounding of

unsanctioned constructions, such compounding should only be by way of an

exception. In our opinion this decision will apply with even greater force in

cases of encroachment of village common land. Ordinarily, compounding in

such cases should only be allowed where the land has been leased to

landless labourers or members of Scheduled Castes/Scheduled Tribes, or the

land is actually being used for a public purpose of the village e.g. running a

school for the villagers, or a dispensary for them.

15. In many states Government orders have been issued by the State

Government permitting allotment of Gram Sabha land to private persons and

commercial enterprises on payment of some money. In our opinion all such

Government orders are illegal, and should be ignored.

16. The present is a case of land recorded as a village pond. This Court in

Hinch Lal Tiwari vs. Kamala Devi, AIR 2001 SC 3215 (followed by the

Madras High Court in L. Krishnan vs. State of Tamil Nadu, 2005(4)

 9

CTC 1 Madras) held that land recorded as a pond must not be allowed to be

allotted to anybody for construction of a house or any allied purpose. The

Court ordered the respondents to vacate the land they had illegally occupied,

after taking away the material of the house. We pass a similar order in this

case.

17. In this connection we wish to say that our ancestors were not fools.

They knew that in certain years there may be droughts or water shortages for

some other reason, and water was also required for cattle to drink and bathe

in etc. Hence they built a pond attached to every village, a tank attached to

every temple, etc. These were their traditional rain water harvesting

methods, which served them for thousands of years.

18. Over the last few decades, however, most of these ponds in our

country have been filled with earth and built upon by greedy people, thus

destroying their original character. This has contributed to the water

shortages in the country.

19. Also, many ponds are auctioned off at throw away prices to

businessmen for fisheries in collusion with authorities/Gram Panchayat

officials, and even this money collected from these so called auctions are not
 1

used for the common benefit of the villagers but misappropriated by certain

individuals. The time has come when these malpractices must stop.

20. In Uttar Pradesh the U.P. Consolidation of Holdings Act, 1954 was

widely misused to usurp Gram Sabha lands either with connivance of the

Consolidation Authorities, or by forging orders purported to have been

passed by Consolidation Officers in the long past so that they may not be

compared with the original revenue record showing the land as Gram Sabha

land, as these revenue records had been weeded out. Similar may have been

the practice in other States. The time has now come to review all these

orders by which the common village land has been grabbed by such

fraudulent practices.

21. For the reasons given above there is no merit in this appeal and it is

dismissed.

22. Before parting with this case we give directions to all the State

Governments in the country that they should prepare schemes for eviction of

illegal/unauthorized occupants of Gram Sabha/Gram

Panchayat/Poramboke/Shamlat land and these must be restored to the Gram

Sabha/Gram Panchayat for the common use of villagers of the village. For
 1

this purpose the Chief Secretaries of all State Governments/Union

Territories in India are directed to do the needful, taking the help of other

senior officers of the Governments. The said scheme should provide for the

speedy eviction of such illegal occupant, after giving him a show cause

notice and a brief hearing. Long duration of such illegal occupation or huge

expenditure in making constructions thereon or political connections must

not be treated as a justification for condoning this illegal act or for

regularizing the illegal possession. Regularization should only be permitted

in exceptional cases e.g. where lease has been granted under some

Government notification to landless labourers or members of Scheduled

Castes/Scheduled Tribes, or where there is already a school, dispensary or

other public utility on the land.

23. Let a copy of this order be sent to all Chief Secretaries of all States

and Union Territories in India who will ensure strict and prompt compliance

of this order and submit compliance reports to this Court from time to time.
 1

24. Although we have dismissed this appeal, it shall be listed before this

Court from time to time (on dates fixed by us), so that we can monitor

implementation of our directions herein. List again before us on 3.5.2011

on which date all Chief Secretaries in India will submit their reports.

…………………….….J.
[Markandey Katju]

…………………..……J.
[Gyan Sudha Mishra]
New Delhi;
January 28, 2011
 Reportable
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 436 OF 2011

[Arising out of SLP [C] No.20203 of 2007]

State of Jharkhand & Ors. … Appellants

Vs.

