Central Information Commission
Naresh Kadyan vs Animal Welfare Board Of India on 12 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/AWBIC/C/2023/611324 CIC/AWBIC/C/2023/628050
CIC/AWBIC/C/2023/628086 CIC/AWBIC/C/2023/646881
CIC/AWBIC/C/2023/600787 CIC/AWBIC/C/2023/600788
CIC/AWBIC/C/2023/600812 CIC/AWBIC/C/2023/600824
CIC/AWBIC/C/2023/600832 CIC/AWBIC/C/2023/601279
CIC/AWBIC/C/2023/601309 CIC/AWBIC/C/2023/601310
CIC/AWBIC/C/2023/602104 CIC/AWBIC/C/2023/602105
CIC/AWBIC/C/2023/602106 CIC/AWBIC/C/2023/602107
CIC/AWBIC/C/2023/602108 CIC/AWBIC/C/2023/602620
CIC/AWBIC/C/2023/602621 CIC/AWBIC/C/2023/611153
CIC/AWBIC/C/2023/613963 CIC/AWBIC/C/2023/616019
CIC/AWBIC/C/2023/616020 CIC/AWBIC/C/2023/616929
CIC/AWBIC/C/2023/617343 CIC/AWBIC/C/2023/617345
CIC/AWBIC/C/2023/617346 CIC/AWBIC/C/2023/617347
CIC/AWBIC/C/2023/617348 CIC/AWBIC/C/2023/617349
CIC/AWBIC/C/2023/617405 CIC/AWBIC/C/2023/620213
CIC/AWBIC/C/2023/620582 CIC/AWBIC/C/2023/626000
CIC/AWBIC/C/2023/626001 CIC/AWBIC/C/2023/629788
CIC/AWBIC/C/2023/630168 CIC/AWBIC/C/2023/633274
CIC/AWBIC/C/2023/633275 CIC/AWBIC/C/2023/633312
CIC/AWBIC/C/2023/634001 CIC/AWBIC/C/2023/634003
CIC/AWBIC/C/2023/637004 CIC/AWBIC/C/2023/638102
CIC/AWBIC/C/2023/641754 CIC/AWBIC/C/2023/645537
CIC/AWBIC/C/2023/646043 CIC/AWBIC/C/2023/648570
CIC/AWBIC/C/2023/648592 CIC/AWBIC/C/2023/648675
CIC/AWBIC/C/2023/648709 CIC/AWBIC/C/2023/650485
CIC/AWBIC/C/2023/651083 CIC/AWBIC/C/2023/651088
CIC/AWBIC/C/2023/652228 CIC/AWBIC/C/2023/653035
CIC/AWBIC/C/2023/653036 CIC/AWBIC/C/2023/669665
CIC/AWBIC/C/2023/669668 CIC/AWBIC/C/2023/670184
Naresh Kadyan ....िशकायतकता /Complainant
Page 1 of 111
VERSUS
बनाम
PIO,
Animal Welfare Board of
India, NIAW Campus, 42 Mile
Stone, Delhi-Agra Highway,
Ballabhgarh, Haryana - 121004 .... ितवादीगण /Respondent
Date of Hearing : 03.12.2024
Date of Decision : 11.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned complaints are clubbed together as the Complainant
and the Respondent are common and the information sought in these cases
is similar in nature and hence is being disposed of through a common order.
CIC/AWBIC/C/2023/611324
Relevant facts emerging from complaint:
RTI application filed on : 14.12.2022
CPIO replied on : 04.01.2023
First appeal filed on : NIL
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : NIL
Information sought:
The Complainant filed an (online) RTI application dated 14.12.2022 seeking the following information:
"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, being habitual khadi wearers and speaking truth, performing fundamental duties, I Naresh Kadyan, being Master Trainer of AWBI, asked on behalf baby Viyana Berwal, to supply complete details head wise along with concerned file noting, utilisations and impact:
1. Section 8 of PCA Act, 1960:Page 2 of 111
Funds of the Board -
The funds of the Board shall consist of grants made to it from time to time by the Government and of contributions, donations, subscriptions, bequests, gifts and the like made to it by any local authority or by any other person.
2. Complete list of contributions, donations, subscriptions, bequests, gifts and their use with present status.
3. Releasing of recurring grant in aid to AWOs to run and manage shelter and ambulance services, for the animals in distress, since beginning till date.
4. Status of draft on Prevention of Cruelty to Animal (Amendment) Bill, 2022.
5. Present Status of PFA at Ashok Vihar, Delhi with utilization of grant in aid, disbursed 22,50,000/- for shelter and 4,50,000/- for ambulance, similar action on Animal Farm."
The CPIO furnished a point-wise reply to the complainant on 04.01.2023 stating as under:
"Ans. 1: The information sought is not clear.
Ans.2: The information sought regarding the grants, donations received by the Board along with the list of grant-in-aid released to the recognized AWOs is uploaded the Annual Report upto the year 2019-20 which was laid in both the houses of Parliament and the same is available in the website: www.awbi.in. However, the Annual report for the year 2020-21 and 2021-22 will be uploaded in the website: www.awbi.in only after the same is laid before both the houses of Parliament.
Ans.3: The information of the grant-in-aid released under the Scheme of Provision for Construction of Shelter House and Scheme of Ambulance for the Animals in distress is available in the website: www.awbi.in.
Ans.4: The matter regarding replacement of PCA Act, 1960 is under consideration of the Ministry. Hence, the information in this regard Page 3 of 111 maybe sought from the Department of Animal Husbandry and Dairying. Ministry of Fisheries, Animal Husbandry and Dairying directly.
Ans. 5: The information sought is beyond retention period."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/628050 Relevant facts emerging from complaint:
RTI application filed on : 20.03.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.03.2023 seeking the following information:
"The Prevention of Cruelty to Animals Act, 1960:
Section 38A - 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.Page 4 of 111
Keeping in view above said provisions, following Rules were not laid down before Parliament in time, but implemented:
1. S.0.267(E), 26/3/2001 - The Performing Animals (Registration) Rules, 2001.
2. 5.0.268(E), 26/3/2001 - The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
3. S.O.269(E), 26/3/2001 - The Transport of Animals (Amendment) Rules, 2001.
4. S.O.270(E), 26/3/2001 - The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
5. S.O.271(E), 26/3/2001 The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
6. S.O.1256(E), 24/12/2001 - The Animal Birth Control (Dogs) Rules, 2001.
7. S.O.35(E), 8/1/2002 - The Performing Animals (Registration) Amendment Rules, 2001.
8. S.O.732(E), 26/8/1998 - The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.
9. S.0.1074, 15/12/1998 - The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.
10. S.O.134(E), 15/2/2001 - The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.
Whereas, under RTI Act, CPIO and FAA of AWBI, always tendered wrong information, confirming that these all 10 Rules were laid down in time, violating different provisions of IPC, breaching public trust.
Hence, under RTI and Evidence Act, Page 5 of 111
1. Supply point wise confirmation with present status of all 10 Rules, when they are laid down, as per legal provisions, along with all Rules, Regulations and Notifications.
2. Legal status, related to implementation, without laid down and I have lodged many FIRs, against offenders."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/628086 Relevant facts emerging from complaint:
RTI application filed on : 21.03.2023 CPIO replied on : 24.04.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 21.03.2023 seeking the following information:
"Minutes of the 52 nd Annual General Meeting of the Animal Welfare Board of India held on 13.09.2022 at Nagpur, Maharashtra:
General Discussion: Chairman has stated that the Ministry is going to start 5 schemes for animal welfare purposes. The details of the proposed schemes are given below: -
1. Cow & livestock parks
2. Cow hostels (picnic spots / cow tourism)
3. Production of cow-based products and their diversification
4. Training institutes for cow entrepreneurship
5. Waste to wealth to make bring sustainability.
Under section 182 IPC, Kalandra No. 17 on dated 17-3-2023, has been lodged against Mr. Sujit Kumar Dutta, Secretary of AWBI.Page 6 of 111
Pop Kaun TV comedy serial, telecasted 6 episodes, onwards 17-3-2023, using animals and wild animal trophies, including tiger and bear, for commercial purposes, against WCCB Advisory 5 of 2009.
Hence, supply copies of all communications, NoC and permission granted with replies and concerned file notings, present status as well, related to:
1. Complete details, including component wise, amount sanctioned and disbursed, with present status, as above said schemes, 1 to 5.
2. DOAHD-E-2023-0000213, DOPAT-E-2023-0004247, with many complaints lodged against malpractices of Mr. Sujit Kumar Dutta.
3. PRSEC-E-2023-0009994, PMOPG-E-2023-0060480, DOAHD-E-2023- 0000222, DOAHD-E-2023-0000221, DOAHD-E-2022-01014, DOPAT-E- 2023- 0003092, DOAHD-E-2022-00320 and so on.
4. MOEAF-E-2023-0000842 and DOAHD-E-2023-0000224.
5. On the request of Naresh Kadyan, Master Trainer in Animal Welfare, related to display of animals for educational purposes, keeping in view section 27(b) of PCA Act, 1960.
6. Introduction of Camel Transportation as per Delhi High Court compliance, Draft PCA (Amendment) Bill
7. Permission to use NIAW-AWBI, premises to give animal welfare training to 51 persons.
8. Status of NIAW merged with AWBI, as per 52 AGM, permission - NOC for live animals export, from India to outside, including cow and other species, since last 5 years.
9. Rejected proposal by PASC, related to performance of banned Bull - Ox, and other wild animals, action taken by AWBI, keeping in view 5 freedoms for animals."
The CPIO furnished a point-wise reply to the complainant on 24.04.2023 stating as under:
"Ans. 1: The Ministry has not yet forwarded the approval of the proposed Schemes as mentioned.Page 7 of 111
Hence, no budget has been allotted or sanctioned or disbursed by the Board.
Ans. 2 to 4. The information sought is available in the public domain.
Ans.5: No information is sought in this question.
Ans 6. The matter is under consideration of the Ministry.
Ans.7 & 9: The information sought is not clear. Applicant to provide period and exact information sought.
Ans.8. The matter is not dealt by AWBI and is dealt by the Ministry of DGFT."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/646881 Relevant facts emerging from complaint:
RTI application filed on : 01.05.2023 CPIO replied on : 09.06.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 01.05.2023 seeking the following information:
"National Commission for Indian System of Medicine Act, 2020, Medical Assessment and Rating Board for Indian System of Medicine (MARBISM), Board of Ethics and Registration for Indian System of Medicine (BERISM), Board of Ayurveda (BoA) and Board of Unani, Siddha and Sowa-Rigpa (BUSS), Please confirm point wise, that:Page 8 of 111
1. No sufficient research, No doubt Gau Milk, Ghee, Curd can be consumed as diet but cow veal beef, Dung and Urine, impossible to consume as medicine, there are NO specific research, dung may be a fertilizer and urine as pesticides for agriculture cultivation purpose, instead eat and drink, being discharge of animal body.
2. Beef (Flesh of cow - veal) has not any property as medicinal values, confirmed and supply research approved.
3. No Advisory for Educational purpose, under section 9(k) of Prevention of Cruelty to Animals Act, 1960, on panchgavya with other devotional property.
4. No Regulations, under section 10 of Prevention of Cruelty to Animals Act, 1960, on panchgavya, and cow properties and values, in Hindu religion.
5. AWBI confirmed, vide No. 3-4/2021-22/PCA, on dated 6-2-2023, that:
We all know that cow is the backbone of Indian culture and rural economy, sustains our life, represent cattle wealth and biodiversity. It is known as Kamdhenu and Gaumata because of its nourishing nature like mother, the giver of all providing riches to humanity.
Vedic traditions are almost on the verge of extinction due to the progress of west culture over time. The dazzle western civilisation has made our physical culture and heritage almost forgotten.
In view of the immense benefits of cow, hugging with cow will bring emotional richness hence will increase our individual and collective happiness. Therefore, all the cow lovers may also celebrate the February 14 as cow hug day keeping in mind the importance of mother cow and make life happy and full of positive energy.
This issues with the approval of competent authority and on the direction of Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying.
Hence, supply all copies, complete list of evidences as claimed by AWBI, glorifying cow, dung and urine, fit to consume as medicine by humans, along with action taken report on points raised.
Page 9 of 111Further supply the medicinal property of cow beef and veal, as claimed by
1. Haryana Gauvansh Sanrakkshan and Gausamvardhan Act, 2015.
2. U.P. Prevention of Cow Slaughter Act, 1955.
3. Punjab prohibition of Cow Slaughter Act, 1955.
4. Himachal Pradesh Prohibition of Cow Slaughter Act, 1979.
Further supply:
1. Curriculum on cow beef, dung and urine, being medicinal properties, approved under which course and degree with post examination.
2. Introduce Panchgavya Act, complete list of items and establishments, granted permission, to prepare, stock, publicity and sale, cow urine as medicine with their audit balance sheets."
The CPIO furnished a reply to the complainant on 09.06.2023 stating as under:
"With reference to the above cited subject, it is stated that the information sought was already provided in RTI No. AWBIC/R/E/23/00051 dated 10.04.2023 on 18.04.2023 through RTI MIS portal."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/600787 Relevant facts emerging from complaint:
RTI application filed on : 28.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Page 10 of 111 Information sought:
The Complainant filed an (online) RTI application dated 28.10.2022 seeking the following information:
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Dhankar, founders of PFA Haryana, with their moral support, for a cause, performing fundamental duties.
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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, asked AWBI with Central Government, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status.
Under section 76 of the Indian Evidence Act, read with RTI Act, Supply complete information via email, explaining:
1. Article 51 A, defined fundamental duties of every citizen of India, a to k empowered me to serve as duty bound, if anyone violated these fundamental duties then how to handle them, compel them to do their constitutional duties.
2. IPC 47, and section 2 of the PCA Act, 1960, claiming animal is a living creature, likewise Supreme Court appreciate 5 freedoms for animals, including Right to Life, whereas rest of Legislations claims that Goods including animals, how it can be possible, supply all documents and AWBI efforts, protecting animals 5 freedoms.
3. I am running two registered charitable trust, for animal rights and their welfare, confirm whether these 2 Trust needs to be affiliated with AWBI, or recognition from AWBI is mandatory, compulsory or not, confirm and clear my doubt.
4. Without affiliation and recognition from AWBI, any AWOs can serve animals, as PETA India, FIAPO, HIS India, OIPA: Indian People for Animals and Scouts and Guides for Animals and Birds, WTI, WSPI etc., are Page 11 of 111 working in India, even registered under FCRA, confirming that AWBI tag is not necessary, explain.
5. Status of AWOs registered under Societies Registration Act, 1860 but it is repealed with Haryana Registration and Regulation of Societies Act, 2012 and onwards, then how and why AWBI claims that AWOs registered under repealed Act, not renewed after 2012, supply complete list of AWOs not renewed their registration and they may granted by AWBI.
6. Section 3 of PCA Act, 1960, without any punishments, clarifying the responsibilities of a custodians of animals, this is toothless and not effective, supply complete details about replacement of PCA Act, 1960."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/600788 Relevant facts emerging from complaint:
RTI application filed on : 01.09.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 01.09.2022 seeking the following information:
"Supply complete demand of meat, pork, fish, sea foods, cow veal, cow beef, area wise and source of supply with consumption.
7. Surplus animals and birds, census in India, offered to slaughtered, for local consumption and export."Page 12 of 111
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/600812 Relevant facts emerging from complaint:
RTI application filed on : 20.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.10.2022 seeking the following information:
"As per section 74 and 76 of Indian Evidence Act, read with RTI Act: Supply complete details, and all communications and compliances with concerned file notings, and present status, related to:
1. Complete list of Stray animals with their species and census, within Indian Territory.
2. Complete list of Abandoned and unclaimed animals with their species and census, within Indian Territory.
3. Complete list of disabled animals with their species and census, within Indian Territory.
4. Complete list of bonafide owners of all stray, abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.
5. Complete list of bonafide owners, within state and District wise, of all stray, abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.Page 13 of 111
6. Action taken by AWBI, related to all stray, abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.
7. Complete list of five freedoms of all stray, abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.
8. Complete list and details, related to the policies and their impact, on the all stray, abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.
9. Describe role and authority of AWBI, related all stray, and abandoned, unclaimed and disabled animals with their species and census, within Indian Territory.
10. Complete details, head wise and list of recurring grant in aid, under the scheme, operated by the AWBI, under consideration, sanctioned and released, with surety details.
11. Present status of utilisation of grant in aid, released by AWBI.
12. Complete details, list and present status of FIR lodged by AWBI, against financed AWOs and surety, in case all schemes, handled by AWBI.
13. Complete list and details about refinance scheme, under AWBI, to all AWOS.
14. Complete list and details of amount deposited under ambulance scheme, after declaring condemns."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/600824 Relevant facts emerging from complaint:
RTI application filed on : 21.10.2022
CPIO replied on : Not on record
Page 14 of 111
First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 21.10.2022 seeking the following information:
"Under section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain, under 76 of Indian Evidence Act, read with RTI, Act, 2005, supply complete details with present status:
1. Supply point wise compliance with evidences - proof and concerned file notings, related to directions 1 to 12, confirming the steps taken, related to orders passed in SLP (C) No.11686 of 2007.
2. Complete list on impleaders co-petitioners in SLP (C) No.11686 of 2007 with AWBI.
3. STOP discrimination and contradictions, keeping in view Right to Life, as per verdict of SLP (C) No.11686 of 2007, keeping in view freedoms for animals, then why animals are being slaughtered as food, for human consumption. Action taken report may be sent, restoring 5 freedoms, complete ban on slaughtering, recalling Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 and 2010.
4. Action taken on DOAHD/E/2022/00881.
5. Action taken on Madras High Court orders in W.P.Nos. 13748, 13749 of 2015, 2565 and 4250 of 2021 W.P.No.13748 of 2015. Present Status AWBI stand, on Prevention of Cruelty to Animals (Regulation of Livestock markets) Rules, 2017, AWBI concealed facts.
