1

Community Policing as scouting for Animal Welfare Division

Remembering founder of PFA Haryana, great visionary and guide
Chaudhary Om Prakash Kadyan with Smt. Prem Kaur Dhankar

WHITE PAPER: Gandhigiri

Master Trainer in Animal Welfare to Govt. of India - Naresh Kadyan

Versus

1. Cabinet Secretary to Govt. of India.

2. Standing Committee on Agriculture, Animal Husbandry
and Food Processing Committee, Lok Sabha.
3. Standing Committee on Ethics, Lok Sabha.
4. Standing Committee on Petitions, Lok Sabha.
5. Member, Consultative Committee, Ministry of Animal
Husbandry, Dairying and Fisheries, enjoyed Lok Sabha
terms during 9,11,12,13,14,15,16,17.

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,
C- 38, Rose Apartment, Sector- 14, Rohini, Delhi -110085.
 2

Resolution
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 senior citizen of India, performing my fundamental duties, without
gain and profit, only to safeguard flora and fauna, in the interest of the public
at large.
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 Party, political wing for flora and fauna.
6. 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

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.
 3

(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, 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
 4

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:
• Freedom from hunger or thirst.
• Freedom from discomfort.
• Freedom from pain, injury or disease.
• Freedom to express (most) normal behaviour.
• Freedom from fear and distress.

Article 51A of the Indian Constitution, defined Fundamental duties:

It shall be the duty of every citizen of India – (g) to protect and improve
the natural environment including forests, lakes, rivers and wild life, and to
have compassion for living creatures.
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.
Indian Penal Code, 1860: As per section 47:
"animal" denotes any living creature, other than a human being.
Prevention of Cruelty to Animals Act, 1960:
As per section 2 (a):
"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:

 5

(e) “goods” includes (ii) animals or livestock.

Biological Diversity Act, 2002:

Section 2(c) Biological resources, means plants, animals and micro-

organisms or parts thereof, their genetic material and by-products
(excluding value added products) with actual or potential use or value,
but does not include human genetic material.
(f) Commercial utilization, means end uses of biological resources for
commercial utilisation such as drugs, industrial enzymes, food flavours,
fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and
genes used for improving crops and livestock through genetic
intervention, but does not include conventional breeding or traditional
practices in use in any agriculture, horticulture, poultry, dairy farming,
animal husbandry or bee keeping.

Prevention and Control of Infectious and Contagious Diseases in Animals Act,

2009: Section 2: Definitions: In this Act, unless the context otherwise requires:
Animal means, (i) cattle, buffalo, sheep, goat, yak, mithun; (ii) dog,
cat, pig, horse, camel, ass, mule, poultry, bees; and (iii) any other
animal or bird as the Central Government may, by notification,
specify.

Central Goods and Services Tax Act, 2017:

Section 2(52). Goods, means every kind of movable property other than
money and securities but includes actionable claim, growing crops,
grass and things attached to or forming part of the land which are
agreed to be severed before supply or under a contract of supply.

Insecticides Act, 1968:

Section 3 - Definitions: In this Act, unless the context otherwise

requires: Animals, means animals useful to human beings and includes
fish and fowl, and such kinds of wild life as the Central Government
may, by notification in the Official Gazette, specify, being kinds which, in
its opinions, it is desirable to protect or preserve.

Section 2 of the Motor Vehicles Act, 1988:

(13). GOODS, includes live-stock, and anything (other than equipment
ordinarily used with the vehicle) carried by a vehicle except living
persons, but does not include luggage or personal effects carried in a
motor car or in a trailer attached to a motor car or the personal luggage
of passengers travelling in the vehicle.
(14). Goods carriage, means any motor vehicle constructed or adapted
for use solely for the carriage of goods, or any motor vehicle not so
constructed or adapted when used for the carriage of goods.
 6

