Committee On Petitions of Rajya Sabha With All State Assemblies and Leaders of Oppositions.

1
PRSEC/E/2019/21045; PMOPG/E/2019/0642451; DOAHD/E/2019/00480; DLGLA/E/2019/01333
Petitioner prayers that: 1). Recall all Rules, Notifications and Regulations, introduced under PCA Act, 1960, violated the
legal provisions of 38-A of PCA Act, 1960. 2). Restore legal position as it was on or before 30-7-1982 along with
compensation to all affected parties. 3). Status reports on effected sections of the society, traditions and heritages, social
fabric
Before the Committee on Petitions of Council of States (Rajya Sabha)
All Committees on Petitions, State Legislative Assemblies in India
Petition of Naresh Kadyan, Member, IUCN Commission on Education & Communication, Master Trainer, AWBI,
Volunteer, WCCB, Rep. of United Nation affiliated OIPA in India, Chief National Commissioner of Scouts & Guides for
Animals & Birds, National Authority for Animal Welfare of OIPA: Indian People for Animals, C-38, Rose Apartment,
Prashant Vihar, sector-14, Rohini, Delhi – 110085.
with
Mrs. Sukanya Berwal, Commissioner of Education, Scouts & Guides for Animals & Birds
Versus
1. Animal Welfare Division

2. Animal Welfare Board of India
3. Committee for the Purpose of Control and Supervision of Experiments on Animals
INDEX
1. Committee on Petitions, advance copy supplied to all concerned including AWD, CPCSEA, AWBI 2-3
2. Animal Welfare Board of India replied under RTI Act, 2005 that they don’t have any information’s about 4
compliance of section 38-A of the PCA Act, 1960.
3. RTI section of President Secretariat forwarded to Parliamentary Affairs with Legislative Department 5-7
4. Copies of RTI Application submitted before RTI section of President Secretariat & others with PG Portal 8-13
5. Delhi Speaker office advice 14
GNCTD/E/2019/08315; 2019138725
Naresh Kadyan, Member, IUCN Commission on Education & Communication
with
2
To,
1. The Council of States (Rajya Sabha), New Delhi.

2. All Committee on Petitions, State Legislative Assemblies in India.
The petition of Naresh Kadyan, Member, IUCN Commission on Education &

Communication, Master Trainer, AWBI, Volunteer, WCCB, Rep. of United Nation
affiliated OIPA in India, Chief National Commissioner of Scouts & Guides for
Animals & Birds, National Authority for Animal Welfare of OIPA: Indian People
for Animals, C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi.
with
Being a Fighter by spirit: Activist by mission: Humanitarian by choice: Jat by birth:

Cobbler by profession: Gandhian by vision, Respectfully Showeth:
It is humbly submitted that:
1. Animal Welfare Board of India constituted as umbrella Organisation to advice and

suggests minimizing the unnecessary pain and sufferings to the animals in India.
The motto of Prevention of Cruelty to Animals (PCA) Act 1960 as amended in 1982
is to prevent infliction of unnecessary pain or suffering on animals, section 38-A was
added
Every rule made by the Central Government or by the Committee constituted
under section 15 and every regulation made by the Board shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation as the case may be, or both
Houses agree that the rule or regulation, as the case may be, should not be made,
the rule or regulation shall thereafter have effect only in such modified form or
be of no effect, as the case may be so, however, that any such modification or
annulment, shall be without prejudice to the validity of anything previously done
under that rule or regulation.
2. Following Rules & Notifications were introduced under the Prevention of Cruelty to
Animals Act, 1960 after 30-7-1982 without placing before both Houses of Indian
Parliament, keeping in view the legal provision under section 38-A of the PCA Act, 1960.
1. Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998

2. Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998
3. Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001
4. Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2005
6. Prevention of Cruelty to Animals (Slaughter House) Amendment Rules
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7. Animal Birth Control (Dogs) Amendment Rules

8. Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules
9. Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules
10. Prevention of Cruelty to Animals in Animal Markets Rules
11. Prevention of Cruelty to Animals (Pet Shop) Rules
12. Performing Animals (Registration) Rules
13. Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of
Cruelty to Animals) Rules
14. Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules
15. Cattle Transport (Amendment) Rules
16. Prevention of Cruelty to Animals (Restricted to Exhibit or Trained as a Performing Animals)
Petitioner (s) prayers that:
1. Recall all Rules, Notifications & Regulations, introduced under PCA Act, 1960,
violated the legal provisions of 38-A of PCA Act, 1960.
2. Restore legal position as it was on or before 30-7-1982 along with compensation to
all effected parties.
3. Status reports on effected sections of the society, traditions & heritages, social fabric
Name of Petitioner Address Signature

Naresh Kadyan C-38, Rose Apartment,
Prashant Vihar, sector-14,
Prashant Vihar, Rohini,
Delhi – 110085.
Counter-Signature of Member presenting
Advance copy forwarded for information & necessary action to:
1. His Excellency President / Vice President of India.

2. Hon’ble Prime Minister of India.
3. Hon’ble Speaker of Lok Sabha.
4. Hon’ble Minister concerned.
5. Hon’ble Leader of opposition.
6. Hon’ble Registrar, Supreme Court of India.
7. Hon’ble Registrar, State High Courts.
8. Hon’ble Lokpal of India.
9. Hon’ble Governors of all States in India.
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5
6
7
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RTI Request Registration number PRSEC/R/2019/51026 : MOENF/R/2019/90028

Public Authority President Secretariat
DOAHD/R/2019/80163 PRSEC/A/2019/60164
AWD passed to AWBI, officials do not have documents - evidences & communications related
approval of Indian Parliament as per section 38-A of the Prevention of Cruelty to Animals Act,
1960 as it is mandatory before making any rules & regulations under the PCA Act be placed before
Parliament, hence supply me complete information about it with concerned noting sheets, reasons -
exemptions for not placing before Parliament with the legal status of the rules & regulations not
placed before Parliament as per legal provisions but enforced, besides it following information be
provided with concerned noting sheets, approval of the competent Authority Parliament / President
of India:
15. Transport of Animals (Amendment) Rules
16. Prevention of Cruelty (Capture of Animals) Rules
17. Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules
18. Prevention of Cruelty to Animals (Application of Fines) Rules
19. Prevention of Cruelty to Animals (Licensing of Farriers) Rules
20. Prevention of Cruelty to Draught and Pack Animals Rules
21. Animal Welfare Board (Administration) Rules
23. Performing Animals (Registration) Rules, 1973 repealed or in practice.
24. Code of Criminal Procedure 1898 repealed, replaced by CrPC 1973 but section 31 of PCA Act,
1960 still follow procedure 1898 instead CrPC 1973, right or wrong.
Please supply me complete details of all above said Rules including bill Number & date placed
before Lok Sabha & Rajya Sabha for discussion with copies of majority decision of both houses
then ascent of President of India, to enforce as legislation as required under section 38-A of the
PCA Act, 1960.
25. Legal status of all above said Rules, which are not placed before Parliament as per section 38-A
of PCA Act, 1960.
9
DOAHD/R/2019/50228 : AWBIC/R/2019/80044 : AWBIC/A/2019/60024

Public Authority Department of Animal Husbandry, Dairying and Fisheries
AWBI officials do not have documents - evidences & communications related approval of Indian
Parliament as per section 38-A of the Prevention of Cruelty to Animals Act, 1960 as it is mandatory
before making any rules & regulations under the PCA Act be placed before Parliament, hence
supply me complete information about it with concerned noting sheets, reasons - exemptions for not
placing before Parliament with the legal status of the rules & regulations not placed before
Parliament as per legal provisions but enforced, besides it following information be provided with
concerned noting sheets, approval of the competent Authority Parliament / President of India:
Please supply me complete details of above said legislations placed before Lok Sabha & Rajya
Sabha for discussion with majority decision then ascent of President of India, to enforce as
legislation as required under section 38-A of the PCA Act, 1960.
Please confirm Performing Animals (Registration) Rules, 1973 repealed - replaced in 2001.
Please confirm - supply copy of all animal farms of IVRI, NDRI, NBAGR etc under control of the
Indian Council of Agricultural Research (Ministry of Agriculture and Farmers Welfare), duly
registered under Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules.
Legal Status of AWBI Special Meeting, which was held on 30-7-2018 without request of 8 Member.
10
RTI Request Registration number MOLAW/R/2019/50874 : DOAHD/R/2019/80164