6. Present status on Draft Prevention of Cruelty to Animals in Animal Markets Rules, 2018.
Baby Viyana Berwal, via her grandpa Naresh Kadyan"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Page 15 of 111Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/600832 Relevant facts emerging from complaint:
RTI application filed on : 21.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 21.10.2022 seeking the following information:
"Neither uploaded online, nor email, as desired: 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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, It is humbly submitted that:
1. I am senior citizen of India, performing my fundamental duties, without gain and profit, only to safeguard flora and fauna, in the interest of public at large.
2. 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.
Under 74 and 76 of Indian Evidence Act, read with RTI Act: Supply complete details, guidelines, SOP, circulars, advisories, prototype of vehicles, related to:
1. Camel transportation van.
2. SOP about camel and elephant transportation, on foot, by road- air and sea.Page 16 of 111
3. Leg tied of a camel, is a humane way, never violate 5 freedoms of animals, confirm.
4. Copy of exemption to BSF camel, to shift without pre transport permit, as required under 96 of Transport Rule, or Central Motor Vehicle Act and Rules.
5. Camel is a cattle, confirm.
6. As per their shape and size, camel transportation rules, be supplied.
7. SOP FOR TRANSPORTATION OF ANIMALS OF CAPFs, NSG AND ASSAM RIFLES, as attached but for CAMEL of BSF, and Elephant shifting by road-
air and sea, on foot as well, explain and describe with advices.
8. As claimed, at MORTH/E/2022/15887, copies of letter dated 29.04.2022, 09.05.2022, 06.06.2022, 07.07.2022 and 10.08.2022 relates to same issue of transportation of animals in vehicles.
9. Action taken on MORTH/E/2022/16159: DOAHD/E/2022/00880.
10. Natural habitat for camel, yak, elephant.
11. Exemption under Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 2015, to shift Camels to Delhi, unnatural habitat.
12. Complete list of AWBI, agendas with minutes, related to camel transportation with present status."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/601279 Relevant facts emerging from complaint:
RTI application filed on : 24.10.2022
CPIO replied on : Not on record
Page 17 of 111
First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 24.10.2022 seeking the following information:
"PAPERS LAID ON THE TABLETHE PREVENTION OF CRUELTY TO ANIMALS (ELECTION OF MEMBERS TO ANIMAL WELFARE BOARD) RULES, 1961 THE MINISTER OF FOOD AND AGRICULTURE (SHRI S. K. PATIL):
Sir, I beg to lay on the Table, under sub-section (4) of section. 38 of the Prevention of Cruelty to Animals Act, 1960, a copy of the Ministry of Food and Agriculture (Department of Agriculture), Notification S. O. No. 3015, dated the 18th December, 1961, publishing the Prevention of Cruelty to Animals (Election of Members to Animal Welfare Board) Rules, 1961.
Placed in Library. See No. LT-3475/62.
Update the record and upload on the website, as per section 74 of Indian Evidence Act, read with section 4 of RTI Act, 2005, appreciating the tireless services of Abhishek Kadyan with Smt. Suman Malik and Smt. Sukanya Berwal, I place it on record, that this matter was exposed by them, while looking after, any way I thanks them, my great visionary my parents as well.
Under section 76 of Indian Evidence Act, read with RTI, supply complete details about implementation of Prevention of Cruelty to Animals (Election of Members to Animal Welfare Board) Rules, 1961, and under which direction, these two subordinate Rules,
1. Prevention of Cruelty to Animals (Election of Members to Animal Welfare Board) Rules, 1961 and
2. Prevention of Cruelty to Animals, (Licensing of Farriers) Amendment Rules, 1966 with the
3. Prevention of Cruelty to Animals (Amendment) Act, 1982, were not uploaded as public documents, in public domain, besides all three legislations were tabled, as attached, even after passing Court orders.Page 18 of 111
4. Tainted and responsible public servants, not doing so, as stated above, supply detailed action taken report, holding accountable.
5. Chairman, Secretary and Assistant Secretary of AWBI, are public servants, drawing pay and perks, from the public funds, duty bound to perform and deliver, but committed contempt of court, fix them accountable, for gross negligence in overall supervision, supply all concerned documents.
6. Action taken report on DOAHD/E/2022/00888 and DOAHD/E/2022/00887."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/601309 Relevant facts emerging from complaint:
RTI application filed on : 24.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 24.10.2022 seeking the following information:
"As per section 74 and 76 of Indian Evidence Act, read with RTI Act, supply complete details about with present status of the establishment and list of office bearers, along with position of Utilizations head wise, status of ambulance as well: Ambulance services for animals in distress -
Question No. 77, by. DR. ARUN KUMAR SARMA:
Will the PRIME MINISTER be pleased to state-Page 19 of 111
(a) Whether Government have introduced a scheme for provision of ambulance services to animals in distress.
(b) if so, the details thereof and
(c) the State-wise number of ambulances sanctioned and provided during the last three years indicating the agency to which those were provided?
THE MINISTER OF ENVIRONMENT AND FORESTS (SHRI T. R. BAALU):
(a) and (b) Yes Sir.
The basic objective of the Scheme is to make available emergency ambulance services to animals in distress throughout the country by provision of appropriate assistance to competent governmental and non- governmental organisations working in the field. Under the scheme 90% of the cost is borne by the Central Government up to a maximum of Rs. 3.50 lakhs.
(c) The details, showing the State-wise number of ambulances sanctioned and provided during the last three years indicating the agency to which those were provided, are given in the Statement.
Total 133, funds for Ambulances were given, against surety, including 2 of PFA Rohtak, against my surety, whereas Animal Farm, was run and managed by Ms. Anuradha Sawheny, CEO of PETA India, was granted many projects, Ambulance and shelter for animals in distress, misutilised all funds, without depositing funds with interest to AWBI, with criminal conspiracy and silent consent, besides PFA Ashok Vihar, was dummy of Maneka, conflict of Interest, and Manav Gau Sadan, were discontinue project, breaching public trust, hence supply complete details about all 133 ambulances with present status and list of Registration Nos, list of sureties, list of AWOs office bearers with present status.
Similar information be given as per list attached, all 133 ambulances."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/601310 Page 20 of 111 Relevant facts emerging from complaint:
RTI application filed on : 24.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 24.10.2022 seeking the following information:
"As per section 74 and 76 of Indian Evidence Act, read with RTI Act, supply complete details about with present status of the establishment and list of office bearers, along with position of Utilizations head wise:
14 March, 2002: RAJYA SABHA: Assistance to NGOs working for the welfare of animals.
Question No. 1317, asked by SHRI SWARAJ KAUSHAL:
Will the Minister of STATISTICS AND PROGRAMME IMPLEMENTATION be pleased to state:
(a) Whether Government are giving financial aid and assistance to NGOs working for the welfare of animals and
(b) if so, the names of the NGOs and the amount of assistance?
THE MINISTER OF STATE OF THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION (SHRIMATI MANEKA GANDHI):
(a) Yes, sir. The Animal Welfare Division gives financial assistance to NGOs for carrying out animal welfare activities under four schemes viz.
Scheme for provision of Shelter House for animals:
Scheme for provision of Ambulance Service for animal in distress.
Scheme for Birth Control and Immunization of Stray dogs.
Scheme for Relief to Animals during Natural Calamities and Unforeseen Circumstances.Page 21 of 111
(c) Scheme-wise lists showing the names of NGOs along with the amount of financial assistance rendered to them during the current financial year till date are enclosed as statement- to IV:
1. Ruth Cowell Foundation (Sanjay Gandhi Animal Care Centre), New Delhi, was granted 2,47,500/-
2. Friendicoes-SECA, New Delhi was granted 5,44,000/-
3. Sanjay Gandhi Animal Care, Raja Garden, New Delhi, was granted 4,08,000/-
4. Circle of Animal Lovers, New Delhi, was granted 11,25,000/-
5. PFA, Ashok Vihar, New Delhi, was granted 11,25,000/-
6. PFA, Sadhrana, Gurgaon (Animal Hospital), was granted 9,33,750/-
7. PFA, Ashok Vihar, was granted again 11,25,000/-
8. Wildlife Trust of India, New Delhi, was granted 10,68,750/-
9. Wildlife S.O.S. (R), New Delhi, was granted 4,50,000/-
Complete details about head wise funds disbursed, structure created with UC and present status of AWOs and list of office bearers. Similar action on the list attached, seems to be conflict of interest and criminal conspiracy, discrimination, contradictions and double standards."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602104 Relevant facts emerging from complaint:
RTI application filed on : 28.10.2022
CPIO replied on : Not on record
Page 22 of 111
First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 28.10.2022 seeking the following information:
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Dhankar, founders of PFA Haryana, with their moral support, for a cause, performing fundamental duties.
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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, asked AWBI with Central Government, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status, along with under section 76 of the Indian Evidence Act, read with RTI Act, Supply complete list, with present status, keeping in view, to upload at India Code, as per Court orders, since last 5 years, related to:
1. Complete list of all Committees and sub-committees under AWBI, along with list of members with their contributions towards animal rights and their welfare.
2. Complete list of public servants, within the meaning of section 21 of IPC, nominated in all above said AWBI Committees and sub-committees.
3. Complete list of all agenda with their minutes and action taken reports, with concerned file notings and communications.
4. Head wise and meeting wise expenditures, including TA/DA and others benefits.
5. Impact of the all exercises, towards animal rights and their welfare.Page 23 of 111
6. Criteria and eligibility to get berth in these Committees and sub- committees under AWBI.
7. Copies of departmental permission, and consent of all public servants, to hold berth.
8. Complete details and list of public servants, maintaining their head quarter at Faridabad."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602105 Relevant facts emerging from complaint:
RTI application filed on : 28.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 28.10.2022 seeking the following information:
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Kadyan, founders of PFA Haryana, with their moral support, for a cause, performing fundamental duties. 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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, asked AWBI, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status.Page 24 of 111
1. Supply complete list of AWBI award holders, with their activities and achievements, all communications with file notings and recommendations, with present status, since beginning till date.
2. Supply complete list of point wise advisories and recommendations to the Government, as per section 9 of PCA Act, 1960.
3. Supply complete list of Regulations, as per section 10 of PCA Act, 1960.
4. Animals have right to life with five freedoms, then under which circumstances and reports, animals are being slaughtered for food, as diet, supply all communications and relaxations, as per Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of 2007.
5. Compendium has been prepared by AWBI, keeping in view, orders passed by Supreme Court of India, in CWP No. 309 of 2003, supply the printed copy as book, as Gujarat published, with all copies of strict compliances and efforts of AWBI.
6. Action taken of all complaints lodged on PG Portal, related to animals as goods and restoration of 5 freedoms for animals, including DOAHD/E/2022/00902 and 3.
7. Present status and copies of proposal, related to replacement of PCA Act, 1960.
8. Supply all head wise recoveries with proof and action taken report, related to special meetings of AWBI, as complaints has already been lodged.
9. Copies of all communications and efforts made, including rules and regulations, related to Indigenous cow progeny, as special rules were made to the dogs, special budget provisions, STOP this discriminations among dogs with cow and others animal."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602106 Page 25 of 111 Relevant facts emerging from complaint:
RTI application filed on : 29.10.2022 CPIO replied on : Not on record First appeal filed on : NIL First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 29.10.2022 seeking the following information:
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Dhankar, founders of PFA Haryana, with their moral support, for a cause, performing fundamental duties.
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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, along with her mother Smt. Sukanya Berwal, asked AWBI with Central Government, via Naresh Kadyan, Master Trainer, AWBI, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status.
Under section 76 of the Indian Evidence Act, read with RTI Act, Supply complete information via email, explaining:
1. Explain under which legal mechanism, violation against PCA Act, 1960 is punishable, keeping in view, Code of Criminal Procedure, 1898 (5 of 1898), which is not existed being repealed.
2. Female term SHE, may be exempted as HE is proposed to be punish, why gender discrimination, supply under which authority, when HE and SHE have equal status and rights.
3. Define cognizable terms.
4. Difference between cognizable and non-cognizable.Page 26 of 111
5. Cognizability of offences: Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under clause (1), clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that Code, whereas Code of Criminal Procedure, 1898 (5 of 1898) is repealed.
6. Define Non-cognizable offense.
7. Responsibility of a custodian of an animal, under section 3, has no punishment.
8. Action taken on DOAHD/E/2022/00909 and GOVGJ/E/2022/24461.
9. Section wise punishments, keeping in view, repealed mechanism Code of Criminal Procedure, 1898 (5 of 1898).
Complete Application as attached."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602107 Relevant facts emerging from complaint:
RTI application filed on : 28.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 28.10.2022 seeking the following information:Page 27 of 111
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Kadyan, founders of PFA Haryana, with their moral support, for a cause, Performing fundamental duties.
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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, asked AWBI with Central Government, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status, along with under section 76 of the Indian Evidence Act, read with RTI Act, supply complete list, with present status, keeping in view, to upload at India Code, as per Court orders, since beginning till date, related to:
1. As per section 38 of Prevention of Cruelty to Animals Act, 1960: Power to make rules to carry out the purposes of this Act, complete details and impact of the sub legislations, made out, to serve purpose of Act.
2. Powers to make regulations, as per section 10 of the Prevention of Cruelty to Animals Act, 1960, for carrying out its functions, defined under section 9 of PCA Act, 1960. Complete details and impact of the Regulations, if made out, for carrying out its functions with complete details of functions under this Act.
3. Action taken of DOAHD/E/2022/00894. Memo on behalf Baby Viyana Berwal.
4. Annual progress report of AWBI, along with audit balance sheet, since last 5 years.
5. Action taken with complete details, as grievances transferred by the Wildlife wing of MoEAD to AWBI.
Send me information as required via email."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Page 28 of 111Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602108 Relevant facts emerging from complaint:
RTI application filed on : 29.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 29.10.2022 seeking the following information:
"Blessings of great visionary, Late Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Dhankar, founders of PFA Haryana, with their moral support, for a cause, performing fundamental duties.
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: Humanitarian by choice, Gandhian by vision and action, being habitual khadi wearers and scout warrior, speaking truth as passion, performing fundamental duties, on behalf Baby Viyana Berwal, and her mother Smt. Sukanya Berwal, asked AWBI with Central Government, as per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, since beginning till date, with present status, along with under section 76 of the Indian Evidence Act, read with RTI Act, Supply complete list, with present status, keeping in view, to upload at India Code, as per Court orders, since last 5 years, related to:
1. Complete list of all Committees and sub-committees under AWBI, along with list of members with their contributions towards animal rights and their welfare, in case Committee for control and supervision of experiments on animals.
2. Complete list of public servants, within the meaning of section 21 of IPC, nominated in all above said AWBI Committees and sub-committees, Page 29 of 111 in case of Committee for control and supervision of experiments on animals.
3. Complete list of all agenda with their minutes and action taken reports, with concerned file notings and communications.
4. Head wise and meeting wise expenditures, including TA/DA and others benefits.
5. Impact of the all exercises, towards animal rights and their welfare.
6. Criteria and eligibility to get berth in these Committees and sub- committees under AWBI, related to Committee for control and supervision of experiments on animals.
7. Copies of departmental permission, and consent of all public servants, to hold berth.
8. Complete details, related Chapter IV of PCA Act, 1960, along with the punishments, for the violation and point wise strict compliance of a committees, constituted under chapter IV."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602620 Relevant facts emerging from complaint:
RTI application filed on : 31.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 31.10.2022 seeking the following information:Page 30 of 111
"Revival of 120 De-recognised AWOs: Community Policing as Scouting:
Memorandum on behalf of Baby Viyana Berwal daughter of Smt. Sukanya Berwal:
As per section 74 of the Indian Evidence Act, read with section 4 of RTI Act, all public documents shall be in public domain, whereas, AWBI grants recognition to the newly started Animal Welfare Organisations (AWOs), for this purpose, the Board has framed certain guidelines according to which the AWO has to submit the registration certificate under the Societies Registration Act or Trust Act, Audited Statement of Accounts and Annual Reports for the last three years, two copies of Memorandum of Association / Bye-laws and Animal Welfare Activities Report. The AWO has to agree to nominate a representative of the AWBI on its Managing / Executive Committee and also for regular inspection of its functioning. The new organizations are inspected by Board Members / authorized Inspection Agencies and if the inspection report is satisfactory, then they are considered for grant of recognition.
AWBI totally collapse, false framing on bogus grounds, needs immediate attention, recalling Inspection on all 120 de-recognised AWOs, at once for revival, in the interest of animal kingdom. Naresh Kadyan, had been Nodal Inspecting Authority for AWD and Inspecting Authority for AWBI, I have spent whole life since childhood via young age till today at 61, I do not agree with recommendations of Inspecting agencies, they may have vested interest to shut down, besides their efforts for revival, because animal welfare is time consuming, thankless job, without any personal gain and profit, but it seems to became business, tool for pride and politics with gain and profit. As per scheme, Non-recurring grant in aid portion is being provided with own margin, without recurring head, whereas AWBI never deputed nominated any person, on their behalf in the management of recognised AWOs, to guide and help them, in the interest of animals, besides so called heavy weight animal rights activists, enjoying berth in the Parliament, without contribution as private bill.
Animals are still treated as goods, as no safe mechanism as special vehicles to carry them with respect, restoring their 5 freedoms.
So AWBI should prepare a detailed report, on the ground as stated above and try to revive 120 AWOS.
Page 31 of 111Supply complete details with list of objections, related 120 De-recognised AWOs and work done by all Inspecting Authorities, supply copies of authority, given by AWBI, to Inspect, with action taken on DOAHD/E/2022/00918."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/602621 Relevant facts emerging from complaint:
RTI application filed on : 30.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 30.10.2022 seeking the following information:
"1. Under 76 of Indian Evidence Act and RTI, via email supply complete list, of persons authorised by AWBI, to the management committee of all recognised 3700 AWOs, along with last 5 years audit balance sheets of all recognised AWOs of AWBI, along with strict compliance of recognition guidelines of AWBI.