Pakur Jagran Manch & Ors. … Respondents

WITH

CIVIL APPEAL No. 437 of 2011

[Arising out of SLP [C] No.20636/2007]

Rocky Murmu … Appellant

Vs.

Pakur Jagran Manch … Respondent

JUDGMENT

R.V.RAVEENDRAN, J.

Leave granted.

2. The Settlement Officer notified and published a record of rights under

section 24 of the Santhal Parganas Settlement Regulations, 1872

(‘Regulations’ for short) under which land measuring 4.40 acres in Thana
 2

No.24, Plot No.1061, Mouza Solagaria, Circle and District Pakur,

Jharkhand, was recorded as gochar (village grazing land) for the said village

Solagaria.

3. In a public interest litigation (W.P. No.5332/2001), the High Court of

Jharkhand issued certain directions for effective implementation of national

leprosy eradication programme and for improving the standards of health of

the tribal residents of the area. In pursuance of it, the Department of Health

& Family Welfare, Government of Jharkhand and the Deputy

Commissioner, Pakur, on 21.12.2005, authorized the Executive Engineer,

Rural Development, Special Division, Pakur, to construct a hospital

building. The said gochar was identified as being suitable for construction of

the Hospital with the consent of village headman and village community (all

the Jamabandi Raiyats of the village), vide consent letter dated 10.11.2006.

4. When the construction commenced, the first respondent filed a public

interest litigation [W.P. (PIL) No.6779/2006] in the Jharkhand High Court

inter alia contending that the grazing land (gochar) could not be used for any

other purpose and seeking prohibition of construction of a hospital in the

said gochar.
 3

5. On 31.5.2007, the State government issued a notification denotifying

releasing the said 4.44 acres of gochar in Plot No.1061 and in its place

declaring an extent of 4.44 acres of Gairmajarua (Government) Khas land in

Khata No.44, Plot Nos. 62, 199 and 427 as gochar under section 38(2) of the

Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (‘Tenancy

Act’ for short). On the basis of the said notification it was contended by the

appellants in the two appeals before the High Court that the land in question

had ceased to be gochar and therefore, there was no impediment for using

the said land for construction of an hospital. The High Court by the

impugned order dated 17.8.2007 allowed the said writ petition holding as

follows : (i) The State had no authority to construct a hospital in the land

earmarked as gochar meant for grazing of cattle. (ii) The notification dated

31.5.2007, denotifying and releasing the gochar in order to hand over the

same to the health department for construction of a hospital, was not valid in

law, having regard to the bar contained in section 38(1) read with sections

67 and 69 of the Tenancy Act.

6. The said order of the High Court is challenged by the State of

Jharkhand and by the village headman in these two appeals by special leave.

The contentions of the appellants, in brief, are as under:

 4

(i) Having regard to section 2(1) read with section 38(2) of the Tenancy
Act, the State Government had the authority to denotify/release/withdraw
any land from its status as gochar, provided other suitable land is set apart as
gochar to make up 5% of the total area of the village as required under
section 38(2) of the Tenancy Act.

(ii) As the State had settled the said land as gochar for cattle grazing in
the settlement made in 1932, it had the implied authority to denotify/de-
reserve the said land from its status as gochar having regard to section 24 of
the Bihar and Orissa General Clauses Act (for short ‘General Clauses Act’)
subject to compliance with section 38(2) of the Tenancy Act.

(iii) Only the raiyats of the village Solagaria have the right to graze their
cattle in the said gochar. The village headman and the entire village
community (all the Jamabandi raiyats) have given their consent in writing on
10.11.2006 for the land in question being used for construction of a hospital.
None else had any right to use the said land and therefore, the first
respondent (writ petitioner) was not a person aggrieved.