STOP discrimination and contradictions, expected from the unpaid Honorary

Animal Welfare Representative, asking them:
1. I promise to protect the animals from unnecessary cruelty or pain, to
safeguard the rights of the animals and help animals in distress.
2. I shall not take up part-time or full-time employment or consultation with
any other party or be involved in any other business involving Animal
Slaughter, Animal Transportation pet shop or breeding units or any
other business involve in any cruelty to animals.
Whereas, as per Rule 3 of the Veterinary Council of India Standard of
Professional Conduct, Etiquette and Code of Ethics, for Veterinary
Practitioners Regulations, 1992:
Declaration and oath by a veterinarian:
Being admitted to the profession of veterinary medicine:
1. 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.
2. I shall practice my profession conscientiously, with dignity, and in
keeping with the principles of veterinary medical ethics.
3. I accept as a lifelong obligation the continuous improvement of my
professional knowledge and competence.
Orders passed in SLP (C) No. 11686 of 2007, clarified vide Supreme Court
order dated 18.5.2023 in WP (C) No. 23 of 2016, read with article 51A of Indian
Constitution, animals have 5 freedoms, including Right to life, then animals
cannot be slaughtered for their flesh, either to eat as diet, nor to export for
gain and profit. As AWBI never performed as per section 9 of the Prevention of
Cruelty to Animals Act, 1960, neither deputed – nominated their
representatives in the management of recognised AWOs, since beginning till
date, nor introduce any transportation mechanism and vehicles for Camels.
 7

About the Department:

The Department of Animal Husbandry and Dairying (AH&D) is one of the

Departments of the newly created Ministry of Fisheries, Animal
Husbandry & Dairying vide Cabinet Secretariat's Notification
No.1/21/7/2019-Cab dated 17.06.2019 published in eGazette
S.O.No.1972(E). The Department of Animal Husbandry and Dairying
(AH&D) renamed as Department of Animal Husbandry, Dairying &
Fisheries (DADF) was one of the Departments in the Ministry of
Agriculture and came into existence w.e.f. 1st February 1991, by
converting two divisions of the Department of Agriculture and
Cooperation namely Animal Husbandry and Dairy Development into a
separate Department. The Fisheries Division of the Department of
Agriculture and Cooperation and a part of the Ministry of Food Processing
Industries were later transferred to this Department w.e.f. 10th October
1997. The Department is located at Krishi Bhawan, New Delhi and parts of
some Divisions of the Department are functioning from Chanderlok
Building, Janpath, New Delhi.

The Department is responsible for matters relating to livestock

production, preservation, protection from diseases and improvement of
stocks and dairy development, and also for matters relating to Delhi Milk
Scheme (DMS) and National Dairy Development Board (NDDB).

The Department advises State Governments/Union Territories in

formulation of policies and programme in the field of Animal Husbandry
and Dairy Development. The main thrust areas are:
• Development of requisite infrastructure in States/ UTs for improving
animal productivity.
• Preservation and protection of livestock through provision of health
care.
• Strengthening of central livestock farms (Cattle, Sheep and Poultry)
for development of superior germplasm for distribution to states.

Vision:
Sustainable growth of livestock, poultry for nutritional security, economic
prosperity and livelihood support; and promotion of Disease-Free Zone
concept for specific animal diseases.
 8

Mission:
Preserve animal genetic resources, conserve indigenous breeds, protect,
strengthen and improve livestock, create employment opportunities and
livelihood support for women and other marginalized groups, increase
production, productivity and value addition of livestock, and poultry
products.
Objectives:

• To develop requisite animal husbandry & dairying infrastructure in

States/ UTs for improving livestock production & productivity.
• To preserve and protect livestock through provisioning of adequate
health care facilities.
• To strengthen of central livestock farms (Cattle, Sheep and
Poultry) for development of superior germplasm for distribution to
States / UTs.