2. AWBI de-recognition list, at serial No. 39, Recognition No. HR097 of 2001, granted to Shri Gopal Krishna Gaushala, Gurukul, Kurukeshtra, was inspected by Dr. Brahmachari, as on 29/3/08, and found all milking cows, same was the reason of de-recognition, which proved discrimination, double standards and contradiction with bad intention. Supply complete details along with mechanism, appointing such inspection and reports, action taken along with AWBI decisions, related to the above said report, because all milking cows was base, which mishandled as adverse.
3. Panchgavya has no medicinal values, AWBI never issued educational advisories related to it, but it consumed as medicine by the public, which Page 32 of 111 is a harmful, threat to public life, with silent consent of AWBI, supply complete details about it, action taken by AWBI.
4. Panchgavya is not regularised by the AWBI, as bye products of Cow progeny, but it has a big market, tax exempted by the Government, supply complete details about.
5. AWBI mechanism related to ban on use of Panchgavya as medicine, may be supplied.
6. Complete details of action taken against all 120 de-recognised AWOs, along with all copies of de-recognition certificates, and complete list for grant in aid disbursed with position and status of utilisation."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/611153 Relevant facts emerging from complaint:
RTI application filed on : 14.12.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 14.12.2022 seeking the following information:
"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, being habitual khadi wearers and speaking truth, performing fundamental duties, I Naresh Kadyan, being Master Trainer of AWBI, asked on behalf baby Viyana Berwal, to supply complete details head wise along with concerned file noting, utilisations and impact:Page 33 of 111
1. Releasing of recurring grant in aid to AWOs to run and manage shelter and ambulance services, for the animals in distress, since beginning till date.
2. Present status of 133 ambulances as claimed in Rajya Sabha, along with recovery of condemns vehicles and pending, supply complete list, and amount received by the Department.
3. Action taken on the replied in Rajya Sabha, as attached.
4. Status of 2 ambulances of PFA Haryana, along with action taken on proposal submitted.
Mobile App: Scouts & Guides for Animals & Birds www.scoutingindia.in"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/613963 Relevant facts emerging from complaint:
RTI application filed on : 31.12.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 31.12.2022 seeking the following information:
"Community Policing as scouting for animals, restoring their 5 freedoms:
Providing Ambulances purchased from the funds of National Rabies Control Programme:Page 34 of 111
The Board had received funds under National Rabies Control programme from the Ministry of Health and Family Welfare, New Delhi for Animal Component and especially for the sterilisation and immunization of stray dogs in the State of Haryana as a Pilot Project. The four animal ambulances were purchased for catching and releasing the stray dogs caught for sterilization and vaccination under this programme. The four vehicles purchased during the said programme has been given to four animal welfare organizations for carrying out the animal welfare programme.
As per section 74 of the Indian Evidence Act, all public documents, be uploaded in public domain. As per section 76 of Indian Evidence Act, read with RTI Act, provide copies of file notings, policy decision, cabinet notes, guidelines, circulars, including:
1. Supply complete list and head wise details of disbursement, beneficiaries including AWOs - DSPCAs and State AWBS, NIAW and AWBI.
2. Status of NIAW, with head component wise budget allocations, disbursement and utilization with copies of expenditure statement and bills concerned.
3. NIAW and AWBI, both are independent or one establishment, supply complete details with a complete list of persons trained by NIAW and AWBI with CPCSEA, since beginning till date, separately with their contacts and present status, impact of training for a cause.
4. Supply complete details and list copies of all surety, submitted and accepted, against head - scheme wise, since beginning till date.
5. Supply complete details and list of vehicle condemns and head wise amount deposited back to the Government.
6. Complete details and head wise list of funds disbursed to the PFA, bearing AWBI Recognition No. bearing recognition ND031 of 2002, along with the copies of surety bond, proof of land and building, ambulance purchased with registration and present status of AWO, because this AWO is disappearing, misuse of funds disbursed and ambulance is sold out, without returning amount back, embezzled public funds with criminal conspiracy. Likewise, same be supplied in case of Animal Farm, PFA Sadhrana, Sanjay Gandhi Animal Care Centre and Ruth Cowell Page 35 of 111 Foundation, complete details related to efforts made for recovery, criminal proceedings with present status etc."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/616019 Relevant facts emerging from complaint:
RTI application filed on : 12.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 12.01.2023 seeking the following information:
"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, being habitual khadi wearers and speaking truth, performing fundamental duties, Master Trainer of AWBI, under 74 and 76 of Indian Evidence Act, read with RTI Act: confirm the repealed following Rules:
Proper implementation of Prevention of Cruelty to Animals (Regulation of Live stock Market) Rule, 2017 (Hindi) Proper implementation of Prevention of Cruelty to Animals (Regulation of Live stock Market) Rule, 2017.
Then tell me the reason, uploading on official website and discrimination, contradiction with Rules uploaded on India Code.Page 36 of 111
Supply all relevant communications with file notings and present status of all bills with rules, under consideration, at the level of AWBI and Administrative Ministry, including compliance of Delhi High Court orders, related to camel transportation. Supply complete list and email received.
CPIO is directed being public servant, to upload the reply online and email with speed post, for strict compliance."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/616020 Relevant facts emerging from complaint:
RTI application filed on : 12.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 12.01.2023 seeking the following information:
"SCHEME FOR PROVISION OF SHELTER HOUSES FOR LOOOKING AFTER THE ANIMALS:
Scope There are almost one billion animals in our country roaming around freely in the streets and everywhere. A number of them are not cared enough and are left either wounded or suffering from various diseases. Though we have shelter houses operating at various places their number is not adequate and the facilities provided are insufficient. In such a situation it becomes imperative that shelter houses are established and made available at least one in a district with all the facilities like health care, stall feed etc. The scheme will endeavour to till this gap and provide requisite services to uncared for animals.Page 37 of 111
Objectives of the Scheme:
Making provision for establishment and maintenance of shelter houses in all the districts of the country for care and protection of the animals. Components of the Scheme:
i) Construction of Shelter Houses in each district.
ii) Construction of small health care center for each shelter house.
iii) Construction of water troughs.
iv) Purchase of medical equipments
v) Purchase of medicines Contents of the Proposal:
The proposal for grant-in-aid should be submitted giving in detail the following:
i) The statement of the problem which the project seeks to tackle.
ii) The objective of the project
iii) The geographical area that will be covered.
iii) The services that will be delivered, both institutional and non-
institutional and the charges.
iv) The cost estimates (separately item wise), non-recurring items.
Supply complete list and details, head wise release of grant in aid along with status of utilisation with present status of AWOs, copies of FIR lodged, cancellation of project, recovery proceedings and communication, steps to assist AWOs for smooth functioning, performing fundamental duties, as per list attached."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Page 38 of 111CIC/AWBIC/C/2023/616929 Relevant facts emerging from complaint:
RTI application filed on : 16.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 31.10.2022 seeking the following information:
"Community Policing as scouting against malpractice in AWBI: Animal Welfare Board (Executive Committee) Regulation, 1964 was introduced, as claimed by the CPIO FAA, online uploaded reply, but they never reply supply copies of Animal Welfare Board (Executive Committee) Regulation, 1964, whereas, being a public document, as per section 74 of Indian Evidence Act, read with section 4 of RTI Act and orders passed by Delhi High Court, conveyed by the Cabinet Secretary, to all concerned. As per official website of India Code, AWBI and Department of Animal Husbandry, Animal Welfare Board (Executive Committee) Regulation, 1964, neither uploaded in public domain nor laid down before Parliament, hence all public servants, top to bottom, are directed to upload Animal Welfare Board (Executive Committee) Regulation, 1964, without any further delay, exposing black sheep of the system, breaking criminal syndicate, restoring public trust. Animal and goods are two distinct categories of things. Animals are living organisms that belong to the animal kingdom, while goods are items that are produced or manufactured for sale or trade. Animals have the ability to move and sense their environment, while goods are typically inanimate objects that are created for a specific purpose.
Supply complete list, details, action taken reports, and all communications, related to:
1. DOAHD/E/2023/0000025, along with all concerned PG Portal DOAHD/E/2023/0000028:AYUSH/E/2023/0000025:GOVGJ/E/2023/0001 002: DOCOM/E/2023/0000098: DHLTH/E/2023/0000601.Page 39 of 111
2. Copies of Animal Welfare Board (Executive Committee) Regulation, 1964, along with the copies of RTI replies, related to it, along with proof of dispatch, either speed post and email."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617343 Relevant facts emerging from complaint:
RTI application filed on : 20.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.01.2023 seeking the following information:
"Under section 74 of the Indian Evidence Act, and section 4 of RTI Act: DOAHD/E/2022/00652- AWBI failed to perform and deliver, besides wrong information supplied, as desired, violated IPC and breaching public trust.
No.14-21/76-LD.I, 15/2/1978 - The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978: No fine received by AWBI, since beginning till today, May I lodge complaint ?
Reply: The AWBI has received the fines.
Supply head - month year wise, complete details and list of fine received by AWBI, as claimed.
Supply concerned copies of audited balance sheet of AWBI, along with Annual Progress Report, which was placed before Parliament.
Upload online this information, being public documents.Page 40 of 111
If said Rules is not effective or impact not up to the mark, as per mandate of AWBI, then supply efforts made by AWBI, either to implement or repeal."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617345 Relevant facts emerging from complaint:
RTI application filed on : 20.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.01.2023 seeking the following information:
"As per website of AWBI, these Rules are uploaded in public domain: The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965 The Performing Animals Rules, 1973 The Transport of Animals Rules, 1978 The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978 The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978 The Prevention of Cruelty (Capture of Animals) Rules, 1979 Performing Animals (Registration) Rules, 2001 Performing Animals (Registration) Amendment Rules, 2002 Ban on Exhibition/Training of Five Performing Animals notified in 1998 Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001 Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001 Animal Birth Control (Dogs) Rules, 2001 Page 41 of 111 Transport of Animals (Amendment) Rules, 2001 Transport of Animals (Amendment) Rules, 2009 Prevention of Cruelty to Animals (Slaughter House) Rules, 2010 Animal Birth Control (Dogs) Amendment Rules, 2010 The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 The Prevention of Cruelty to Animals (Dog Breeding and Marketing Rules) Rules, 2017 Proper implementation of Prevention of Cruelty to Animals (Regulation of Live stock Market) Rule, 2017 The Prevention of Cruelty to Animals (Pet Shop Rules) Rules, 2018 Supply confirmation and impact with present status, of above said rules, for the welfare of Animals, keeping in view, mandate of AWBI.
Supply action taken upon resolution passed, DOAHD-E-2023-0000038. Supply complete list of amendment, replacement and Introduction of Rules, Regulations and Act."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617346 Relevant facts emerging from complaint:
RTI application filed on : 19.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 19.01.2023 seeking the following information:
"Section 74 of Indian Evidence Act, permitted all public documents be in public domain, as per section 76 of the Indian Evidence Act, read with RTI Act, supply complete list and details of permission No objection applied Page 42 of 111 and granted, if not granted, then explain reasons with copies of all communications, under section 27 of PCA Act:
1. As per section 27 of Prevention of Cruelty to Animals Act, 1960:
Exemptions: Nothing contained in this Chapter shall apply to -
(a) the training of animals for bona fide military or police purposes or the exhibition of any animals so trained or
(b) any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes.
2. Action taken on DOAHD/E/2023/0000033 along with reply.
3. Copies and proof of refund, head wise amount deposited for NOC -
permission, as I have deposited for Yak, which were neither refunded nor granted, as desired.
4. Complete list and details of FIRs, with present status, AWBI lodged for the violation of chapter V, if not then why AWBI failed to perform and regulate the Performing Rules, 1973 and 2001.
5. Complete list and species wise details of animals confiscated by AWBI, with present status of animals confiscated.
6. Impact of AWBI, related to chapter V."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617347 Relevant facts emerging from complaint:
RTI application filed on : 20.01.2023
CPIO replied on : Not on record
First appeal filed on : NIL
Page 43 of 111
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.01.2023 seeking the following information:
"Catching a Stray Dog without setting a trap, whereas, AWBI never introduce humane way of stray dog capturing, besides:
PREVENTION OF CRUELTY (CAPTURE OF ANIMALS) RULES, 1979:
Catching with a trap is amount to be cruel, as per section 3, 11 and 38 of PCA Act, 1960, read with many verdicts by court of law, no one is exempted, to violate said legislation, supply complete details:
1. Present mechanism of stray dog capturing.
2. Present mechanism of Stray dog capturing with strap, is cruel or not, as per mandate of AWBI.
3. Rules and Regulations, to capture stray dog without trap. Which one is best, and humane way, restoring 5 freedoms of stray dog: There are several ways to capture a stray dog without using a trap. One method is to use a humane dog catch pole, which allows you to safely and humanely restrain a dog without causing harm. Another method is to use a humane animal control net, which can be thrown over the dog to safely capture it. Additionally, you can use food or treats as a lure to coax the dog into a secure area, where it can be captured and taken to a shelter or veterinarian for care. It is also important to keep in mind that capturing a stray dog should be done with the guidance of animal control or a veterinarian, as it can be dangerous for both the animal and the person attempting to capture it.
With scouting spirits -
Baby Viyana Berwal"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Page 44 of 111CIC/AWBIC/C/2023/617348 Relevant facts emerging from complaint:
RTI application filed on : 20.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.01.2023seeking the following information:
"SLP (C) No.11686 of 2007: Point wise compliance, be send with present status, impact for animal welfare:
(1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A (g) and (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act.
(2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories, MoEF and AWBI.
(3) AWBI and Governments are directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to ensure the well-being of animals.
(4) AWBI and Governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under Sections 3 and 11 of PCA Act.
(5) AWBI is also directed to ensure that the provisions of Section 11(1)(m)(ii) scrupulously followed, meaning thereby, that the person-in-
charge or care of the animal shall not incite any animal to fight against a human being or another animal.
(6) AWBI and the Governments would also see that even in cases where Section 11(3) is involved, the animals be not put to unnecessary pain and Page 45 of 111 suffering and adequate and scientific methods be adopted to achieve the same.
(7) AWBI and the Governments should take steps to impart education in relation to human treatment of animals in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) and (h) of the Constitution..
(8) Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed.
(9) Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.
(10) The Governments would see that if the provisions of the PCA Act and the declarations and the directions issued by this Court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the purpose and object of PCA Act could be achieved.
(11) TNRJ Act is found repugnant to PCA Act, which is a welfare legislation, hence held constitutionally void, being violative of Article 254(1) of the Constitution of India.
(12) AWBI is directed to take effective and speedy steps to implement the provisions of PCA Act in consultation with SPCA and make periodical reports to the Governments and if any violation is noticed, the Governments should take steps to remedy the same, including appropriate follow-up action.
- Baby Viyana Berwal.."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617349 Relevant facts emerging from complaint:
Page 46 of 111RTI application filed on : 22.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 22.01.2023 seeking the following information:
"As per replied by the Ministry at PG Portal, bearing No. DOAHD/E/2022/00662, that Necessary powers has been delegated to SPCA and SAWB through various Rules notified under PCA Act, 1960, hence supply each and everything, in writing as you claim, as evidences as under section 37 of PCA Act, 1960, Central Govt. can delegate the powers, whereas, AWBI is not empowered, to delegate powers, by law.
Supply complete details and list, of powers, delegated under which law, rules and regulation, as Delegation of powers - The Central Government may, by notification in the Official Gazette, direct that all or any of the powers exercisable by it under this Act, may, subject to such conditions as it may think fit to impose, be also exercisable by any State Government. As attached, supply as desired, email and upload online."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/617405 Relevant facts emerging from complaint:
RTI application filed on : 22.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
Page 47 of 111The Complainant filed an (online) RTI application dated 22.01.2023 seeking the following information:
"As per Law Enforcement on animal welfare -10 handbook, online as public documents, reproduces, No. 4: The Supreme Court has in the case of AWBI Vs. Nagaraja and Ors Inter alia held that We declare that the five freedoms viz. 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.
No. 5: In furtherance of the spirit of co-existence and compassion for all living creatures endorsed by the constitution of India, and particularly by Article 51A(g) and 51A(h) thereof, Article 21 of the Constitution of India gives every citizen the right to decide how they choose to live, which includes the choice to live with a companion animal.
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 wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and re-form.Page 48 of 111
(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.
Hence, Baby Viyana Berwal, wants to know, that animal have legal right of life, cannot treat as goods, vehicle, commodity, property, agriculture products, food and diet for human consumption, prey.
There are contradictions and discriminations, hence supply complete information as state above, with proof as animal is a food for consumption, as diet."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/620213 Relevant facts emerging from complaint:
RTI application filed on : 04.02.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 04.02.2023 seeking the following information:
"As per section 74 and 76 of Indian Evidence Act, read with section 4 of RTI Act, supply complete list details of applications received for exemption under section 27 of the Prevention of Cruelty to Animals Act, Page 49 of 111 1960, with fee deposited obtained to grant NOC/ Permission, as CPIO of AWBI, replied as on 1-2-2023, after CIC hearing on 2-2-2023: File No. CIC/AWBIC/A/2022/600082:
All Copies of NOC - Permission granted: List of animal species and list of Zoo - Circuses, exempted: NOC granted by AWBI, under section 27(b) of PCA Act, 1960 as claimed, explaining the purpose, activities, as well, exhibited - performed by animals.