(iv) Large amounts had already been invested for construction of a huge
hospital building. If at this stage the said land is to be declared or confirmed
or restored as gochar, it would result in irreparable financial loss to the
Government as it would involve demolition of the recently constructed huge
structure and construction of another building for the hospital at some other
place. Such an exercise would also delay in extending health facilities to the
residents/ tribals who are in dire need of the same.
 5

(v) Having regard to the declaration of an alternative area of 4.44 acres in

the same village as gochar under section 38(2) of the Tenancy Act, there
was no reduction in the village gochar nor violation of the provisions of the
Tenancy Act.

(vi) In several other cases, the Jharkhand High Court had accepted and
recognized the denotification of the gochar to enable the use thereof for
other purposes and therefore the Government bonafide proceeded on the
basis that such a procedure of denotification was permissible.

7. The first respondent on the other hand, supported the decision of the

High Court. It contended that having regard to the bar contained in section

38(1) of the Tenancy Act, the land earmarked and settled as gochar could

not be used for any other purpose (including the use as a hospital) under any

circumstances. They relied upon the following passage from the final Report

on “Revision Survey and Settlement Operations in the District of Santhal

Parganas” submitted by Mr. J.F. Gantzer in 1935 (vide Para 63) to highlight

the object of setting apart some Government land as gochar :

“Gochar and its Object

63. That there are mainly two objects of gochar or grazing land :

(a) It provides rights to Jamabandi Raiyats (Poor Tribal Agriculturist)

to graze their cattle free of cost, and without any money. These tribal
people are very poor and illiterate, and they cannot afford to purchase
expensive feed and fodder for their domestic animals to provide them
good health and nutrient foods. Grazing lands provides economic support
 6

to these indigent people, and it is a very source and means of livelihood

for them.

(b) Grazing land is a part of our ecology, and helps a lot in

maintaining our ecological balance by providing domestic animals of the
tribes, their natural habitation, natural home and natural environmental
and natural vegetation, where they eat food (grass), drink water, get pure
air, sunlight, rest, move and enjoy freedom, freedom from the shackles of
farm-house, freedom from the fetters of rope, and freedom from every iron
bar. Their habitats are necessary, and necessary to be preserved, as
otherwise it would be a perpetration of cruelty, torture, exploitation and
degrading treatment of domestic animals unbalancing our ecological
system.”

Whether section 2(1) of the Tenancy Act has any bearing ?

8. The appellants relied upon section 2(1) of the Tenancy Act, as the

source of power, to support the validity of the notification dated 31.5.2007

and the said section is extracted below :

“2. Power to vary local extent of the Act and effect of the withdrawal
of the Act from any area.—(1) The State Government may, by
notification withdraw this Act, or any part thereof, from any portion of the
Santhal Parganas Division and may likewise extend this Act, or any part
thereof to the area from which the same has been so withdrawn.”

Sub-section (1) of section 2 of the Tenancy Act enables the state

Government to re-organise or delimit any portion of the Santhal Parganas

Division for convenient revenue administration. De-reserving certain land

which has been recorded as gochar in the record-of-rights in pursuance of a

settlement under the Settlement Regulations, has nothing to do with

withdrawing the applicability of the Tenancy Act or any part thereof from
 7

any portion of Santhal Parganas Division. De-reservation or re-

categorisation of a land recorded as gochar in the record-of-rights is not

within the scope of the Tenancy Act. We are therefore, of the view that

section 2(1) of the Tenancy Act has no relevance and cannot be treated as

the source of power to issue a notification de-reserving gochar.

Whether the Notification dated 31.5.2007 is valid?

9. The core issue is whether section 38(1) of the Tenancy Act was

violated by the State Government, in using the gochar for constructing a

hospital, after de-reserving it from its status as gochar. Section 38 of the

Tenancy Act reads thus :

“38. Grazing land shall not be cultivated.—(1) No land recorded as

village grazing land or gochar shall be settled or brought under cultivation
or utilized for any purpose other than grazing by any one.

(2) If the area recorded as grazing land or gochar be less than five per
centum of the total area of the village, the Deputy Commissioner may, in
consultation with the landlord, village headman or mulraiyat, and raiyats,
set apart suitable area of village waste land for grazing. Such land when so
set apart shall be governed by the provision of sub-section (1).”