Allocation of Business Rules

PART I
The following subjects which fall within List I of the Seventh Schedule to the
Constitution of India:
• Industries, the control of which by the Union is declared by
Parliament by law to be expedient in public interest as far as these
relate to development of livestock and birds feed and dairy and
poultry products with the limitation that in regard to the development
of industries. The functions of the Department of Animal Husbandry
and Dairying do not go further that the formulation of the demand
and fixation of targets.
• Promotion and development of livestock, dairy and poultry and its
associated activities, including infrastructure development,
marketing, exports and institutional arrangements etc.
• Welfare of persons engaged in activities relating to livestock, dairy
and Poultry.
• Liaison and cooperation with international organizations in matters
relating to livestock and poultry development.
• Livestock Census.
• Livestock Statistics.
• Matters relating to loss of livestock due to natural calamities.
• Regulation of livestock importation, animal quarantine and
certification.
• Gaushalas and Gausadans.
• Matters relating to pounds and cattle trespass.
• Prevention of cruelly to animals.
• The Prevention of Cruelty to Animals Act, 1960 (59 of 1960).
PART II
The following subjects which fall within List III of the Seventh Schedule to the
Constitution of India (as regards legislation only):
 9

• Profession of veterinary practice.

• Prevention of the extension from one State to another of infectious
or contagious diseases or pests affecting animals and birds.
• Conversion of indigenous breeds; introduction and maintenance of
Central Herd Books for indigenous breeds of livestock.
16- Pattern of financial assistance to various State undertakings, Dairy
Development Schemes through State agencies/Co-operative Unions.
PART III
For the Union territories the subjects mentioned in parts I and II above, so far
as they exist in regard to those territories and, in addition, to the following
subjects which fall within List II of the Seventh Schedule to the Constitution
of India:
• Preservation, protection and improvement of stocks and prevention
of diseases of animals and birds, veterinary training and practice.
• Courts of Wards.
• Insurance of livestock and birds.
PART IV
• Matters relating to cattle utilization and slaughter.
• Fodder development.

Mandate of Animal Welfare Board of India:

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

of the provision of the Prevention of Cruelty to Animals 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.
 10

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 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.

Prayers:
1. STOP discrimination and contradictions, duties and functions of
National Livestock Mission, who promote slaughtering with AWBI,
responsible to prevent unnecessary pain and sufferings to animals.
2. Shift the Animal Welfare Division, including Prevention of Cruelty to
Animals, outside the purview of the Department of Animal Husbandry
and Dairying, merging with the Social Justice and Empowerment, as per
past practices, removing both public servants of NLM, from the main
berth as Chairman and Secretary of AWBI, with apology.

Distributions:
All Stakeholders, including Members Naresh Kadyan
11
12
 NARESH KADYAN
Retired Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
Founder Chairman, PFA Haryana.
Convener, Animal Welfare Party,
1st Political wings in India, restoring five
freedoms for animals, preventing to treat them
as goods, food, political and publicity tool

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 COMMUNITY POLICING
vision and action, habitual khadi wearers and AS SCOUTING,
speaking truth, performing fundamental duties,
COORDINATION
as social reformer, compassionate citizen, and
unpaid labour for flora and fauna, our mission: Among Society as per laws of
kadyan.ipfa 9813010595
Conservation beyond imagination: the land
@gmail.com
1. Retired as Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
2. Lifetime as Chief National Commissioner,
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:
40 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
Voter: Village Siwana, Beri Constituency.
Property: Valid License for 2 Arms, all over India.

Chaudhary Om Parkash Kadyan - Smt. Prem Kaur Dhankar Memorial Foundation

2
 REGD. NO. D. L.-33004/98

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 585 ] NEW DELHI, WEDNESDAY, SEPTEMBER 9, 1998/BHADRA 18, 1920

2456 GI/98 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

CABINET SECRETARIAT

NOTIFICATION

New Delhi, the 3rd September, 1998

S.O.792 (E). —In exercise of the powers conferred by Clause (3) of article 77 of the Constitution, the President hereby
makes the following rules farther to amend the Government of India (Allocation of Business) Rules, 1961, namely:—

1. (1) These rules may be called the Government ofIndia(AllocationofBusiness)(TwoHundredandFortiethAmendment

Rules, 1998.

(2) They shall come into force at once.