Supply copies of letters, related to lion, tiger, bear, monkey, panther and bull are exempted, under chapter V of PCA Act, 1960, as CPIO replied, vide letter dated 12-2-2020, in RTI No AWBIC/R/T/20/00004, as on 15-1- 2020, also supply information required 1 to 12, now AWBI may have."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/620582 Relevant facts emerging from complaint:
RTI application filed on : 07.02.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 07.02.2023 seeking the following information:
"CZA with AWBI, recognize animals in the custody of Circuses and all animals were died except few Elephants, due to age factor. Rajkot Police A- Division Police caught Great Golden Circus and all performing animals were confiscated, all these animals were not registered with AWBI, as performing animals, and those were registered had been dead, except elephants but AWBI did nothing and Rajkot Police mishandled the case, Page 50 of 111 misreported to the local court even and all animals were handed over again to abuse, without transportation vehicles, approved by competent authorities, hence supply complete details list and species with sex of all animals, with the activities of animals with these registered Circuses, and present status of these animals with legal action taken against circuses by CZA and AWBI with local Police as B- Division of Rajkot lodged FIR, exempted Great Golden elephants. Whereas, Camels and Elephants, never been treated as performing animals and no suitable vehicles to shift, besides 5 freedoms."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/626000 Relevant facts emerging from complaint:
RTI application filed on : 05.03.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 05.03.2023 seeking the following information:
"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, being habitual khadi wearers and speaking truth, performing fundamental duties, social reformer, as compassionate citizen, it is humbly submitted that:
1. I am senior citizen of India, performing my fundamental duties, without gain and profit, only to safeguard flora and fauna, in the interest of public at large.Page 51 of 111
2. I am Master Trainer in Animal Welfare, decorated by 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 www.scoutingindia.in 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.
As per 74 of Indian Evidence Act, all public documents be uploaded in public domain, along with requirement of section 4 of RTI Act, hence supply complete list with present status along with their contributions and achievements of:
1. First batch of Master Trainers in Animal Welfare, including Naresh Kadyan, Master Trainer in Animal Welfare.
2. Second batch of Master Trainers in Animal Welfare and so on, along with faculty of training, as Naresh Kadyan, Master Trainer in Animal Welfare, was one of faculty with Mr. Menka Gandi, then Minister in- charge
3. Complete details and list of training faculty and facilities with NIAW and AWBI, at NHQ village Sikri.
4. Complete list and details of first batch of NIAW, under AW and CPCCSEA nominees.
5. All copies of orders, passed related to use of Hospital facilities at NIAW campus, since beginning till today.
6. Action taken on PMOPG/E/2023/0051793, along with FIR No. 149 of 2020, has been cancelled, any more false framing and bogus allegations, against me, explain."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Page 52 of 111Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/626001 Relevant facts emerging from complaint:
RTI application filed on : 02.03.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 02.03.2023 seeking the following information:
"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, being habitual khadi wearers and speaking truth, performing fundamental duties, social reformer, as compassionate citizen, complaint was lodged:
1. Sujit Kumar Dutta, holding berth as Joint Commissioner (NLM) cum Secretary of AWBI, lost his senses, became mad, medical examination required, because he is not mentally sound, lost eligibility to be a public servant, besides it he violated his oath, breaching public trust, due to his double standards, false framing with bogus defamatory allegation, protecting disappearing AWOs, with public funds, misusing his powers and authorities, vested in his berth as Secretary of AWBI, because:
2. Protecting and safeguarding, a gang of grabbing public fund, adopting malpractices with criminal conspiracy, few are:
A). Animal Farm, run and managed by Anuradha Sawheney, Ex- CEO of PETA India.
B). People for Animals - PFA, dummy AWOs at Ashok Vihar and so on.Page 53 of 111
3. Comprehensive audit required of all funded AWOs by AWD and AWB, to break criminal syndicate, among all public servants, holding berth in AWD and AWBI with recovery and penalty, to solve the purpose of schemes.
Supply complete details with copies of 3 FIRs, as you falsely claimed to defame as false framing with bad intentions:
1. Action taken on above said complaint with DOAHD/E/2022/01014 And DOAHD/E/A/23/0000100 along with complete details of 3 FIRs lodged against me, with present status of FIR with complete sections of IPC.
2. Action taken on whistleblowing wrong information in public domain, violating section 4 of RTI Act, with section 74 of Evidence Act, related to Handbook for Veterinary Officers on Animal Welfare Laws, quoting Prevention of Cruelty to Animals (Regulation of Livestock Market) Rule, 2017, which is withdrawn, replacing with Draft, which is yet to be notified but you misguided public: DOAHD/E/2023/0000168 and 169."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/629788 Relevant facts emerging from complaint:
RTI application filed on : 25.03.2023 CPIO replied on : 24.04.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 25.03.2023 seeking the following information:
"Supply complete details, complaint lodged and action taken on the following, along with concerned file notings and present status, as AWBI may destroy evidences, complete list and details of PFA Delhi, surety Page 54 of 111 against all 3 grants in aid, all copies of UCs, land proof along with bye laws and registration:
1. Animal Farm, managed by Ex Chief of PETA India, Ms. Anuradha Sawheny, was granted Ambulance, bearing registration HR05-G-7916, against, execution of surety bond, which was sold out, without amount refunded back, to AWBI, embezzlement of public funds, breaching trust.
2. AWBI Recognition Code, at serial Nos: 1640-ND031/2002 of People for Animals, BA/1A-Ashoka Vihar, Delhi-110052, AWD granted against surety:
A). First instalments of establishment of shelter for animals in distress.
B). Second instalments of establishment of shelter for animals in distress, after accepting utilisation of first instalment: Project cost 25.00 lacs.
C). Animal ambulance SUMO, which was sold out, without depositing amount back to AWBI, being embezzlement of public funds, with criminal conspiracy, conflict of interest.
D). PFA Delhi, leased on rent 8 kanal land, against Rs. 5,000/- per year, from Puppy Farm, during period 5-2-2001 up to 16-10-2004, bearing khewat No. 475, khata No. 516, killa No. 162/16, Revenue Estate of village Sultanpur in Gurugram, now this land has been sold out, vide 695 on dated 30-5-2019, against Rs. 49.00 lacs, without refunding funds to AWBI, with penalty and all 250 monkeys, were left unattended to die, at present these 250 monkeys are being dislocated forcefully, without adopting scientific approach.
Hence:
1. Why PFA Delhi recognised by AWBI till date, when it is disappeared many years ago, but AWBI submit false and fabricated reports and figure before Indian Parliament, attracting special audit of funds disbursed by AWD?
2. Where are the surety bonds, against all 3 grant in aid, for shelter and ambulance, for animals in distress?
3. Is there any FIR against the People for Animals, BA/1 A-Ashoka Vihar, Delhi-110052, lodged by the AWBI?Page 55 of 111
4. Why SUMO Ambulance of PFA Delhi and Animal Farm, was sold out, and who embezzled this public fund, Is any FIR or legal action, by AWBI?
5. Any action, deems fit, as all berth holders, within ambit of AWBI, totally collapse, to perform their duties and functions.
With scouting spirits - PMOPG/E/2023/0063942: 2023028148 Delhi Police.
Further supply the details action taken report about FIR No. 149 of 2020, against surety of PFA Haryana, along with cancellation of FIR with kalandra No. 17 on 17-3-2023, against Mr. Sujit Kumar Dutta, public servant and complaint lodged against him."
The CPIO furnished a reply to the complainant on 24.04.2023 stating as under:
"Reply: 1 & 4-1 am directed to inform you that as per the decision dated 3.4.2008 of the Hon ble High Court of Bombay at Goa in Writ Petition No.419 of 2007 in the case of Dr.Celsa Pinto Vs Goa State Information Commission, that the term information as defined in the Right Information Act does not include answers to the question like why. The relevant par of Judgement is reproduced below-
The definition of information cannot include within its fold answers to the question why which would be same thing as asked the reason for a justification for a particular thing. The Public Information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justification are matter within the domain of adjudicating authorities and cannot properly be classified as information.
2- The information sought is beyond the retention period. Moreover, as per the decision of the Board, all the organizations to whom grants were sanctioned and released under the Scheme of Shelter House and Ambulance Services are being reviewed for further action.
3 & 5- The Information sought is not available.
3 & 5. The Information sought is not available."Page 56 of 111
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/630168 Relevant facts emerging from complaint:
RTI application filed on : 10.04.2023 CPIO replied on : 18.04.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 10.04.2023 seeking the following information:
"Please confirm point wise, that:
1. No sufficient research, No doubt Gau Milk, Ghee, Curd can be consumed as diet but Dung and Urine, impossible to consume as medicine, there are NO specific research, dung may be a fertilizer and urine as pesticides for agriculture cultivation purpose, instead eat and drink, being discharge of animal body.
2. Beef (Flesh of cow-veal) has not any property as medicinal values, confirmed
3. No Advisory for Educational purpose, under section 9(k) of Prevention of Cruelty to Animals Act, 1960, on panchgavya with other devotional property.
4. No Regulations, under section 10 of Prevention of Cruelty to Animals Act, 1960, on panchgavya, and cow properties and values, in Hindu religion.
5. AWBI confirmed, vide No. 3-4/2021-22/PCA, on dated 6-2-2023, that:
We all know that cow is the backbone of Indian culture and rural economy, sustains our life, represent cattle wealth and biodiversity. It is Page 57 of 111 known as Kamdhenu and Gaumata because of its nourishing nature like mother, the giver of all providing riches to humanity.
Vedic traditions are almost on the verge of extinction due to the progress of west culture over time. The dazzle western civilisation has made our physical culture and heritage almost forgotten.
In view of the immense benefits of cow, hugging with cow will bring emotional richness hence will increase our individual and collective happiness.
Therefore, all the cow lovers may also celebrate the February 14 as cow hug day keeping in mind the importance of mother cow and make life happy and full of positive energy.
This issues with the approval of competent authority and on the direction of Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying.
Hence, supply all copies, complete list of evidences as claimed by AWBI, glorifying cow, dung and urine, fit to consume as medicine by humans, along with action taken report on points raised.
Further supply the medicinal property of cow beef and veal, as claimed by
1. Haryana Gauvansh Sanrakkshan and Gausamvardhan Act, 2015.
2. U.P. Prevention of Cow Slaughter Act, 1955.
3. Punjab prohibition of Cow Slaughter Act, 1955.
4. Himachal Pradesh Prohibition of Cow Slaughter Act, 1979."
The CPIO furnished a reply to the complainant on 18.04.2023 stating as under:
"The information sought is not available with the Board."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Page 58 of 111Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/633274 Relevant facts emerging from complaint:
RTI application filed on : 17.04.2023 CPIO replied on : 18.04.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 17.04.2023 seeking the following information:
"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, supply complete list of Screening Committee of AWBI held, since beginning till today and what was their recommendations and impact for animal welfare, reply must be upload as public documents, related to Naresh Kadyan and I hereby consent in public interest that all concerned being third party may be treated as public documents as nothing for personal.
I never enjoy the same and no inspection was conducted nor report was submitted, as I feel AWBI is a thankless and toothless body, burden and liability of public funds."
The CPIO furnished a reply to the complainant on 18.04.2023 stating as under:
"The information sought is not clear."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/633275 Page 59 of 111 Relevant facts emerging from complaint:
RTI application filed on : 21.04.2023 CPIO replied on : 19.05.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 21.04.2023 seeking the following information:
"Supply complete details, list, all communications with file notings with present status, related:
1. Committee for Control and Supervision of Experiments on Animals (CCSEA), Impact and strict compliance of objectives and functions.
2. Five freedoms of all species of animals, of the recognised, de-
recognised and under consideration with cancelled establishments, keeping in view, SLP (C) No.11686 of 2007. Give their species wise numbers along with rescue of de-recognised establishments.
3. List of FIR lodged, under trials and decided, cases against all establishments, lodged by CPCSEA.
4. Complete list of public servants, nominated to all CPCSEA-CCSEA with all committees and Nominee to all recognized-de-recognized establishments, with the copies of permission from their parents Departments.
5. Status on the action taken of PMOPG/E/2023/0065150, along with as stated below:
Scouts and Guides for Animals and Birds with OIPA: Indian People for Animals, comes forward, to upload in public domain, being public documents, vide DOAHD-E-2023-0000185 and then appeal DOAHD-E-A- 23-0000117, whereas officials of CPCSEA - Committee for Control and Supervision of Experiments on Animals (CCSEA), Dr. Debalina Mitra informed vide V-11011(17)/3/2023-CPCSEA-DADF, on dated 17-3-2023, that:Page 60 of 111
With reference to the Grievance raised by you regarding publishing the Administrative (Committee for Control and Supervision of Experiments on Animals) Rules 2023 on the website of CCSEA, it is to inform you that the said Rules are to be laid in the Parliament before they are implemented. The Rules would be published on the website of CCSEA after the due procedure.
As per Rule 2 of the Administrative (Committee for Control and Supervision of Experiments on Animals) Rules, 2023, which was published in Official Gazette, as on 2nd February, 2023:
Rule 2: They shall come into force on the date of their publication in the Official Gazette.
As per Rule 9 (c): has been accused of an offence involving animal cruelty and moral turpitude, whereas Member Secretary of CPCSEA Mr. Sujit Kumar Dutta, booked under 182 IPC, with Police Station, Mundkati in Palwal District, keeping in view bogus complaint against surety, concealing actual documents, protecting PFA Delhi and Animal Farm with many more.
Prayers:
1. Removal of Mr. Sujit Kumar Dutta, Secretary AWBI and Member Secretary, CCSEA and other positions.
2. All scientific tests, may be imposed on Mr. Sujit Kumar Dutta, as lie detector, brain mapping - Polygraph/NARCO.
3. Lodge FIR against PFA Delhi and Animal Farm with others."
The CPIO furnished a reply to the complainant on 19.05.2023 stating as under:
"The information has been obtained from the CCSEA and the reply is as under -
1. The CCSEA is duty bound to take all such measures as may be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during or after performance of experiments on them. The establishments engaged in Bio medical education, research, breeding and trading of Laboratory animals are required to get registered with CCSEA and to constitute Institutional Animal Ethics Committees IAECs. The IAECS are responsible for approving Research Page 61 of 111 Protocols on Small Animals and to examine and recommend Research Protocols on Large Animals to the CCSEA.
2.Such details are not been maintained.
3.As per the records, no FIR has been lodged by the CCSEA against any establishment.
4.List of public servants, nominated to CCSEA is as per Gazette Notification S.O. 4595 E dated 02.11.2021 Annexure-I. Further, the details of Nominees, nominated to establishment recognized-de- recognized and the copies of permission from their parents Departments may not be provided under Section 8 1 d of the RTI Act 2005 on the ground that the disclosure of which would harm the competitive position of a third party.
5. The status of this information is available on public domain at PMOPG Portal."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/633312 Relevant facts emerging from complaint:
RTI application filed on : 08.05.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 08.05.2023 seeking the following information:
"Smt. Maneka Sanjay Gandhi, MP, Bharatiya Janata Party Sultanpur, Member, Consultative Committee, Ministry of Animal Husbandry, Dairying and Fisheries, conflict of Interest, as AWBI officials are under Page 62 of 111 her pressure, needs immediate removal of the Member, Consultative Committee, Ministry of Animal Husbandry, Dairying and Fisheries, for natural justice as she misused her position, breaching public trust, oath as well.
98 entries found as questions raised by her, nothing for cow, and animals, then why in Parliament, recall her back, as I have spent young age of 11years to her.
Supply copies of complaints lodged against her, along with sanction of prosecution and criminal cases withdrawn, by Govt. against her. Complete list of allotment of land-building head wise funds disbursed, to her establishments.
Supply action taken report with concerned file notings along with replies with all communications, related to, as stated below, along with copies of Registration as PFA Delhi with present status:
1. 2022025043 LG Listening online with attachments.
2. 2023005713 LG Listening online with attachments.
3. GNCTD-E-2022-11687 along with attached Complaint.
4. Two Registered letters with all evidences, to SHO, Ashok Vihar PS, in Delhi.
5. PMOPG-E-2023-0063942 Complaint - Appeal.
6. DOPAT-E-2023-0003092 Complaint against Sujit Dutta
7. DOPAT-E-2023-0001835 Complaint
8. DOPAT-E-2022-20175 Complaint
9. DOAHD-E-2022-01014 Online FIR against People for Animals at Ashok Vihar, Delhi with Mrs. Maneka Gandhi, Chairperson of PFA and Mrs. Ambica Shukla, with other berth holders of AWBI, for embezzlement of funds 22,50,000/- with Sumo Ambulance misuse.
Reference:
1. PRSEC/E/2022/38940: PMOPG/E/2022/0321463: DOPAT/E/2022/19647: MINHA/E/2022/20008 with Decision on Second Appeal No. CIC/AWBIC/A/2021/654149, CIC/AWBIC/A/2020/672824
2. 120-B, 166A, 167, 182, 193, 409, 420, 468 and 471.
3. Question No. 77, by. DR. ARUN KUMAR SARMA.
4. Question No. 1317, asked by SHRI SWARAJ KAUSHAL.Page 63 of 111
Animal Farm of Ex Chief PETA India. Action Required:
1. Ruth Cowell Foundation (Sanjay Gandhi Animal Care Centre), New Delhi, was granted 2,47,500/-
2. Sanjay Gandhi Animal Care, Raja Garden, New Delhi, was granted 4,08,000/-
3. Circle of Animal Lovers, New Delhi, was granted 11,25,000/-
4. PFA, Ashok Vihar, New Delhi, was granted 11,25,000/-, 11,25,000/-, 4,50,000/-
5. PFA, Sadhrana, Gurgaon (Animal Hospital), was granted 9,33,750/-"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/634001 Relevant facts emerging from complaint:
RTI application filed on : 24.04.2023 CPIO replied on : 19.05.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 24.04.2023 seeking the following information:
"Animal Welfare Party wants to know:
While taking the right course of action, the Delhi High Court has in an extremely laudable, landmark, learned and latest judgment titled Scouts and Guides for Animals and Birds vs Union of India & Ors. in W.P.(C) 2045/2022, final order dated 21-11-2022, and time for three months was granted, hence supply complete details, along with copies of legal opinion obtained, copies of all communications and concerned file noting, be supplied, uploading judgements on the official website of AWBI and administrative Ministry, Home Ministry and BSF with NRCC, further uploaded all communications, policies, regulations, all minutes of the meetings of AWBI, sub committees Page 64 of 111 Further supply all copies of complaints and advices, issued and given by Mrs. Maneka Gandi, along with the copies of complaint received against Mrs. Maneka Gandi, along with her establishments.