Sub-section (1) of section 38 prohibits any land recorded as village grazing

land or gochar being (i) settled or (ii) brought under cultivation or (iii)

utilized for any purpose other than grazing, by anyone.

 8

10. The appellants seek to support the notification dated 31.5.2007 with

reference to section 24 of the State General Clauses Act (corresponding to

section 21 of the Central Act) which provides that where by any State Act or

Regulation, a power to issue notifications, orders, rules or bye-laws is

conferred, then that power includes a power exercisable in the like manner

and subject to like sanction and conditions if any, to add to, amend, vary or

rescind any notification, orders, rules or bye-laws so issued. The power

implied from the said provision of General Clauses Act would be available

only to add, amend, vary or rescind a notification issued in exercise of power

conferred by a State Act or Regulation (which does not specifically confer

the power to add, amend, vary or rescind such notification). It is not the case

of the appellants that the lands in question were declared reserved or notified

as gochar by issue of a notification under any State Act or Regulation. The

notification dated 31.5.2007 was not issued to add, amend, vary or rescind

any notification issued in exercise of power under a State Act or

Regulations. Therefore, the implied power to rescind, vary or amend an

existing notification, recognised by section 24 of the State General Clauses

Act is of no assistance to support the power to issue a notification de-

reserving a land recorded as gochar.

 9

11. The High Court has erroneously assumed that as there is no provision

in the Tenancy Act for dereserving gochar for other uses, the State

Government has no power to dereserve any land recorded as gochar, under

any circumstances and therefore the notification dated 31.5.2007 was

invalid. The High Court has also erroneously assumed that once a land is

recorded as gochar, such land should forever be gochar. The prohibition

under section 38(1) of the Tenancy Act in regard to settlement, cultivation or

utilization for non-grazing purposes is applicable only to land recorded as

village grazing land or gochar. If the land is not recorded as gochar or

village grazing land, or if the land ceases to be shown as gochar or village

grazing land in the Record-of-Rights for valid reasons, then the bar under

section 38(1) will not apply. The manner of recording a land as gochar (or

village grazing land), or the manner of de-reserving any land recorded as

gochar (or village grazing land) is not governed or regulated by section 38

of the Tenancy Act. If the State Government has the power to dereserve or

denotify gochar (village grazing land) under any other law, and such power

is validly exercised, then the land will cease to be gochar and the prohibition

under section 38(1) of the Tenancy Act in regard to non-grazing use will not

apply.
 10

12. Let us now consider whether the State Government has the power to

de-reserve or de-notify gochar (village grazing land). We find that

appropriate provision therefor is found in the Regulations. The preamble of

the Regulations make it clear that it was made for securing the peace and

good governance of the territory known as Santhal Parganas (as contrasted

from the preamble to the Tenancy Act which shows that the Act was made

to amend and supplement certain laws relating to landlords and tenants in

Santhal Parganas).

12.1) Regulation 10 empowers the state government to appoint the officers

by whom the settlement is to be made and make rules for the procedure of

such officers in the investigation into rights in the land and hearing of suits,

and generally for the guidance of such officers.

12.2) Regulation 13 provides that the record of rights to be prepared by a

settlement officer shall show the nature and incidents of each rights and

interest held by each class of occupiers or owners in a village and if need be,

of each individual owner, occupier or headman in a village. The second part

of Regulation 14 provides that the Settlement Officer shall inquire into,

settle and record all rights in, or claims to, the lands of a village of which he
 11

is preparing a record-of-rights, even though such claims or rights may not be

urged by the parties interested.

12.3) Regulation 24 relates to publication or record of rights and it is

extracted below :

“Publication or record-of-rights – After the Settlement the Settlement

Officer shall have made the record-of-rights for any village, he shall notify
and publish the contents of such record to the persons interested by
posting it conspicuously in the village and otherwise in such manner as
may be convenient.