Public Authority Department of Legal Affairs
DOAHD/A/2019/60062
AWD passed to AWBI, officials do not have documents - evidences & communications related
approval of Indian Parliament as per section 38-A of the Prevention of Cruelty to Animals Act,
1960 as it is mandatory before making any rules & regulations under the PCA Act be placed before
Parliament, hence supply me complete information about it with concerned noting sheets, reasons -
exemptions for not placing before Parliament with the legal status of the rules & regulations not
placed before Parliament as per legal provisions but enforced, besides it following information be
provided with concerned noting sheets, approval of the competent Authority Parliament / President
of India:
Please supply me complete details of above said legislations placed before Lok Sabha & Rajya
Sabha for discussion with majority decision then ascent of President of India, to enforce as
legislation as required under section 38-A of the PCA Act, 1960.
11
RTI Appeal Registration number PRSEC/A/2019/60164

Public Authority President Secretariat
As per legal provisions under section 38-A of Prevention of Cruelty to Animals Act, 1960: Every
rules, Notification & regulations be placed before both Houses of Parliament, after adopting legal
mechanism legislation may be enforced in India but after 30-7-1982 No rules, Notification &
regulations under PCA Act, 1960 placed before Parliament, making a blunders, hence required
information should be with you being accepting Authority.
I am not satisfied with the reply hence appeal may be consider:
Please supply me complete details of all above said Rules including bill Number & date placed
before Lok Sabha & Rajya Sabha for discussion with copies of majority decision of both houses
then ascent of President of India, to enforce as legislation as required under section 38-A of the
PCA Act, 1960.
25. Legal status of all above said Rules, which are not placed before Parliament as per section 38-A
of PCA Act, 1960.
12
RTI Request Registration number AWBIC/R/2019/50049: AWBIC/A/2019/60020

Public Authority Animal welfare Board of India
Please supply me the following with all communication made & revived with Noting sheets:
1. Complete list with details of all 30 Rules made under section 38 of PCA Act.
2. Complete list with details of all 30 Rules made under section 38 of PCA Act dully approved by
the Parliament as per section 38 A of the PCA Act after 20-7-1982.
3. Complete list with details of all Special Meeting of AWBI since beginning till date along with 8
Members request to do so.
4. Complete details about replacement of AWBI Logo along with approval copy.
5. Complete details about AWBI National Head Quarter at Chennai & now shifting in Haryana
instead Delhi as per Administration Rules, 1962.
RTI Appeal Registration number AWBIC/A/2019/60020

Public Authority Animal welfare Board of India, Chennai
Personal Details of Appellant:-

Request Registration Number AWBIC/R/2019/50049
Request Registration Date 20/08/2019
Noting parts, communications made & received concealed except one letter with two emails,
whereas AWD letter copies - approval also be supplied, hence appeal be consider as section 38
A, approval of Parliament is mandatory to pass any Rules, CPIO failed to supply me complete
list of Rules made under section 38 of PCA Act with Information related to approval of
Parliament.
So PIO be directed to supply complete information, if she do not have then forward to other PIO:
Please supply me the following with all communication made & revived with Noting sheets:
1. Complete list with details of all 30 Rules made under section 38 of PCA Act.
2. Complete list with details of all 30 Rules made under section 38 of PCA Act dully approved
by the Parliament as per section 38 A of the PCA Act after 20-7-1982.
3. Complete list with details of all Special Meeting of AWBI since beginning till date along with
8 Members request to do so.
4. Complete details about replacement of AWBI Logo along with approval copy.
5. Complete details about AWBI National Head Quarter at Chennai & now shifting in Haryana
instead Delhi as per Administration Rules, 1962.
Allow me to inspect all records as per section 19 of RTI Act because without approval of
Parliament, AWBI how compel to others to follow, very bad & unlawful example - illegal
mechanism, invite public interest litigation.
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Details for registration number : DOAHD/E/2019/00429