As per letter dated 23-11-2020, Increase in the amount of application fees for Recognition, Financial Assistance under various schemes implemented by the Board and application under Performing Animals (Registration) Rules, 2001, supply complete list of recognised AWOs scheme wise, duration of recognition and complete list of renewal, as per orders, after 5 years.
Reply be uploaded on website, sent by email, uploaded online at RTI portal.
It is further asked to supply the owners responsibility of all stray unclaimed animals, including dogs and BJP political tool Cow, publicity as well, whereas complete list of deaths of huan beings, including childrens, for the lase 5 years, as road accidens and dog bites, as its impossible 5 freedoms for animals, vesus freedoms of human beings."
The CPIO furnished a point-wise reply to the complainant on 19.05.2023 stating as under:
"1. No information is maintained by the Board regarding file noting for uploading the judgement on official website. However, the said judgment is available in the website of the Board.
2. No information is available regarding the complaints received by the Board. However, the list of complaints received and action taken by the Board is available in the website.
3. The application received for renewal of recognition is under consideration and the details will be uploaded after renewal of the recognition.
4. It is the responsibility of the local bodies to take care of stray animals including accidental animals and the Board has issued advisories dated 12.07.2018 and 27th February, 2020 and the same is available in the website.Page 65 of 111
5. It is informed that the information sought regarding number of stray dogs, stray dog attacks and number of death due to stray dogs attacks in India is not available with the Board.
The information regarding stray dog attack and death due to stray dogs is available with the Health and Family Welfare, Government of India."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/634003 Relevant facts emerging from complaint:
RTI application filed on : 24.04.2023 CPIO replied on : 18.05.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 24.04.2023 seeking the following information:
"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, 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.Page 66 of 111
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. I had been volunteers of Wildlife Crime Control Bureau, as well.
Animal Welfare Party: Cow species in distress, during BJP regime, supply:
1. Complete details, head year wise amount incurred and list related to regulate the birth control of street stray abandoned and unclaimed animals, like dog.
2. Complete details, head year wise amount incurred and list related to regulate the birth control of street stray abandoned and unclaimed animals, like male cow calves and bulls.
3. Complete details of Beef and veal export, along with halal certification by APEDA.
4. Complete list of APEDA affiliated cold storage, slaughter houses and meat shops, all around India.
5. Complete details of right to life, legal rights freedoms of animals, are being violated and action taken by all enforcement agencies, including AWBI, State AWBs and DSPCAs, all over India."
The CPIO furnished a point-wise reply to the complainant on 18.05.2023 stating as under:
"1 and 2- The details of grant-in-aid released to the recognised Animal Welfare organisations including Gaushalas for welfare of stray and abandoned animals in the last five years is attached.
3 and 4- The information sought is not available with the Board.Page 67 of 111
5- The AWBI regularly issue advisories and circular to the concerned Government department, Animal Welfare Organisations and others for proper implementation of PCA Act, 1960 and Rules made their under with the view of preventing unnecessary pain or suffering to animals generally and to uphold the 5 freedoms of the animals including Bulls referred by the Supreme Court of India.
In addition to the above, the AWBI regularly advises Central Government for amendment of existing Rules and other issues pertaining to the animal welfare to prevent unnecessary pain or suffering to the animals.
The AWBI also forward the complaints of cruelty and grievance to the State Governments to take action against the offenders for violation of PCA, Act, 1960 as per law. The Board had issued a circular letter dated 14.08.2020 to Chief Secretary and Director General of Police of all the State Governments and UTs regarding harassment to the people showing compassion to animals, also to take matter pertaining to the proper implementation of PCA, Act, 1960.
The AWBI is also regularly coordinating with the association or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds. Also, conduct training programs for Honorary Animal Welfare Representatives. The Board also conducts Humane education programs."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/637004 Relevant facts emerging from complaint:
RTI application filed on : 08.05.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
Page 68 of 111The Complainant filed an (online) RTI application dated 08.05.2023 seeking the following information:
"While taking the right course of action, the Delhi High Court has in an extremely laudable, landmark, learned and latest judgment titled Scouts and Guides for Animals and Birds vs Union of India & Ors. in W.P.(C) 2045/2022, final order dated 21-11-2022, and time for three months was granted, hence supply complete details, along with copies of legal opinion obtained, copies of all communications and concerned file noting, be supplied, uploading judgements on the official website of AWBI and administrative Ministry, Home Ministry and BSF with NRCC.
While taking the right course of action, the Delhi High Court has in an extremely laudable, landmark, learned and latest judgment titled Scouts and Guides for Animals and Birds vs Union of India & Ors. in W.P. (C) 2045/2022, final order dated 21-11-2022, and time for three months was granted, hence supply complete details, along with copies of legal opinion obtained, copies of all communications and concerned file noting, be supplied, uploading judgements on the official website of AWBI and administrative Ministry, Home Ministry and BSF with NRCC.
Further supply all copies of complaints and advices, issued and given by Mrs. Maneka Gandi, along with the copies of complaint received against Mrs. Maneka Gandi, along with her establishments.
As per letter dated 23-11-2020, Increase in the amount of application fees for Recognition, Financial Assistance under various schemes implemented by the Board and application under Performing Animals (Registration) Rules, 2001, supply complete list of recognised AWOs scheme wise, duration of recognition and complete list of renewal, as per orders, after 5 years.
Reply be uploaded on website, sent by email, uploaded online at RTI portal."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/638102 Page 69 of 111 Relevant facts emerging from complaint:
RTI application filed on : 21.05.2023 CPIO replied on : 18.06.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 21.05.2023 seeking the following information:
"Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016:
On the question of conferring fundamental right on animals we do not have any precedent. The Division Bench in the case of A. Nagaraja (supra) also does not lay down that animals have Fundamental Rights.
The only tool available for testing this 36 proposition is interpreting the three Amendment Acts on the anvil of reasonableness in Article 14 of the Constitution of India. While the protection under Article 21 has been conferred on person as opposed to a citizen, which is the case in Article 19 of the Constitution, we do not think it will be prudent for us to venture into a judicial adventurism to bring bulls within the said protected mechanism. We have our doubt as to whether detaining a stray bull from the street against its wish could give rise to the constitutional writ of habeas corpus or not. In the judgment of A. Nagaraja (supra), the question of elevation of the statutory rights of animals to the realm of fundamental rights has been left at the advisory level or has been framed as a judicial suggestion. We do not want to venture beyond that and leave this exercise to be considered by the appropriate legislative body. We do not think Article 14 of the Constitution can also be invoked by any animal as a person. While we can test the provisions of an animal welfare legislation, that would be at the instance of a human being or a juridical. person who may espouse the cause of animal welfare.
Animal Welfare Party, OIPA: Indian People for Animals along with Scouts and Guides for Animals and Birds, being whistleblower ash AWBI to supply complete details and communications with concerned file noting, while dealing following matters:
Page 70 of 1111. WP (C) No. 23 of 2016, details of head wise expenditure with competent authority orders to file petition against Central Government and action taken report after 18-5-2023.
2. Statue of 5 freedoms for animals, 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: freedom from hunger, thirst and malnutrition, freedom from fear and distress, freedom from physical and thermal discomfort, freedom from pain, injury and disease and freedom to express normal patterns of behaviour.
3. Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016, as stated above, Constitutional Bench dismissed AWBI contents, now explain status of 5 freedoms for animals, which was a judicial advisory or suggestion.
3. All copies of legal Notices and action taken reports, after my complaints against PFA Delhi, Animal Farm etc with recovery proceedings.
3. Role and affiliation of AWBI, with FIAPO, PETA India, PFA India, and others petitioners as attached RTI Application."
The CPIO furnished a point-wise reply to the complainant on 18.06.2023 stating as under:
"Ans.1- The information sought is not maintained by the Board. The order dated 18.05.2023 is under examination of the Board.
Ans.2 and 3- It is informed that this does not come under definition of information under Section 2f of the RTI Act, 2005.
Ans.4. The information sought is related to the third party information.
Ans.5. No information is available with the Board."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Page 71 of 111CIC/AWBIC/C/2023/641754 Relevant facts emerging from complaint:
RTI application filed on : 10.06.2023 CPIO replied on : 18.06.2023 First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 10.06.2023 seeking the following information:
"Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016:
On the question of conferring fundamental right on animals we do not have any precedent. The Division Bench in the case of A. Nagaraja (supra) also does not lay down that animals have Fundamental Rights.
The only tool available for testing this 36 proposition is interpreting the three Amendment Acts on the anvil of reasonableness in Article 14 of the Constitution of India. While the protection under Article 21 has been conferred on person as opposed to a citizen, which is the case in Article 19 of the Constitution, we do not think it will be prudent for us to venture into a judicial adventurism to bring bulls within the said protected mechanism. We have our doubt as to whether detaining a stray bull from the street against its wish could give rise to the constitutional writ of habeas corpus or not. In the judgment of A. Nagaraja (supra), the question of elevation of the statutory rights of animals to the realm of fundamental rights has been left at the advisory level or has been framed as a judicial suggestion. We do not want to venture beyond that and leave this exercise to be considered by the appropriate legislative body. We do not think Article 14 of the Constitution can also be invoked by any animal as a person. While we can test the provisions of an animal welfare legislation, that would be at the instance of a human being or a juridical person who may espouse the cause of animal welfare.
Animal Welfare Party, OIPA: Indian People for Animals along with Scouts and Guides for Animals and Birds, being whistleblower ash AWBI to supply complete details and communications with concerned file noting, while dealing following matters:
Page 72 of 1111. WP (C) No. 23 of 2016, details of head wise expenditure with competent authority orders to file petition against Central Government and action taken report after 18-5-2023.
2. Statue of 5 freedoms for animals, 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: freedom from hunger, thirst and malnutrition, freedom from fear and distress, freedom from physical and thermal discomfort, freedom from pain, injury and disease and freedom to express normal patterns of behaviour.
3. Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016, as stated above, Constitutional Bench dismissed AWBI contents, now explain status of 5 freedoms for animals, which was a judicial advisory or suggestion.
3. All copies of legal Notices and action taken reports, after my complaints against PFA Delhi, Animal Farm etc with recovery proceedings.
3. Role and affiliation of AWBI, with FIAPO, PETA India, PFA India, and others petitioners as attached RTI Application."
The CPIO furnished a reply to the complainant on 18.06.2023 stating as under:
"Ans. 1- The information sought is not maintained by the Board. The order dated 18.05.2023 is under examination of the Board.
Ans.2 and 3- It is informed that this does not come under definition of information under Section 2f of the RTI Act, 2005.
Ans.4. The information sought is related to the third party information.
Ans.5. No information is available with the Board."
Being dissatisfied, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/645537 Page 73 of 111 Relevant facts emerging from complaint:
RTI application filed on : 05.07.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 05.07.2023 seeking the following information:
"The NGO-DARPAN is a platform that provides space for interface between VOs / NGOs and key Government Ministries / Departments / Government Bodies, to start with. Later it is proposed to cover all Central Ministries / Departments/Government Bodies.
This is a free facility offered by the NITI Aayog in association with National Informatics Centre to bring about greater partnership between government & voluntary sector and foster better transparency, efficiency and accountability.
The NGO-DARPAN started out as an initiative of the Prime Minister Office, to create and promote a healthy partnership between VOs / NGOs and the Government of India. The Portal is managed at present by NITI Aayog.
Supply complete details about enrolments with NGO Darpan, seems to be necessary to obtain grant in aid under animal welfare schemes, and under Khadi Gramodyog - KVIC, as financial assistances, all over India.
Supply complete details about head wise recurring portion of grants in aid, along with name of the schemes related to animal welfare, and khadi Gramodyog.
Supply complete details about exemptions from NGO Dapan registration, NGOs under KVIC and Animal Welfare."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Page 74 of 111Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/646043 Relevant facts emerging from complaint:
RTI application filed on : 27.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 27.01.2023 seeking the following information:
"The NGO-DARPAN is a platform that provides space for interface between VOs / NGOs and key Government Ministries / Departments / Government Bodies, to start with. Later it is proposed to cover all Central Ministries / Departments / Government Bodies.
This is a free facility offered by the NITI Aayog in association with National Informatics Centre to bring about greater partnership between government & voluntary sector and foster better transparency, efficiency and accountability.
The NGO-DARPAN started out as an initiative of the Prime Minister Office, to create and promote a healthy partnership between VOs / NGOs and the Government of India. The Portal is managed at present by NITI Aayog.
Supply complete details about enrolments with NGO Darpan, seems to be necessary to obtain grant in aid under animal welfare schemes, and under Khadi Gramodyog - KVIC, as financial assistances, all over India.
Supply complete details about head wise recurring portion of grants in aid, along with name of the schemes related to animal welfare, and khadi Gramodyog.
Supply complete details about exemptions from NGO Dapan registration, NGOs under KVIC and Animal Welfare."Page 75 of 111
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/648570 Relevant facts emerging from complaint:
RTI application filed on : 28.01.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 28.01.2023 seeking the following information:
"Supply with complete details:
1. Status of animals belongs to Indian Army, Airforce, Navy, Police, Military, Para Military Force, for their welfare, retirement benefits, transportation rules and regulations.
2. Five freedoms of animals.
3. Court to move petition to restore their 5 freedoms, as stated above.
4. Court to move violation complaints, as Declaration and oath by a Veterinarian:
Being admitted to the profession of veterinary medicine.
I solemnly swear to use my scientific knowledge find 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.Page 76 of 111
I shall practise ray profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics, 1 accept as a lifelong obligation the continuous improvement of my professional knowledge and competence.
2. Army Act, 1950:
Section 55: Injury to property.
3. Air Force Act, 1950:
Section 55: Injury to property.
4. Border Security Force Act, 1968:
Section 33: Injury to property.
5. Sashastra Seema Bal Act, 2007:
Section 36: Injury to property.
Any person subject to this Act who commits any of the following offences, that is to say:
(c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him, shall, on conviction by a Security Force Court, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/648592 Relevant facts emerging from complaint:
RTI application filed on : 15.02.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 15.02.2023 seeking the following information:Page 77 of 111
"Ministry of Environment, Forest and Climate Change with Ministry of Defense, Home and Department of Animal husbandry and Dairying, fisheries, Agriculture, health, Commerce, External Affairs etc and their subordinates establishments, Supply complete details, point wise compliance of Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of 2007, with following directions, 1 to 12, applicable on the animals, reptiles, Insects, Birds, Indian - exotic species of animals, all living creatures other than human beings, in the captivity of all Rescue Centers, Zoo approved establishments, of CZA, AWBI, NTCA, NBA etc. or not, confirm in writing, as these directions were all to comply with:
(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 behavior.
If exemptions, supply copies, as Indian Police, Military, Army and Para Military Forces, claims that they are exempted, which is wrong.
(1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) & (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act.
(2) We declare that the five freedoms, referred to earlier be read into Sections (3) and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories, MoEF and AWBI, and so on.
Further supply the action taken report, co-ordination with other establishments, similar action for the compendium issued and prepared by the Supreme Court of India, in CWP No.309 of 2003, besides all orders passed."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/648675 Page 78 of 111 Relevant facts emerging from complaint:
RTI application filed on : 20.02.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 20.02.2023 seeking the following information:
"Subject matter pertains to AWBI."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/648709 Relevant facts emerging from complaint:
RTI application filed on : 08.05.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 08.05.2023 seeking the following information:
"Smt. Maneka Sanjay Gandhi, MP, Bharatiya Janata Party Sultanpur, Member, Consultative Committee, Ministry of Animal Husbandry, Dairying and Fisheries, conflict of Interest, as AWBI officials are under her pressure, needs immediate removal of the Member, Consultative Committee, Ministry of Animal Husbandry, Dairying and Fisheries, for natural justice as she misused her position, breaching public trust, oath as well.Page 79 of 111
98 entries found as questions raised by her, nothing for cow, and animals, then why in Parliament, recall her back, as I have spent young age of 11years to her.
Supply copies of complaints lodged against her, along with sanction of prosecution and criminal cases withdrawn, by Govt. against her. Complete list of allotment of land-building-head wise funds disbursed, to her establishments.
Supply action taken report with concerned file notings along with replies with all communications, related to, as stated below, along with copies of Registration as PFA Delhi with present status:
1. 2022025043 LG Listening online with attachments.
2. 2023005713 LG Listening online with attachments.
3. GNCTD-E-2022-11687 along with attached Complaint.
4. Two Registered letters with all evidences, to SHO, Ashok Vihar PS, in Delhi.
5. PMOPG-E-2023-0063942 Complaint - Appeal.
6. DOPAT-E-2023-0003092 Complaint against Sujit Dutta
7. DOPAT-E-2023-0001835 Complaint
8. DOPAT-E-2022-20175 Complaint
9. DOAHD-E-2022-01014 Online FIR against People for Animals at Ashok Vihar, Delhi with Mrs. Maneka Gandhi, Chairperson of PFA and Mrs. Ambica Shukla, with other berth holders of AWBI, for embezzlement of funds 22,50,000/- with Sumo Ambulance misuse.
Reference:
1. PRSEC/E/2022/38940: PMOPG/E/2022/0321463: DOPAT/E/2022/19647: MINHA/E/2022/20008 with Decision on Second Appeal No. CIC/AWBIC/A/2021/654149, CIC/AWBIC/A/2020/672824
2. 120-B, 166A, 167, 182, 193, 409, 420, 468 and 471.