Objections against such record – Any person interested shall thereupon be

allowed to bring forward (in the Settlement Courts) within a period of six
months from the date of publication of such record-of-rights, any
objection he may desire to make to any part of such record; and the
objection so made shall be inquired into and disposed of by a decision in
writing under the hand of the officer presiding in the court.”

12.4) Regulation 25 provides when and how the record-of-rights of any

village becomes final. Sub-sections (1) and (3) thereof which are relevant for

our purpose are extracted below :

“25. Record to be final after six months publication : (1) After a period
of six months from the date of the publication of the record-of-rights of
any village, such records shall be conclusive proof of the rights and
customs therein recorded, other than the rights mentioned in section 25-A,
except so far as concerns entries in such record regarding which objections
by parties interested may still be pending in the Original or Appellate
Courts, or may still be open to appeal.

xxxxxxx

(3) When a record-of-rights has become final, or any objection to any

entry in a record-of-rights has been finally disposed of in the Settlement
Courts, and when all final decisions and orders, including such as may
have been passed on revision as provided in sub-section (2), have been
correctly embodied therein, such record shall not, until a fresh settlement
 12

is made or a new table of rates and rent-rols are prepared, be re-opened

without the previous sanction of the State government.”

12.5) It is evident from Regulation 25 read with Regulation 24 that though

normally once the record of rights has become final, it shall not be re-opened

until a fresh settlement is made, the entries in the record of rights can be re-

opened and altered with the previous sanction of the state government. It is

therefore clear that even if a land had been recorded as a gochar in the

record-of-rights of a village in pursuance of a settlement under the

Regulations, it can be re-opened and altered at any time, without waiting for

the next settlement, with the previous sanction of the state government.

Therefore the contention of the first respondent that once a gochar, always a

gochar, and there is no power in any one at any time, to alter its status as

gochar is without merit. All that the state government did by the notification

dated 31.5.2007 was to dereserve gochar in pursuance of a proposal/request

for sanction by the Deputy Commissioner so that it is no longer recorded as

gochar (or village grazing land).

13. The Deputy Commissioner is the authority empowered to reopen the

record-of-rights for the purpose of dereserving the land recorded as gochar

by altering its use. He made a proposal seeking the sanction of the state

government, for de-reserving the gochar in question (4.40 acres in Thane

 13

No.24, Plot No.1061, Solagoria) and the state government by the impugned

notification dated 31.5.2007 granted such approval by passing an order of

de-reservation. By the very same notification, it ensured that section 38(2) of

the Tenancy Act was also fulfilled by earmarking alternative land as gochar.

The only possible objection that can be raised to the notification dated

31.5.2007 is that having regard to the Regulation 25(3), the state government

had to merely sanction the dereservation and could not by itself de-reserve

the land. This technical objection has no merit as de-reservation is effected

by the Deputy Commissioner in pursuance of the approval granted by the

state government, by making appropriate entry in the record-of-rights of the

village. Therefore, the notification in question has to be read as an order

granting reopening of the final record of rights of the village Solgaria for the

purpose of dereserving the gochar of 4.40 acres for the purpose of

constructing a hospital with the consent of the village headman and

Jamabhandi Raiyats and at the same time instructing and directing the

Deputy Commissioner to ensure that appropriate suitable land is set aside for

grazing so as to make up 5% of the total land of the village as required under

section 38(2) of the Act.

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14. The notification no doubt does not refer to Regulations 24 and 25(3).

But it is now well settled the omission to refer to the provision of law which

is the source of power, or the mentioning of a wrong provision, will not by

itself render an order of the government invalid or illegal, if the government

had the power under an appropriate provision of law -- vide K.K. Parmar vs.

High Court of Gujart – 2006 (5) SCC 789 and Kedar Shashikant Deshpande

vs. Bhor Municipal Council (CA Nos.10452-457/2010 dated 10.12.2010).

15. We should however note that such de-reservation of any government

land reserved as gochar, should only be in exceptional circumstances and for

valid reasons, having regard to the importance of gochar in every village.