2. In the Government of India (Allocation of Business) Rules, 1961, in the Second Schedule,—

"(a) under the heading "MINISTRY OF ENVIRONMENT AND FORESTS (PARYAVARAN TATHA VAN
MANTRALAYA)", entires 9 and 19 shall be omitted;

(b) under the heading "MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT (SAMAJIK NYAYA AUR
ADHIKARITA MANTRALAYA)'', after entry 36, the following entries shall be added, namely :—

"37. The Prevention of Cruelty to Animals Act, 1960 (59 of 1960).

38. Prevention of cruelty to animals.".

K. R. NARAYANAN
PRESIDENT

[File. No. 1/22/1/98-Cab.]

V. K. GAUBA, Under Secy.

Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054 —1998
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
la- 1352] ubZ fnYyh] शुokj] vizSy 5] 2019@pS=k 15] 1941
No. 1352] NEW DELHI, FRIDAY, APRIL 5, 2019/CHAITRA 15, 1941

मंिमंडल सिचवालय
अिधसूचना

नई दली, 4 अ ल
ै , 2019

का.आ
का.आ. 1531(अ).—रापित, संिवधान के
1531(अ).
(अ).— अनु छेद 77 के खड (3) ारा द शिय का योग करते ए, भारत सरकार

काय-आबंटन) िनयम, 1961

( का और संशोधन करने के िलए, िननिलिखत िनयम बनाते ह!, अथात्:-

1. (1) इन िनयम का संि'( नाम भारत सरकार (काय-आबंटन) तीन सौ उनचासवां संशोधन िनयम, 2019 है।

(2) ये तुरंत वृ हगे।

2. भारत सरकार ( काय-आबंटन) िनयम, 1961 म,, ितीय अनुसूची म,,-

(i) "कृिष एवं .कसान क/याण मं1ालय" शीषक के अधीन, "ग. पशुपालन और डेरी िवभाग" उप- शीषक के अधीन, िवि4 6

के प5ात्, िननिलिखत िवि4यां अंतः7थािपत क8 जाएंगी, अथात:् -

"6क. गौशाला और गौसदन।

6ख. कांजीहौस और पशु अितचार से संबंिधत मामले।

6ग. पशु9 के ित :ू रता का िनवारण।

6घ. पशु9 के ित :ू रता का िनवारण अिधिनयम, 1960 (1960 का 59)।";

2043 GI/2019 (1)

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(ii) "पयावरण, वन और जलवायु प<रवतन मं1ालय" शीषक के अधीन, िवि4 34, िवि4 35, िवि4 36 और िवि4 37

का लोप .कया जाएगा।

राम नाथ कोिव=द

रापित
————

[फा. सं. 1/21/17/2015- मंि1.(खंड-I)]

रचना शाह, संयु सिचव

CABINET SECRETARIAT

NOTIFICATION

New Delhi, the 4th April, 2019

S.O. 1531(E).—In exercise of the powers conferred by clause (3) of article 77 of the Constitution, the
President hereby makes the following rules further to amend the Government of India (Allocation of Business) Rules,
1961, namely:-

1. (1) These rules may be called the Government of India (Allocation of Business) Three Hundred and Forty
Ninth Amendment Rules, 2019.

(2) They shall come into force at once.

2. In the Government of India (Allocation of Business) Rules, 1961, in THE SECOND SCHEDULE,-

(i) under the heading “MINISTRY OF AGRICULTURE AND FARMERS WELFARE (KRISHI EVAM
KISAN KALYAN MANTRALAYA)”, under the sub-heading “C. DEPARTMENT OF ANIMAL
HUSBANDRY AND DAIRYING (PASHUPALAN AUR DAIRY VIBHAG)”, after entry 6, the
following entries shall be inserted, namely:-

“6A. Gaushalas and Gausadans.

6B. Matters relating to pounds and cattle trespass.
6C. Prevention of cruelty to animals.
6D. The Prevention of Cruelty to Animals Act, 1960 (59 of 1960).”;
(ii) under the heading “MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
(PARYAVARAN, VAN AUR JALVAAYU PARIVARTAN MANTRALAYA)”, entries 34, 35, 36 and
37 shall be omitted.