3. Question No. 77, by. DR. ARUN KUMAR SARMA.
4. Question No. 1317, asked by SHRI SWARAJ KAUSHAL.
Animal Farm of Ex Chief PETA India. Action Required:Page 80 of 111
1. Ruth Cowell Foundation (Sanjay Gandhi Animal Care Centre), New Delhi, was granted 2,47,500/-
2. Sanjay Gandhi Animal Care, Raja Garden, New Delhi, was granted 4,08,000/-
3. Circle of Animal Lovers, New Delhi, was granted 11,25,000/-
4. PFA, Ashok Vihar, New Delhi, was granted 11,25,000/-, 11,25,000/-, 4,50,000/-
5. PFA, Sadhrana, Gurgaon (Animal Hospital), was granted 9,33,750/-"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/650485 Relevant facts emerging from complaint:
RTI application filed on : 22.02.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 22.02.2023 seeking the following information:
"IRULA SNAKE CATCHERS INDUSTRIAL COOPERATIVE SOCIETY (ISCICS:
Snakebite in India, and discovered that thousands of lives were lost because of the inadequate production and distribution of antivenom serum. Irula snake catchers in the Chinglepet area were mobilized to form a Snake- Catchers Cooperative where, under licenses from the Wildlife Department, they supply snakes, extract and freeze-dry venom, and sell this to antivenom producing laboratories such as Haffkine Insitute. The snakes are released back into the wild after three extractions. This is a pioneer project in the area of sustainable resource use, and funding and awards enabled expansion and development. It continues to function till today, within the campus of the Crocodile Bank.Page 81 of 111
Commercial use of biological resources, never paid to BMC, as per the Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014. The Brand Ambassador of Scouts and Guides for Animals and Birds with OIPA: Indian People for Animals, wants to supply complete details, list and recognition - affiliation, a community of snake catchers, is exempted or legal under frame, including:
1. AWBI, WCCB, CZA communications, as stated above.
2. Snake catches with their species.
3. Snake venom recovery with mechanisms of costing.
4. Guidelines and circulars, issued.
5. Offenses lodged on the snake catchers, with present status.
6. Activities of Padam Shri awardee 2023, Shri Vadivel Gopal and Masi Sadaiyan from, along with complete details of their activities and list of these people recommenders."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/651083 Relevant facts emerging from complaint:
RTI application filed on : 17.08.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 17.08.2023 seeking the following information:
"Report No. 151 of Rajya Sabha, Committee on Petition-
The petitioners further contended that the Meat Export Policy is violative of the various Constitutional provisions such as 19(1) (g), 21, 39(b) and
(c), 47, 48, 48A and 51A which in general provides for compassion for Page 82 of 111 living creatures as one of the fundamental duties and places an obligation on the State for preserving/prohibiting the slaughter of cows and for protection of environment and to safeguard forest and wildlife.
The Meat Export Policy is also violative of the various State Animal Preservation Laws viz. Prevention of Cruelty to Animals Act, 1960. Besides this, the Law Commission of India in its 159th Report, the National Commission on Cattle in its Report submitted on 31.07.2002 and the Animal Welfare Board of India in its 67th Executive Committee meeting have recommended ban on meat export.
Supply with all communications, guidelines, circulars, related to meat export, on the following points, along with SOP for Camel Transportation-
1. All copies of action taken communications on the point wise observation recommendation, of the Report No. 151 of Rajya Sabha, Committee on Petition.
2. Agenda and minutes of Animal Welfare Board of India, 67th Executive Committee meeting, which have recommended ban on meat export, along with letters for compliance and copies of replies received by AWBI.
3. Action taken by AWBI, on the Law Commission of India 159th Report, and the National Commission on Cattle, Report submitted on 31.07.2002, along with copies of agenda and minutes of each and every meeting of Rashtriya Kamdhenu Aayog.
4. Rashtriya Kamdhenu Aayog (RKA) had cancelled its indigenous cow science, examination after widespread criticism about its promotion of fake claims and pseudoscience, the Animal Husbandry Department claimed that RKA had no mandate to conduct such an examination. Supply all copies.
5. Supply copies of animal birth control scheme for stray monkey, cattle and cats, like ABC for Dog, discrimination and double standards, as special treatment for Dogs only."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Page 83 of 111CIC/AWBIC/C/2023/651088 Relevant facts emerging from complaint:
RTI application filed on : 17.08.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 17.08.2023 seeking the following information:
"Community Policing as Scouting against wrong statement by Minister, violating oath, breaching public trust:
LOK SABHA: UNSTARRED QUESTION NO. 3145 TO BE ANSWERED ON 22ND MARCH, 2022- Supply complete details and information with file notings, related to submission of question and reply, as stated above:
1. Truth behind Question (a) whether the cases of cruelty to animals have increased in recent years.
(b) if so, whether the provisions of punishment and fine under the Prevention of Cruelty to Animals Act, 1960 are currently not being more effective in preventing cruelty to animals, if so, the reasons therefor and
(c) whether there is proposal to amend the Prevention of Cruelty to Animals Act, 1960, if so, the details thereof?
2. Truth behind Reply by a Minister under oath, breaching public trust and violated oath: (a) The prevention of cruelty to animals is a state subject. The data in this regard is not maintained in the Central Government. However, the Animal Welfare Board of India is regularly getting information on the cruelty to animals for which the AWBI is writing to the State Governments and local authorities to take necessary action as per the prevailing laws.Page 84 of 111
(b) The prescribed fine and penalty in the current Prevention to Cruelty to Animal Act is not sufficient enough to take action against the cruelty to animals.
(c) The need for amending the Prevention of Cruelty to Animals Act, 1960 by introducing more stringent penalties has been recognized by the Government. The draft amendment worked out includes increasing monetary penalties and punishment provisions.
3. Whereas, Indian Constitution List III Concurrent List, certified at No. 17 out of 47: Prevention of cruelty to animals, then supply complete details, related to wrong reply, which was given, to misguide Lok Sabha, tainted and responsible public servants invited departmental and legal action.
4. Supply action taken report, as stated above, along with 2023074670 CM Delhi, Grievance with AWBI, PMOPG-E-2023-0151819, PMOPG-E-
2023- 0151824, PMOPG-E-2023-0151828.
5. Confirm prevention of cruelty to animals is a state subject, as replied."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/652228 Relevant facts emerging from complaint:
RTI application filed on : 04.09.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 04.09.2023 seeking the following information:
"Scouts and Guides for Animals and Birds, along with OIPA: Indian People for Animals, both are registered Trusts, duly registered with NGO Page 85 of 111 Darpan, obtained UDYAM registration under MSME, OIPA: Indian People for Animals, approved as Trademark, being Intellectual Property India, by the Central Government.
We have passed resolution to decorate with honorary doctorates as Honoris causa, without gain and profit, to boost up activism to safe guard our biodiversity, awareness as well, related to proper functioning of BMCs: Biodiversity Management Committees, monitor PBRs: Peoples Biodiversity Registers, Species of Plants and animals, which are on the verge of extinction, all around Indian Territory, Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014, including BHS: Guidelines for Selection and Management of the Biodiversity Heritage Sites.
Proposal:
Honorary doctorates as Honoris causa in Biodiversity, by the Scouts and Guides for Animals and Birds along with OIPA: Indian People for Animals, under guidance of Naresh Kadyan, Master Trainer in Animal Welfare to Govt. of India.
Requirements:
Qualified Biologist and Zoologist Researcher in biology and Zoology, Environmental Science, Scientific study of animal, along with 15 years field experience / Civilians have rich background and experience, to serve flora and fauna, around 25 years.
Under RTI:
1. Supply policies and guidelines on the Honorary doctorates as Honoris causa, in the field of Flora and fauna, along with animal rights and their welfare, under University Grants Commission and other Technical Education with AYUSH establishments.
2. Supply the approval and permission, granted as stated above, along with many grievances, uploaded on PG Portal, related to NIAW and AWBI.
3. Supply copies of objections, if any."Page 86 of 111
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/653035 Relevant facts emerging from complaint:
RTI application filed on : 13.09.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 13.09.2023 seeking the following information:
"Supply complete details and all communications with file notings, related to
1. Draft of the Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, 2023, never published in public domain to comment, might be under pressure of PETA India, as their paid employees moved Writ Petition (Civil) 5266/2020 and CM Appeals No. 18967/2020, 22670/2020 and 31358/2020 dated 22nd November, 2022 before the High Court of Delhi, if all legal proceedings are compiled by the Ministry and advised by the AWBI, and public comments were received, then supply all the copies with complete details about the process of Draft Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) and AWBI advices on this issue.
2. Similar proceedings required related to Camel Transportation, along with Standard Operating Procedures (SOPs) for Camel transportation, in compliance orders passed by the Delhi High Court.
3. If legal process was not adopted, then what were the reasons and explanation be supplied.Page 87 of 111
4. All copies issued in compliance of PRSEC/E/2023/0010458: DOAHD/E/A/23/0000153 and PMOPG/E/2023/0063081 appeal DOAHD/E/A/23/0000122."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/653036 Relevant facts emerging from complaint:
RTI application filed on : 13.09.2023 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 13.09.2023 seeking the following information:
"Scouts and Guides for Animals and Birds, along with OIPA: Indian People for Animals, both are registered Trusts, duly registered with NGO Darpan, obtained UDYAM registration under MSME, OIPA: Indian People for Animals, approved as Trademark, being Intellectual Property India, by the Central Government.
We have passed resolution to decorate with honorary doctorates as Honoris causa, without gain and profit, to boost up activism to safe guard our biodiversity, awareness as well, related to proper functioning of BMCs: Biodiversity Management Committees, monitor PBRS: Peoples Biodiversity Registers, Species of Plants and animals, which are on the verge of extinction, all around Indian Territory, Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014, including BHS: Guidelines for Selection and Management of the Biodiversity Heritage Sites.
Proposal:Page 88 of 111
Honorary doctorates as Honoris causa in Biodiversity, by the Scouts and Guides for Animals and Birds along with OIPA: Indian People for Animals, under guidance of Naresh Kadyan, Master Trainer in Animal Welfare to Govt. of India.
Requirements:
Qualified Biologist and Zoologist Researcher in biology and Zoology, Environmental Science, Scientific study of animal, along with 15 years field experience / Civilians have rich background and experience, to serve flora and fauna, around 25 years.
Under RTI:
1. Supply policies and guidelines on the Honorary doctorates as Honoris causa, in the field of Flora and fauna, along with animal rights and their welfare, under Animal Husbandry, AWBI, CZA, NTCA, WCCB and National Biodiversity Authority establishments.
2. Supply the approval and permission, granted as stated above, along with many grievances, uploaded on PG Portal, related to NIAW and AWBI.
3. Supply copies of objections, if any."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/669665 Relevant facts emerging from complaint:
RTI application filed on : 13.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
Page 89 of 111The Complainant filed an (online) RTI application dated 13.10.2022 seeking the following information:
"As per section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain but all public servants are enjoying special status at the berth of AWBI, hence under section 76 of Indian Evidence Act, read with RTI, supply complete details, copies and communication with concerned file notings, related to reconstitutions of AWBI, keeping in view Prevention of Cruelty to Animals (Elections of Members of Animal Welfare Board) Rules, 1961, read with PCA Act, 1960 provisions and compliance of 5 freedoms of cow progeny, related to:
1. Notifications about reconstitution of AWBI, since last 5 years with the present status of AWBI.
2. Point wise strict Compliance of statuary provisions, as per section 4 to 10 of PCA Act, 1960.
3. Complete details and list, related Powers delegated under, different sections of PCA Act, 1960.
4. Complete details and list of contributions of each members of AWBI, since last 5 years, related to animal welfare.
5. Complete details and list of amount incurred upon, each members - berth holders of AWBI, since last 5 years, by the AWBI.
6. Complete details about medicinal values of beef and veal.
7. Complete details and research on the medicinal values of panchgavya.
8. Copies of agendas and AWBI decisions about cow, granting as National status along with panchgavya.
Information as required be sent via mail and uploaded online."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/669668 Page 90 of 111 Relevant facts emerging from complaint:
RTI application filed on : 13.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Complainant filed an (online) RTI application dated 13.10.2022 seeking the following information:
"As per PETA India inspection during November 2012 to July 2013 about 16 circuses and report was accepted by AWBI, without action, lodging FIR, destroying evidences, violating section 36 of PCA Act, 1960 being criminal conspiracy, whereas AWBI granted permission Camel as performing animal, without any transportation rules?:
After receiving a complaint from PETA India, Mysuru police registered a first information report (FIR) on 9 October, 2022, against the proprietor of Great Bombay Circus for cutting the wings of birds used in its performances, to prevent them from flying away. The PETA India investigator further observed that the circus was also using dogs and birds to perform acts which were not registered with the Animal Welfare Board of India (AWBI) for instance, the dogs are made to walk sideways on their front legs on the edge of the ring, while the birds are made to pull a miniature cart as another bird balances on it. The AWBI is the prescribed authority under the Prevention of Cruelty to Animals (PCA) Act, 1960, which regulates the use of animals for performances in the country.
The FIR was registered at the Nazarbad police station, Mysuru, for a cognisable offence under Section 429 of the Indian Penal Code, 1860, for maiming the birds. Further, the FIR also records violation of sections 3 and 11(1)(a) (for causing unnecessary and pain and suffering to animals, 11(1) (1) (for mutilation of birds), and sections 26 and 38 (for performing unregistered acts/tricks) of the PCA Act, 1960.
Several AWBI inspections and numerous investigations by PETA India prove that circuses using animals are inherently cruel: in them, animals are continuously chained or confined to small, barren cages, deprived of Page 91 of 111 veterinary care and adequate food, water, and shelter and denied everything thats natural and important to them. Through physical abuse with weapons, they are forced to perform confusing, uncomfortable, and even painful tricks. Many display stereotypic, repetitive behaviour indicative of extreme stress.
Where are Camels, confiscate and rehabilitate them, likewise recall all permissions granted by AWBI, to the birds under cover performance, to break criminal syndicate between public servants with offenders?
As per section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain but all public servants are enjoying special status at the Berth of AWBI, hence under section 76 of Indian Evidence Act, read with RTI, supply complete details, copies and communication with concerned file notings, AWBI comments, introduce mechanism and action taken reports, via email, related to:
1. Complete details, present status, genders, species, age and documents, in case exotic animals and birds, with circuses, since begging till date, especially camels.
2. Action taken reports on MEMORANDUM: DOAHD-E-2022-00853, along with complainants lodged by Kadyan family, against circuses."
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/AWBIC/C/2023/670184 Relevant facts emerging from complaint:
RTI application filed on : 11.10.2022 CPIO replied on : Not on record First appeal filed on : NIL
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
Page 92 of 111The Complainant filed an (online) RTI application dated 11.10.2022 seeking the following information:
"As per section 74 of Indian Evidence Act, read with section 4 of RTI Act, all public documents be in public domain but all public servants are enjoying special status at the Berth of AWBI, hence under section 76 of Indian Evidence Act, read with RTI, supply complete details, copies and communication with concerned file notings, AWBI comments, introduce mechanism and action taken reports, via email, related to:
1. Tiger as National Animals of India, without any authority, rules and regulations
2. Lotus lost National flower status without any notification
3. Elephant as National Heritage animal, only via NBWL resolution as no legal provision.
4. Peacock as National bird of India, without any authority, rules and regulations
5. Dolphin Declared National Aquatic Animal of India, without any authority, rules and regulations.
6. Animal scanner may be installed at each toll plaza, preventing cruelty against cow progeny, interstate smuggling as well.
7. Special vehicle for cow transportation, duly approved by Transport Department.
8. Restore 5 freedoms for cow, as per court orders.
9. STOP treating cow as goods, vehicle, commodity, agriculture products.
10. Ban on cow slaughtering, ensuring Right of Life, as one of freedoms, as per court orders.
11. Present Status and action taken of all public grievances, moved by Naresh Kadyan, since last 50 years, to adopt grant and decorated cow with National status.Page 93 of 111
12. Cow as National Cattle of India, National Heritage animal of India, and it can easily be possible:
A). As per section 9(k) of the prevention of Cruelty to Animals Act, 1960, AWBI easily approved agenda, advisory for educational purpose, related to cow and pancghgavya.
B). As per section 10 of the prevention of Cruelty to Animals Act, 1960, AWBI easily approved agenda, to issue Regulation, related to cow and pancghgavya.
Treated as agenda before AWBI, Gujarat AW Board and DSPCA at Ahmedabad-Gandhinagar.
Baby Viyana Berwal via her grandpa Naresh Kadyan"
Having not received any response from the CPIO, the complainant filed a First Appeal dated NIL. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Absent.
Respondent: Dr. S.K. Dutta, Joint Commissioner-cum-Secretary, Ms. Prachi Jain, CPIO-cum-Assistant Secretary, Dr. S. Bharat Kumar, AWBI and Mr. Vikram Chandravanshi, Legal Advisor/AWBI, attended the hearing in person.
The Complainant did not participate in the hearing despite service of the hearing notice.
The Commission interjected and remarked the Respondent that in most of the cases, no reply had been submitted by the Complainant while filing of the Complaints under Section 18 of the RTI Act before the Commission.Page 94 of 111
In response, Ms. Prachi Jain, CPIO-cum-Assistant Secretary, submitted that all the 60 RTI Applications under question have been replied by their office within stipulated timeframe as per the provisions of RTI Act. She added that that the Complainant is a habitual RTI Applicant who had filed multiple RTI Applications flagging the same concern which pertains to animal cruelty and animals being treated as luggage carriers and seeking non -specific information which is outside Section 2(f) of RTI Act. She further added that the Complainant on an average is filing 56-60 RTI Applications every month in their office and is also raising the same issues through CPGRAMs which have all been responded to by their department. Even otherwise, 2 FIRs have been filed by the Respondent against the Complainant one under Sections 403, 406, and 420 of the Indian Penal Code for misappropriation of government funds and another under Sections 342, 348, 506(4), 170, and 114 for extortion of money by impersonating himself as a government official. These instances further demonstrate a pattern of behavior that disrupts public administration and wastes valuable resources. She further requested the bench to grant her two days' time to file their written submissions. The bench acceded to her request.
After the conclusion of the hearing, a written submission has been received from Dr. S.K. Dutta, Joint Commissioner-cum-Secretary, AWBI, vide letter dated 05.12.2024, wherein the Commission has been apprised as under:
"With reference to the above cited subject, it is stated that the Board had replied to all 60 RTI applications as well as the first appeals in respect of these RTI applications of Sh. Naresh Kadyan and the details of the same are attached at Annexure-1.