Name of Complainant Naresh Kadyan
Date of Receipt 20/09/2019
Received by Department of Animal Husbandry, Dairying
Grievance Description:
The Prevention of Cruelty to Animal Act, 1960:
38-A. Rules and regulations to be laid before Parliament. Every rule made by the Central
Government or by the Committee constituted under section 15 and every regulation made by the
Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
regulation as the case may be, or both Houses agree that the rule or regulation, as the case may be,
should not be made, the rule or regulation shall thereafter have effect only in such modified form or
be of no effect, as the case may be so, however, that any such modification or annulment, shall be
without prejudice to the validity of anything previously done under that rule or regulation.
AWBI informed me under RTI Act that they do not have information about the approval of all
rules & regulation made under PCA Act, 1960 then AWBI commuting very serious gross
negligence in supervision, as well fail in its mandate: Immediate attention required & allow me in
person before Minister to expose the black sheep on the system, how camel allowed as performing
animals without transportation rules but Yak display for educational purpose, permission hushed
up even submission affidavit as desired.
AWD replied: The applicant has filed RTI
applications seeking information on the matter. The Department of Animal Husbandry
and Dairying is in the process of collection of information. However, from the available
records it is observed that the MoEF and CC has laid the rules on the table of parliament.
Grievance Status for registration number: DOAHD/E/2019/00357
Grievance concerns to:
Name of Complainant: Naresh Kadyan
Date of Receipt: 20/08/2019
Received by Department of Animal Husbandry, Dairying and Fisheries
Grievance Description:
As per section 38-A of the Prevention of Cruelty to Animals Act, 1960:
Rules and regulations to be laid before Parliament:
Every rule made by the Central Government or by the Committee constituted under section 15 and
every regulation made by the Board shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making
any modification in the rule or regulation as the case may be, or both Houses agree that the rule or
regulation, as the case may be, should not be made, the rule or regulation shall thereafter have
effect only in such modified form or be of no effect, as the case may be so, however, that any such
modification or annulment, shall be without prejudice to the validity of anything previously done
under that rule or regulation.
Whereas after 30-07-1982, section 38-A never been followed by the AWBI - AWB as section 31
never been amended as Code of Criminal Procedure, 1898 (5 of 1898) repealed, replacing by CrPC
1973 onwards 1-4-1974.
Let me explain in person, if illiterate official handled the issue.
14

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1

PRSEC/E/2019/21045; PMOPG/E/2019/0642451; DOAHD/E/2019/00480; DLGLA/E/2019/01333

Before the Committee on Petitions of Council of States (Rajya Sabha)

All Committees on Petitions, State Legislative Assemblies in India

1. Animal Welfare Division

5. Delhi Speaker office advice 14

Naresh Kadyan, Member, IUCN Commission on Education & Communication

1. The Council of States (Rajya Sabha), New Delhi.

The petition of Naresh Kadyan, Member, IUCN Commission on Education &

Being a Fighter by spirit: Activist by mission: Humanitarian by choice: Jat by birth:

It is humbly submitted that:

1. Animal Welfare Board of India constituted as umbrella Organisation to advice and

1. Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998

7. Animal Birth Control (Dogs) Amendment Rules

Petitioner (s) prayers that:

Name of Petitioner Address Signature

Counter-Signature of Member presenting

Advance copy forwarded for information & necessary action to:

1. His Excellency President / Vice President of India.

RTI Request Registration number PRSEC/R/2019/51026 : MOENF/R/2019/90028

DOAHD/R/2019/50228 : AWBIC/R/2019/80044 : AWBIC/A/2019/60024

RTI Request Registration number MOLAW/R/2019/50874 : DOAHD/R/2019/80164

RTI Appeal Registration number PRSEC/A/2019/60164

RTI Request Registration number AWBIC/R/2019/50049: AWBIC/A/2019/60020

RTI Appeal Registration number AWBIC/A/2019/60020

Personal Details of Appellant:-

Details for registration number : DOAHD/E/2019/00429

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