RAM NATH KOVIND

PRESIDENT
————

[F. No. 1/21/17/2015-Cab.(Vol.I)]

RACHNA SHAH, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

ALOK Digitally
and Published by the Controller of Publications, Delhi-110054. signed
by ALOK KUMAR

KUMAR Date: 2019.04.06

11:49:43 +05'30'
 CIC/AWBIC/A/2020/672806

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/2020/672806

In the matter of:

Naresh Kadyan … अपीलकता/Appellant

VERSUS
बनाम

CPIO, … ितवादीगण /Respondent

National Institute of Animal
Welfare Campus /Assistant
Secretary Animal Welfare Board of
India National Institute of Animal
Welfare Campus 42 KM Stone,
Delhi-Agra Highway, NH-2
Ballabhgarh, Haryana -121004

Relevant dates emerging from the appeal:

RTI Application filed on : 16.01.2020

CPIO replied on : 12.02.2020
First Appeal filed on : 15.03.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 04.06.2020
Date of Hearing : 04.01.2022

Page 1 of 9
 CIC/AWBIC/A/2020/672806

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.

ORDER

Information sought:
The Appellant filed an online RTI Application dated 16.01.2020 seeking
information on the following eight points:

“Scouts & Guides for Animals & Birds needs following complete information for
the last ten years to till date with details of legal proceedings, list of court
establishments to try & decide the crime:
1. Complete list of private establishments functioning in the premises of land &
building, owned by the Government agencies, describing the activities done by
them with their objectives & premises in their possession, their source of
funding.
2. There are many rescue & rehabilitations centers for dancing bear & captive
elephants, run & managed by the private establishments, without power &
authority by law, to try & decide the crime against wild animals, but many
animals accepted without completing legal procedure, hence complete list of
centers all around India with details on wild animals rescued, source of
procurement, complete details about legal proceedings as FIR, try & decide by
court of law, cases under trial & decided, even pending investigation by
competent Authorities.
3. Complete list with their source of procurement of wild animals, trophies,
applied to get ownership of wild animals, trophies but rejected by authority
due to violations, hence supply me complete details with present status of the
matter, animals & trophies.
4. Complete list with their source of procurement of wild animals, trophies,
applied to get ownership of wild animals, trophies & granted ownership by
authority, hence supply me complete details with present status of the matter,

Page 2 of 9
 CIC/AWBIC/A/2020/672806

animals & trophies with the owner of wild animals, trophies etc, whether alive
or dead
5. Complete list of license granted to import – export animals & birds, with their
species, gender & age wise, present status with reason for import export
6. Complete list of license rejected, applied to import – export animals & birds,
with their species, gender & age wise, present status with reason for import –
export
7. Complete details about to import captive Cheetah, Hippo, Zebra Chimpanzee,
Primates, Kangaroo with exotic species of birds, for educational purposes
8. Complete list Advice & regulations issued by the 1. Animal Welfare Division
(Govt. of India
2. Animal Welfare Board of India
3. National Institute for Animal Welfare
4. Central Zoo Authority
5. Wildlife Crime Control Bureau
6. National Tiger Conservation Authority
7. National Board for Wildlife
8. National Biodiversity Authority
Present status & impact of advice with reasons of regulations.

Ms. Prachi Jain, Assistant Secretary/CPIO. Animal Welfare Board of India,

Ballabhgarh, Haryana vide letter dated 12.02.2020, informed to the Appellant as
under:
“1 to 7: The information sought is not available with the Board.
8 The list of advisories issued by the Board is enclosed.”

Being dissatisfied, the appellant filed a First Appeal dated 15.03.2020, 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
unsatisfactory reply furnished by the Respondent. The Appellant requested the
Commission to direct the CPIO to provide information sought for and take
appropriate legal action against the Respondent.

Page 3 of 9
 CIC/AWBIC/A/2020/672806

Submissions made by Appellant and Respondent during Hearing:

The Appellant stated that he is not satisfied with the reply provided by the
Respondent.