2. In addition, I would like to bring to your kind attention a pressing matter regarding the persistent misuse of the RTI Act, 2005, by Sh. Naresh Kadyan, which has caused significant disruptions and harassment to government officials while wasting public resources.
2. In this regard, it is submitted that, Sh. Kadyan has filed 125 complaints with the Central Information Commission since 2022 and submitted 214 RTI applications, many under the name of his granddaughter, Baby Viyana Berwal. These applications are routinely vague, voluminous, repetitive, and often include requests for irrelevant, personal, or third-party information.
3. It is submitted that the Sh. Kadyan continue to misuse of the RTI mechanism, has a record of disruptive behaviour, including filing multiple frivolous grievances on CPGRAMS and sending abusive and derogatory emails targeting senior officials. Such conduct creates unnecessary pressure on government departments and hinders their ability to function effectively.Page 95 of 111
4. Further, it is stated that the Board had filed an FIR against Sh. Naresh Kadyan under Sections 403, 406, and 420 of the Indian Penal Code at the Police Station Mundakati, District Palwal, for misappropriation of government funds. Further, FIR No. 11208051201148 dated 18.06.2020 has been registered at Rajkot, Gujarat, under Sections 342, 348, 506(4), 170, and 114 for extortion of money by impersonating himself as a government official. These instances further demonstrate a pattern of behaviour that disrupts public administration and wastes valuable resources.
5. It is pertinent to note that the CIC, vide its order 04.01.2022 had previously warned Sh. Kadyan to exercise caution while using the RTI Act. The Commission specifically advised him to refrain from filing frivolous and voluminous applications that do not serve any substantial purpose. However, he has shown a blatant disregard for these directions, continuing to exploit the RTI mechanism.
6. Sh. Kadyan actions are not only detrimental to the efficient functioning of the government but also undermine the principles of transparency and accountability that the RTI Act seeks to promote. Judicial and CIC precedents discourage repetitive, vexatious, and frivolous RTI applications, which serve no public interest and cause unnecessary strain on public resources. Despite this, Sh. Kadyan continues to exploit the RTI mechanism for personal vendettas and harassment, disregarding the Commission's earlier warnings.
7. In view of the above, I humbly request the Commission to take immediate and stringent action against Sh. Naresh Kadyan to prevent further misuse of the RTI Act.
Additionally, it is requested to restrict Sh. Kadyan to file frivolous applications and addressing his abusive and disruptive behaviour, are necessary to protect the sanctity of the RTI mechanism and ensure the efficient functioning of public institutions.
8. Looking forward to your swift intervention in this matter will uphold the integrity of the RTI framework and safeguard public resources from being exploited for personal interests.
The contents of Annexure-1 is as under:
Second Appeal Date of
Date of RTI Content of RTI Reply
No. Reply
CIC/AWBIC/C/202 14.12.2022 30.12.2022 Ans.1: The information sought is not clear.
3/611324 Ans.2: The information sought regarding the grants, donations
received by the Board along with the list of grant-in-aid released to the recognized AWOs is uploaded the Annual Report upto the year 2019-20 which was laid in both the houses of Parliament and the same is available in the website:
www.awbi.in. However, the Annual report for the year 2020-21 and 2021-22 will be uploaded in the website: www.awbi.in only after the same is laid before both the houses of Parliament. Ans.3: The information of the grant-in-aid released under the Scheme of Provision for Construction of Shelter House and Scheme of Ambulance for the Animals in distress is available in the website: www.awbi.in.
Ans.4: The matter regarding replacement of PCA Act, 1960 is under consideration of the Ministry. Hence, the information in this regard maybe sought from the Department of Animal Page 96 of 111 Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying directly.
Ans.5: The information sought is beyond retention period. CIC/AWBIC/C/202 20.03.2023 14.04.2023 Ans.1 & 2: The Rules are notified by the Ministry. Hence, the 3/628050 information sought is not available with the Board. The same may be obtained from the concerned Ministry.
CIC/AWBIC/C/202 21.03.2024 17.04.2023 Ans.1: The Ministry has not yet forwarded the approval of 3/628086 the proposed schemes as mentioned. Hence, no budget, has been allotted or sanctioned or disbursed by the Board. Ans.2 to 4: The information sought is available in the public domain.
Ans.5. & 9: No information is sought in this question. Ans.6: The matter is under consideration of the Ministry. Ans.7: The information sought is not clear. Applicant to provide period and exact information sought.
Ans.8: The matter is not dealt by AWBI and is dealt by the Ministry of DGFT.
CIC/AWBIC/C/202 01.05.2023 31.05.2023 The information sought was already provided in RTI 3/646881 No.AWBIC/R/E/23/00051 dated 10.04.2023 on 18.04.2023 through RTIMIS portal.
CIC/AWBIC/C/202 28.10.2022 25.11.2022 Ans.1 : No information is sought in this question. 3/600787 Ans.2: The Board is issuing the advisories / circulars to the concerned officials of the State Governments and UTs to protect the five freedoms and to prevent unnecessary pain or suffering to animals. The Board is also drafting the Rules for the welfare of animals from time to time and forwards the same to the Central Government for consideration and notifying the same.
Ans.3: The guidelines for recognition of the Board and the application are available in the website: wwwi.awbi.in. The recognition of AWBI is not mandatory.
Ans.4: It is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005. Ans.5: I am directed to inform you that as per the decision dated 3.4.2008 of the Hon'ble High Court of Bombay at Goa in Writ Petition No.419 of 2007 in the case of Dr.Celsa Pinto Vs Goa State Information Commission, that the term "information" as defined in the Right Information Act does not include answers to the question like "why". The relevant par of Judgement is reproduced below:-
"The definition of information cannot include within its fold answers to the question "why" which would be same thing as asked the reason for a justification for a particular thing. The Public Information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justification are matter within the domain of adjudicating authorities and cannot properly be classified as information".
The Board has issued a letter no.13-6/2020-21/Misc. dated 23.11.2020 wherein it was stated that Animal Welfare Organisations (having multiple purpose activities) have to renew their recognition with the Board after every five years. Accordingly, the Board had requested all the recognized AWOs to submit the details in the prescribed proforma for renewal of their organization. Further, the Department of Animal Husbandry of all the State Governments/UTs were requested to provide the status of the recognized AWOs functioning in their respective States/ UTs.
Page 97 of 111Ans.6: The matter regarding replacement of PCA Act, 1960 is under consideration of the Ministry. Hence, the information sought regarding copies of the proposal maybe sought from the Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying directly.
CIC/AWBIC/C/202 01.09.2022 8.9.2022 Ans.1 &2: The list of slaughter houses & meat shops is not 3/600788 available with the Board. The same can be available with the respective State Government and FSSAI.
Ans.3 to 5: The Central Government has enacted the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 and the provisions of the Rules are to be followed for slaughtering.
Ans.6,7,8: The information sought is not available with the Board.
Ans.9: The Board is taking all efforts to see that the animals are not subjected to unnecessary pain or suffering. CIC/AWBIC/C/202 20.10.2022 18.11.2022 Ans.1 & 2: The information sought is available on the website 3/600812 of DAHD and the link is:
https://dahd.nic.in/sites/default/filess/20th%20Livestock%20c ensus-2019% 20All%20India%20Report_0.pdf Ans.3: The information sought is not available with the Board. Ans.4, 5 & 8: The information sought is not maintained by the Board.
Ans.6: The Board has issued several advisories and circulars to the State Governments/UTs dated 12.07.2018 and 27.02.2021 regarding the responsibilities of the local bodies to take care of stray animals and the same is available in the website:
www.awbi.in Ans.7: As per the directions of the Hon'ble Supreme Court of India, the five freedoms are:
• Freedom from Hunger and Thirst. By ready access to fresh water and diet to maintain health and vigor. • Freedom from Discomfort. ...
• Freedom from Pain, Injury or Disease. ...
• Freedom to Express Normal Behavior. ...
• Freedom from Fear and Distress.
Ans.9: The mandate of the Board is to prevent the unnecessary or suffering to animals and to implement the Prevention of Cruelty to Animals Act, 1960 and its Rules made thereunder. Ans.10: The information sought regarding the recurring grant in aid under the Schemes operated by the AWBI is available in the website: www.awbi.in.
Ans.11: The grant-in-aid received from the Ministry has been utilized for the implementation of the various Schemes implemented by the Board, viz., Regular Grant, Rescue Grant, Shelter Grant, Ambulance Grant, ABC Grant and Natural Calamities Grant.
The list of the organization from whom the utilization certificate is pending against the grant-in-aid released to the recognized AWOs/Gaushalas, is available on the website: www.awbi.in.
Ans.12: The AWBI has lodged FIR against Shri Naresh Kadyan (applicant) in regard to the grant given to People for Animals, Haryana under Shelter House Grant. The matter is still pending. Ans.13: The information sought is not clear.
Ans.14: The information sought has already been provided in earlier RTIs as per CIC directions.Page 98 of 111
CIC/AWBIC/C/202 21.10.2022 18.11.2022 Ans.1 : The Board has forwarded the order dated 7.5.2014 in 3/600824 SLP(C)No.11686 of 2007, Animal Welfare Board of India Vs A. Nagaraja & others to the Chief Secretary of all the States/UTs for necessary compliance.
Ans.2: The information sought is available in the public domain.
Ans.3: I am directed to inform you that as per the decision dated 3.4.2008 of the Hon'ble High Court of Bombay at Goa in Writ Petition No.419 of 2007 in the case of Dr.Celsa Pinto Vs Goa State Information Commission, that the term "information" as defined in the Right Information Act does not include answers to the question like "why". The relevant par of Judgement is reproduced below:-
"The definition of information cannot include within its fold answers to the question "why" which would be same thing as asked the reason for a justification for a particular thing. The Public Information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justification are matter within the domain of adjudicating authorities and cannot properly be classified as information".
Ans.4: The action taken report on all the public grievances is available in the public domain.
Ans.5: It is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005. Ans.6: The draft Prevention of Cruelty to Animals (Animal Market) Rules, 2018 was published by the Central Government. However, the same are yet to be notified.
CIC/AWBIC/C/202 21.10.2022 18.11.2022 Ans.1, & 8: This is mere a statement and no information has 3/600832 been sought by the applicant.
Ans.2: The AWBI has not prepared the SOP for the transportation of Camels and Elephants. The information sought is not available with the Board.
Ans.3, 5 & 7: It is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005.
Ans.4, 6, 9, 10 & 11: The information sought is not available with the Board.
Ans.12: The information sought is not clear.
CIC/AWBIC/C/202 24.10.2022 21.11.2022 Ans.1: The Prevention of Cruelty to Animals (Election of 3/601279 Members to Animal Welfare Board) Rules, 1961 is not available with the Board as it was notified by the Ministry before the establishment of the Animal Welfare Board of India. Ans.2: The question is incomplete.
Ans.3: The copy of the Prevention of Cruelty to Animals (Amendment) Act, 1982 is already available in the website: www.awbi.in.
Ans.4 & 5: The information sought is not available. Ans.6: The action taken report on all the public grievances is available in the public domain.
CIC/AWBIC/C/202 24.10.2022 21.11.2022 Ans.: The information sought is beyond retention period. 3/601309 However, the information of the grant-in-aid released under the Scheme of Ambulance for the Animals in distress since 2007-08 is available in the website: www.awbi.in.
CIC/AWBIC/C/202 24.10.2022 21.11.2022 Ans.1 to 9: The information sought is beyond retention period. 3/601310 However, the information of the grant-in-aid released Page 99 of 111 under the Scheme of Shelter Grant, Ambulance Grant, ABC Grant, Natural Calamity Grant since 2007-08 is available in the website: www.awbi.in.
CIC/AWBIC/C/202 28.10.2022 25.11.2022 Ans.1 : The complete list of Committees of the Board is 3/602104 available in the website: www.awbi.in. However, the details of the contribution of animal rights and their welfare are not maintained.
Ans.2: The information sought is not clear.
Ans.3: The applicant to seek specific information regarding particular meeting with date and specify time period for providing the information. However, the minutes of the meetings of the Board is available in the website; www.awbi.in.
Ans.4: The adjudicating authority at the time of CIC hearing has directed the CPIO, AWBI to not to disclose such information in future RTIs.
Ans.5: The information sought is vague and it is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005.
Ans.6: There is no specific criteria or eligibility to get berth in the committees. The Board in exercise its powers under Rule 16(2) of the Animal Welfare Board (Administration) Rules, 1962 may appoint any person in the Committee or Sub-committee of the Board as it may consider necessary and suitable. Ans.7 & 8: The information sought is not clear.
CIC/AWBIC/C/202 28.10.2022 25.11.2022 Ans.1: The Prani Mitra Awards and Jeevdaya Award were given 3/602105 prior to the year 2002 and could not be held further due to administrative reasons till 2021. Hence, the information sought regarding complete list of Award holders till 2002 is beyond the retention period. However, the information of the Award holders of the year 2021 is attached.
Further, it is informed that achievements and activities submitted by the Awardees along with their application are the third party information. Hence, the information can be provided with the consent of the concerned persons only. Ans.2: The Board has issued advisories /circulars on various subjects and the same is available in the website: www.awbi.in Ans.3: The Board has issued only one regulation Animal Welfare Board (Executive Committee) Regulation, 1964 which is already provided in earlier RTIs.
Ans.4 & 9: The information sought may be treated as NIL. Ans.5: The Board has not prepared any compendium as per the order passed in CWP No.309 of 2003. The Ministry of Environment, Forest and Climate Change has issued the compendium. Hence, the information may be obtained from the Central Government.
Ans.6: The action taken report on all the public grievances is available in the public domain and can be sought from the concerned administrative Ministry.
Ans.7: The matter regarding replacement of PCA Act, 1960 is under consideration of the Ministry. Hence, the information sought regarding copies of the proposal maybe sought from the Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying.
Ans.8: The matter regarding special meeting is under consideration of the Administrative Ministry.
CIC/AWBIC/C/202 29.10.2022 25.11.2022 Ans.1 to 7: It is informed that "this" does not come under Page 100 of 111 3/602106 definition of "information" under Section 2(f) of the RTI Act, 2005.
Ans.8: The action taken report on all the public grievances is available in the public domain and can be sought from the concerned administrative Ministry.
Ans.9: The information sought is not available with the Board.
CIC/AWBIC/C/202 28.10.2022 25.11.2022 Ans.1 & 2: The information sought is not available with the 3/602107 Board.
Ans.3: The action taken report on all the public grievances is available in the public domain and can be sought from the concerned administrative Ministry.
Ans.4: The Board has uploaded the Annual Report upto the year 2019-20 which was laid in both the houses of Parliament and the same is available in the website: www.awbi.in. However, the Annual report for the year 2020-21 and 2021-22 will be uploaded in the website: www.awbi.in only after the same is laid before both the houses of Parliament. Ans.5 : The information sought is not clear. The applicant to provide complete detail of the grievances transferred, if any for providing the information.
CIC/AWBIC/C/202 29.10.2022 25.11.2022 Ans.1 to 7: The information has already been provided in the 3/602108 RTI No. AWBIC/R/E/22/00204 dated 28.10.22. However, it is informed that the Committee for Control and Supervision of Experiments on Animals is not constituted under AWBI. Ans.8: The information sought is not available with the Board. The information may be obtained from the DAHD or Committee for Control and Supervision of Experiments on Animals directly.
CIC/AWBIC/C/202 31.10.2022 30.11.2022 Ans.: The applicant has provided mere statement and no 3/602620 questions have been raised.
However, the information regarding 120 de-recognised AWOs provided in the RTI No. AWBIC/R/E/22/00210 dated 30.10.22 CIC/AWBIC/C/202 30.10.2022 30.11.2022 Ans.1: The information sought is huge and voluminous and is 3/602621 covered under Rule 7(9) of the RTI Act, 2005.
Ans.2 & 6: The files related to 120 de-recognised animal welfare organisations is not traceable.
Ans.3 to 5: The information sought is NIL CIC/AWBIC/C/202 14.12.2022 13.01.2023 Ans.1: The information sought regarding the recurring grant in 3/61 1153 aid under the Schemes operated by the AWBI since 2004 is available in the website: www.awbi.in. Further, it is informed that the Schemes were implemented by the administrative Ministry before 2004 and transferred to the AWBI from the then Ministry in 2004-05.
Ans.2 to 4: The information sought is beyond retention period. CIC/AWBIC/C/202 31.12.2022 13.01.2023 Ans.1: The list of scheme wise grant in aid released to AWOs 3/613963 and other beneficiaries is available in the website:
www.awbi.in.
Ans.2: The assets of the NIAW were handed over to AWBI vide letter dated 17.06.2021. Accordingly, it is informed that no specific budget was allotted by the administrative Ministry for NIAW since 2021-22 onwards. Hence, no expenditure was made.
Ans.3: The NIAW and AWBI are separate and independent bodies. The list of trainees who were trained in NIAW is enclosed.
Ans.4: The information sought regarding the copies of surety is not clear and voluminous.Page 101 of 111
Ans.5: The details of the amount received by the Board after the condemnation of the Ambulance by the AWOs/Gaushalas had already been provided in the earlier RTIs after the CIC direction vide letter no.25-125/2020-21/RTI/CIC dated 02.11.2022.
Ans.6: The information sought is third party information and beyond the retention period.
CIC/AWBIC/C/202 12.01.2023 10.02.2023 Ans.1 to 3: The information sought is not clear. 3/616019 Ans.4: The Board has forwarded the proposed amendments to the Prevention of Cruelty to Animals (The Transport of Animals) Rules, 1978 and the Prevention of Cruelty to Animals (The Transport of Animals on Foot) Rules, 2001 to the Secretary, Department of Animal Husbandry and Dairying vide letter no.F.No.6-3/2020-21/PCA/Rules dated 07.03.2023 as per the directions of the Hon'ble High Court of Delhi in camel matter. CIC/AWBIC/C/202 12.01.2023 10.02.2023 Ans.: The Board has released grant-in-aid under the Scheme for 3/616020 Provision of Shelter Houses for Looking after the animals and the list is available in the website: www.awbi.in. The information related to the present status of the AWOs is awaited from the concerned State Governments/UTs. CIC/AWBIC/C/202 16.01.2023 13.02.2023 Ans.1: The information sought is available in the public 3/616929 domain.