Any attempt by either the villagers or others to encroach upon or illegaly

convert the gochar to house plots or other non-grazing use should be resisted

and firmly dealt with. Any requirement of land for any public purpose

should be met from available waste or unutilized land in the village and not

gochar. Whenever it becomes inevitable or necessary to de-reserve any

gochar for any public purpose (which as stated above should be as a last

resort), the following procedure contemplated in Regulations 24 and 25 and

section 38(2) should be strictly followed :

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(a) The jurisdictional Deputy Commissioner shall prepare a note/report

giving the reasons why the gochar had been identified for any non-
grazing public purpose and record the non-availability of other suitable
land for such public purpose. Deputy Commissioner shall send the said
proposal for de-reservation to the State government for its previous
sanction.
(b) The state government should consider the request for sanction keeping

in view the object of gochar and the need for maintaining a minimum of
five percent of village area as gochar, and call for
suggestions/objections from the villagers before granting sanction.
(c) If the state Government grants the sanction, the Deputy Commissioner

should proceed to make an order de-reserving, the gochar by making

appropriate entries in the record-of-rights and re-classifying the same for
the purpose for which it was de-reserved.
(d) Whenever the gochar in a village is de-reserved and diverted to non-

grazing use, simultaneously or at least immediately thereafter the State

should make available alternative land as gochar, in a manner and to an
extent that the gochar continues to be not less than 5% of the total extent
of the village as provided under section 38(2) of the Tenancy Act.

When the gochar is not government land, but is village common land

vesting in the villagers and not the government, the consent of village

headman and the Jamabandi Raiyats/villagers in whom the land vests shall

have to be obtained, before de-reservation and diversion of use of gochar.

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16. In this case the urgent need for de-reserving the gochar of 4.40 acres

and diversion of its use for the public purpose of hospital is not in dispute.

The village headman and all the Jamabandi Raiyats have consented to the

de-reservation and use of the land in question for hospital. The land in

question was found to be most suitable for housing the hospital. Alternative

land was immediately notified as gochar. The Hospital has already been

constructed in the land. Any delay would come in the way of health care of

the villagers/tribals. In the circumstances, the notification dated 31.5.2007 of

the Government is upheld. It is needless to say that respondents 6 and 9 will

carry out necessary amendments in the Record of Rights of the village,

showing Plot No.1061 as used non-grazing public purpose and record Plot

Nos.62, 199 and 427 as gochar.

Other objections of first respondent

17. Learned counsel for the first respondent submitted that the hospital

could have as well been put up in Plot Nos.62, 199 and 427 measuring 4.44

acres which has now been declared as alternative gochar. The gochar

measuring 4.40 acres in plot No.1061 was chosen for the hospital having

regard to its easy accessibility as it adjoins a main road. Any interior land

would be disadvantageous for construction of a hospital but will not be

 17

disadvantageous for being used as a grazing land. Therefore the decision of

the authorities to locate the hospital in Plot No.1061 in question cannot be

faulted with.

18. The first respondent next submitted that Plot Nos.62, 199 and 427 are

rocky land and not suitable for grazing land for being declared/earmarked as

gochar. But such an objection has not been raised by the village community

who are entitled to use the gochar. If the alternative lands notified as gochar

were unsuitable, they would have raised the objection. When the village

headman and Raiyats have agreed for the alternative area as gochar, such a

contention is not available to the first respondent.

19. The first respondent lastly submitted that there were some

irregularities and misuse of funds in the construction of the hospital

building, during the pendency of the litigation, as it was done without

inviting tenders. That is a separate issue. If there is any irregularity in regard

to construction, the first respondent may agitate the issue by lodging a

complaint with appropriate authorities.

20. We therefore allow these appeals, set aside the impugned order of the

High Court and dismiss the public interest litigation (W.P. (PIL)
 18

No. 6779/2006) and permit the hospital to function in ex-gochar land

namely Plot No.1061, Mohza Solagaria.

……………………………J.
(R V Raveendran)

New Delhi; …………………………..J.

January , 2011. (H L Gokhale)