The Respondent submitted that the information sought at point nos. 1 to 7 of the
RTI Application might be available with the respective/concerned State
Governments. Upon queried by the Commission as to whether the First Appeal
was adjudicated by the First Appellate Authority, she replied in affirmative. She
submitted that the First Appellate Authority vide order dated 10.04.2020 had
upheld the reply of the CPIO.

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:

Page 4 of 9
 CIC/AWBIC/A/2020/672806

Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings
during the hearing, the Commission observes that the information sought at point
nos. 1 to 7 of the RTI Application is beyond the purview of information as defined
at Section 2(f) of the RTI Act as the same are vague and unspecific. With regard to
the information sought at point no. 8 of the RTI Application, the Respondent has
provided appropriate reply to the Appellant. The Commission finds no infirmity in
the reply provided by the Respondent.
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
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:

Page 5 of 9
 CIC/AWBIC/A/2020/672806

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]

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…”

Page 6 of 9
 CIC/AWBIC/A/2020/672806

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
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…”

Page 7 of 9
 CIC/AWBIC/A/2020/672806

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]

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 dismissed.

Page 8 of 9
 CIC/AWBIC/A/2020/672806

Copy of the decision be provided free of cost to the parties.

The Appeal, hereby, stands dismissed.

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 National
Institute of Animal Welfare Campus
42 KM Stone, Delhi-Agra Highway,
NH-2 Ballabhgarh, Haryana -121004

2. The Central Public Information Officer

National Institute of Animal Welfare Campus
/Assistant Secretary Animal Welfare
Board of India National Institute of Animal
Welfare Campus 42 KM Stone,
Delhi-Agra Highway, NH-2
Ballabhgarh, Haryana -121004

3. Mr. Naresh Kadyan

Page 9 of 9
 CIC/AWBIC/A/2020/672678

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/2020/672678

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 : 20.12.2019

CPIO replied on : Not on Record
First Appeal filed on : 10.03.2020
First Appellate Authority order : Not on Record
Second Appeal received on : 03.06.2020
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.

Page 1 of 8
 CIC/AWBIC/A/2020/672678

ORDER

Information sought:
The Appellant filed an RTI Application dated 20.12.2019 seeking information as
under:

“Describe in details, point wise as AWBI have mandate & its functions but failed
to compliance. To prevent the infliction of unnecessary pain or suffering on
animals, in terms of the provision of the Prevention of Cruelty to Animals Act,
1960. 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. 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. 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. 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. 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 preslaughter stages as
far as possible, and animals are killed, wherever necessary, in as humane a
manner as possible. To take all such steps as the Board may think fit to ensure that
unwanted animals are destroyed b y local authorities, whenever it is necessary to
do so, either instantaneously or after being rendered insensible to pain or
suffering. To encourage by the grant of financial assistance or otherwise, the
formation or establishment of Pinjarapoles, rescue homes, animals 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. 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
animals and birds. 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. 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

Page 2 of 8
 CIC/AWBIC/A/2020/672678

whenever the Board thinks it necessary to do so. 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 etc”

Having not received any information from the CPIO, the Appellant filed a First
Appeal dated 10.03.2020, 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 he has not received any reply from the Respondent till
date.

The Respondent submitted that appropriate information was provided to the

Appellant vide letter dated 17.01.2020. Upon queried by the Commission as to
whether the First Appeal was adjudicated by the First Appellate Authority, she
replied in affirmative. She further submitted that on 10.04.2020 had upheld the
reply of the CPIO.

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:

Page 3 of 8
 CIC/AWBIC/A/2020/672678

Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings
during the hearing, the Commission observes that the Commission observes that
the information sought in the instant RTI Application is beyond the purview of
Section 2(f) of the RTI Act because the queries are vague and unspecific.
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
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

Page 4 of 8
 CIC/AWBIC/A/2020/672678

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]

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…”

Page 5 of 8
 CIC/AWBIC/A/2020/672678

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
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…”

Page 6 of 8
 CIC/AWBIC/A/2020/672678

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]

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 dismissed.

Page 7 of 8
 CIC/AWBIC/A/2020/672678

Copy of the decision be provided free of cost to the parties.

The Appeal, hereby, stands dismissed.

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