Ans.2: The information sought has already been provided in RTI No.AWBIC/R/E/22/00162 dated 21.10.2022. CIC/AWBIC/C/202 20.01.2023 17.02.2023 Ans.1: The information sought is beyond Section 2(f) of the RTI 3/617343 Act, 2005.
Ans.2: The Board is receiving the fine amount under Prevention of Cruelty to Animals (Application of Fines) Rules, 1978 and the details are provided in the Annual Report of the Board. Ans.3: : The Board has uploaded the Annual Report upto the year 2019-20 which was laid in both the houses of Parliament and the same is available in the website: www.awbi.in. However, the Annual report for the year 2020-21 and 2021-22 will be uploaded in the website: www.awbi.in only after the same is laid before both the houses of Parliament. CIC/AWBIC/C/202 20.01.2023 17.02.2023 Ans.1: The information sought is not maintained by the Board. 3/617345 Ans.2 & 3: The information sought is available in the public domain.
CIC/AWBIC/C/202 19.01.2023 17.02.2023 Ans.1: The Board has not issued any permission under Section 3/617346 27 under Prevention of Cruelty to Animals Act, 1960.
Ans.2: The information sought is available in the public domain.
Ans.3: The Board had transferred amount of Rs.500/- to Ms. Sukanya Kadyan, Account No.048801515795, ICICI Bank, New Delhi IFSC Code: ICIC0000488 dated 19.02.2020 vide ref No.SBIN420050422570 through RTGS/NEFT. Ans.4 & 6: The information sought is beyond Section 2(f) of the RTI Act, 2005.
Ans.5: The applicant to provide time period and details for providing the information.
CIC/AWBIC/C/202 20.01.2023 17.02.2023 Ans.1 to 3: The information sought regarding humane 3/617347 capturing of stray dogs is given in the AWBI Revised Module which is available in the website: www.awbi.in CIC/AWBIC/C/202 20.01.2023 17.02.2023 Ans.1 to 7 & 10 to 12: The AWBI regularly issue advisories and 3/617348 circular to the concerned Government department, Animal Page 102 of 111 Welfare Organisations and others for proper implementation of PCA Act, 1960 and Rules made their under with the view of preventing unnecessary pain or suffering to animals generally and to uphold the 5 freedoms of the animals including Bulls referred by the Supreme Court of India.
In addition to the above, the AWBI regularly advises Central Government for amendment of existing Rules and other issues pertaining to the animal welfare to prevent unnecessary pain or suffering to the animals.
The AWBI also forward the complaints of cruelty / grievance to the State Governments to take action against the offenders for violation of PCA, Act, 1960 as per law. The Board had issued a circular letter dated 14.08.2020 to Chief Secretary and Director General of Police of all the State Governments/UTs regarding harassment to the people showing compassion to animals, also to take matter pertaining to the proper implementation of PCA, Act, 1960.
The AWBI is also regularly coordinating with the association or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds. Also, conduct training programs for Honorary Animal Welfare Representatives. The Board also conducts Humane education programs.
The matter related to performance of Bulls in Jallikattu and other related matters are pending before the Hon'ble Supreme Court of India.
Ans. 8 & 9. The Amendment to the Prevention of Cruelty to Animal Act, 1960 is under consideration of the Central Government.
CIC/AWBIC/C/202 22.01.2023 20.02.2023 Ans.1 & 2: The powers are delegated through Rules which are 3/617349 available in the public domain.
The AWBI has delegated the responsibility for issuing of certificate under Rule 96 of the Transport of Animals (Amendment) Rules, 2001 to the Department of Animal Husbandry and the same is available in the website:
www.awbi.in.
CIC/AWBIC/C/202 22.01.2023 20.02.2023 The information sought is not clear. 3/617405 CIC/AWBIC/C/202 04.02.2023 06.03.2023 Ans.1: The Ministry of Environment and Forests has issued the 3/620213 notification no.GSR 528(E) dated 11.07.2011 restricting the use of following animals for exhibition or training as performing animals viz., Lion, Tiger, Panther, Bear, Monkey and Bull. The matter for using Bulls as performing animal is under the consideration of the Constitutional Bench of the Hon'ble Supreme court of India and the order is reserved. CIC/AWBIC/C/202 07.02.2023 06.03.2023 Ans.1: The Board has cancelled the registration of Great 3/620582 Golden Circus. However, the information sought regarding the action taken by Central Zoo Authority and Local Police B- Division of Rajkot, Gujarat is not available with the Board.
CIC/AWBIC/C/202 05.03.2023 03.04.2023 Ans.1, 2 & 4: The information sought is not available as it is 3/626000 beyond the retention period.
Ans.3: The list of faculty of NIAW is not available. However, the list of faculty of AWBI of the current year is as below:
1. Mrs. Manisha T. Karia
2. Dr. Debalina Mitra Page 103 of 111
3. Dr. S.F. Zaman
4. Dr. Ashutosh Joshi
5. Ms. Gauri Maulekhi
6. Dr. Vijay Kumar
7. Dr. Devendra Ans. 5: The information sought is not available.
Ans. 6: It is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005. CIC/AWBIC/C/202 02.03.2023 28.03.2023 Ans.1 & 2: The copy of the action taken report on the public 3/626001 grievances are available in the public domain. In regard to FIR, it is stated that the Board has filed only one FIR against you bearing No. 149 dated 19.06.2020 at Police Station-Mundkatti, Palwal, Haryana which is pending.
Ans.2: No information has been sought in this question. CIC/AWBIC/C/202 25.03.2023 24.04.2023 1 & 4 - I am directed to inform you that as per the decision 3/629788 dated 3.4.2008 of the Hon ble High Court of Bombay at Goa in Writ Petition No.419 of 2007 in the case of Dr.Celsa Pinto Vs Goa State Information Commission, that the term information as defined in the Right Information Act does not include answers to the question like why. The relevant par of Judgement is reproduced below- The definition of information cannot include within its fold answers to the question why which would be same thing as asked the reason for a justification for a particular thing. The Public Information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justification are matter within the domain of adjudicating authorities and cannot properly be classified as information.
2 - The information sought is beyond the retention period. Moreover, as per the decision of the Board, all the organizations to whom grants were sanctioned and released under the Scheme of Shelter House and Ambulance Services are being reviewed for further action.
3 & 5- The Information sought is not available. CIC/AWBIC/C/202 10.04.2023 18.04.2023 The information sought is not available with the Board. 3/630168 CIC/AWBIC/C/202 17.04.2023 18.04.2023 The information sought is not clear. 3/633274 CIC/AWBIC/C/202 21.04.2023 19.05.2023 The information has been obtained from the CCSEA and the 3/633275 reply is as under -
1. The CCSEA is duty bound to take all such measures as may be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during or after performance of experiments on them. The establishments engaged in Bio medical education, research, breeding and trading of Laboratory animals are required to get registered with CCSEA and to constitute Institutional Animal Ethics Committees IAECs. The IAECs are responsible for approving Research Protocols on Small Animals and to examine and recommend Research Protocols on Large Animals to the CCSEA.
2.Such details are not been maintained.
3.As per the records, no FIR has been lodged by the CCSEA Page 104 of 111 against any establishment.
4.List of public servants, nominated to CCSEA is as per Gazette Notification S.O. 4595 E dated 02.11.2021 Annexure-I. Further, the details of Nominees, nominated to establishment recognized - de-recognized and the copies of permission from their parents Departments may not be provided under Section 8 1 d of the RTI Act 2005 on the ground that the disclosure of which would harm the competitive position of a third party.
5.The status of this information is available on public domain at PMOPG Portal.
CIC/AWBIC/C/202 08.05.2023 05.06.2023 Ans.1 to 4: The information sought is not available with the 3/633312 Board.
Ans.5 to 9: The information sought is available in the Public Domain.
CIC/AWBIC/C/202 24.04.2023 19.5.2023 1. No information is maintained by the Board regarding file 3/634001 noting for uploading the judgement on official website.
However, the said judgment is available in the website of the Board.
2. No information is available regarding the complaints received by the Board. However, the list of complaints received and action taken by the Board is available in the website.
3. The application received for renewal of recognition is under consideration and the details will be uploaded after renewal of the recognition.
4. It is the responsibility of the local bodies to take care of stray animals including accidental animals and the Board has issued advisories dated 12.07.2018 and 27th February, 2020 and the same is available in the website.
5. It is informed that the information sought regarding number of stray dogs, stray dog attacks and number of death due to stray dogs attacks in India is not available with the Board. The information regarding stray dog attack and death due to stray dogs is available with the Health and Family Welfare, Government of India.
CIC/AWBIC/C/202 24.04.2023 18.5.2023 1 and 2- The details of grant-in-aid released to the recognised 3/634003 Animal Welfare organisations including Gaushalas for welfare of stray and abandoned animals in the last five years is attached.
3 and 4- The information sought is not available with the Board.
5- The AWBI regularly issue advisories and circular to the concerned Government department, Animal Welfare Organisations and others for proper implementation of PCA Act, 1960 and Rules made their under with the view of preventing unnecessary pain or suffering to animals generally and to uphold the 5 freedoms of the animals including Bulls referred by the Supreme Court of India. In addition to the above, the AWBI regularly advises Central Government for amendment of existing Rules and other issues pertaining to the animal welfare to prevent unnecessary pain or suffering to the animals. The AWBI also forward the complaints of cruelty and grievance to the State Governments to take action against the offenders for violation of PCA, Act, 1960 as per law. The Board had issued a circular letter dated 14.08.2020 to Chief Secretary and Director General of Police of all the State Governments and UTs regarding harassment to the people showing compassion to animals, also to take matter pertaining to the proper implementation of PCA, Act, 1960. The AWBI is also regularly Page 105 of 111 coordinating with the association or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds. Also, conduct training programs for Honorary Animal Welfare Representatives. The Board also conducts Humane education programs.
CIC/AWBIC/C/202 08.5.2023 02.06.2023 The matter regarding the formation of the draft transport rules 3/637004 on Camels was forwarded to the Ministry for taking further necessary action. The copy of the same was already sent to you in earlier RTI No.5-59/2021-22/RTIMIS dated 10.02.2023.
The CPIO is required to provide the information available in the records and not to create the information.
The renewal of recognized animal welfare organizations is under process. However, the list of recognized animal welfare organizations is available in the website: www.awbi.gov.in and the link is:
https://awbi.gov.in/uploads/documents/169104806215List%2 0of%20Recognised%20AWOs%20Active.pdf CIC/AWBIC/C/202 21.5.2023 18.6.2023 Ans.1- The information sought is not maintained by the Board. 3/638102 The order dated 18.05.2023 is under examination of the Board.
Ans.2 and 3- It is informed that this does not come under definition of information under Section 2f of the RTI Act, 2005. Ans.4. The information sought is related to the third party information.
Ans.5. No information is available with the Board. CIC/AWBIC/C/202 10.6.2023 7.7.2023 Ans.1: The then Ministry has issued a notification regarding 3/641754 ban of species for exhibiting or training as performing animal under Section 22 vide GSR 691(E) dated 14.10.1998. Whereas as per Section 27(b) of the Prevention of Cruelty to Animals Act, 1960, exemption is given for the Zoological Garden or any society who has its principal object to exhibit the animals for education or scientific purpose.
Ans.2: The information sought is not available. Ans.3: The Board had transferred amount of Rs.500/- to Ms. Sukanya Kadyan, Account No.048801515795, ICICI Bank, New Delhi IFSC Code: ICIC0000488 dated 19.02.2020 vide ref No.SBIN420050422570 through RTGS/NEFT.
CIC/AWBIC/C/202 05.07.2023 3.8.2023 Ans.1: The copy of the circular no.12-12/2016-17 Accts dated 3/645537 28.09.2016 issued to all the recognised AWOs for registration under NGO Darpan Portal is available in the website:
https://awbi.gov.in/uploads/circular/163282209937lr_niti_aay og.pdf .
Ans.2: The grant-in-aid released under the Scheme of Regular Grant, Rescue Grant, Shelter Grant, Ambulance Grant, ABC Grant, Natural Calamity Grant is available in the website: https://awbi.gov.in/view/index/financial-assistance Ans.3: The information sought is not available with the Board. CIC/AWBIC/C/202 27.01.2023 24.02.2023 Ans.1: The information sought is regarding the question 3/646043 answered in the Parliament by the Ministry of Home Affairs is not available with the Board. The action taken in regard to CWP 2045/2022 is enclosed.
CIC/AWBIC/C/202 28.01.2023 24.02.2023 Ans.1: The information sought is not available with the Board. 3/648570 Ans.2 to 4: No information is sought in this question.
CIC/AWBIC/C/202 15.02.2023 14.03.2023 Ans.: The copy of the letter issued by the Board to the Chief Page 106 of 111 3/648592 Secretary of all the State Governments forwarding the order dated 7.5.2014 is enclosed. Further other information sought is not clear.
CIC/AWBIC/C/202 20.02.2023 17.03.2023 Ans.1 to 6 & 10 to 12: The AWBI regularly issue advisories and 3/648675 circular to the concerned Government Department for proper implementation of PCA Act, 1960 and Rules made their under with the view of preventing unnecessary pain or suffering to animals generally and to uphold the 5 freedoms of the animals referred by the Supreme Court of India .
In addition to the above, the AWBI also advises Central Government in regard to the animal welfare or the Prevention of infliction of unnecessary pain or suffering on animals.
The AWBI is regularly issuing several letters to the State and local police authorities in regard to register FIR for the violation of PCA, Act,1960 and take stringent action for the crimes against the animals. The Board had also issued a letter dated 14.08.2020 to Chief Secretaries and Director General of Police of all the states in regard to initiate appropriate action against harassment to the people showing compassion to animals as well as for proper implementation of PCA Act, 1960. Ans. 7. The AWBI is regularly coordinating with the work of association or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds. Also, conduct training programs for Honorary Animal Welfare Representatives. The Board regularly conducts Humane education programs.
Ans. 8 & 9 . The Amendment to the Prevention of Cruelty to Animal act, 1960 is under consideration of the Central Government.
CIC/AWBIC/C/202 08.05.2023 05.06.2023 Ans.1 to 4: The information sought is not available with the 3/648709 Board.
Ans.5 to 9: The information sought is available in the Public Domain.
CIC/AWBIC/C/202 22.02.2023 20.03.2023 Ans: The information sought is not available with the Board. 3/650485 The information may be available with the Wildlife Department of Government of Tamil Nadu.
CIC/AWBIC/C/202 17.08.2023 14.09.2023 Ans.1, 3 to 4: The information sought is not available with the 3/651083 Board.
Ans.2: The information sought is more than the retention period.
CIC/AWBIC/C/202 17.08.2023 14.09.2023 Ans.1 to 3: The information sought is not available with the 3/651088 Board.
Ans.4: The information sought is available in the public domain.
Ans.5: The CPIO can provide those information which are on record and not supposed to issue clarification or create any document for the purpose of providing information. The RTI request is not in accordance with the Section 2(f) of the RTI Act, 2005. Hence the information sought cannot be provided.
CIC/AWBIC/C/202 04.09.2023 03.10.2023 The information sought is not available with the Board. Further 3/652228 it is stated that the information related to grievance uploaded on the PG portal is available in the public domain. CIC/AWBIC/C/202 13.09.2023 10.10.2023 Ans.1: The information sought in regard to the public 3/653035 comments and notification regarding Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, Page 107 of 111 2023 is not available with the Board.
Ans.2: Information sought is not clear. However, it is informed that the Rules for Transport of Animals for camel is under consideration of the Ministry.
Ans.3: It is informed that "this" does not come under definition of "information" under Section 2(f) of the RTI Act, 2005. Ans.4: The information is available in the public domain. CIC/AWBIC/C/202 13.09.2023 03.10.2023 The information sought is not available with the Board. Further 3/653036 it is stated that the information related to grievance uploaded on the PG portal is available in the public domain. CIC/AWBIC/C/202 13.10.2022 07.11.2022 Ans.1 : In the last five years, there has been no notification 3/669665 about reconstitution of Animal Welfare Board of India. Hence, the information sought is not available.
The present status of the AWBI members is available in the website: www.awbi.in.
Ans.2 & 4: The information sought is not maintained by the Board.
Ans.3: The delegation of power under different Section of Prevention of Cruelty to Animals Act, 1960 is as per the existing Rules and Regulations published from time to time by the Central Government. It is pertinent to inform that there is no specific delegation of power by AWBI.
Ans.5: The information sought is not being provided as per the directions of the adjudicating authority of the CIC to the CPIO, AWBI to not to disclose such information in future RTIs. Ans.6 & 8: The information sought is not available with the Board.
Ans.7: The Board has conducted the two day seminar on Cowpathy on 15-16, December, 2021 regarding the importance of indigenous breeds and Panchagavya. The applicant is requested to seek specific information for providing it. CIC/AWBIC/C/202 13.10.2022 11.11.2022 Ans.1: The information sought has already been provided in RTI 3/669668 No. AWBIC/R/E/22/00162 dated 21.10.2022.
Ans.2: The action taken report on all the public grievances is available in the public domain.
CIC/AWBIC/C/202 11.10.2022 03.11.2022 Ans.1 to 10 & 12 (A) & (B): No information is sought in this 3/670184 question.
Ans.11: The action taken report on all the public grievances is available in the public domain.
"
Decision At the outset, it is observed from perusal of the written submission filed by the Respondent that the CPIO have provided suitable replies to all the RTI Applications of the Complainant within stipulated time frame as per the provisions of RTI Act but the Complainant while filing the instant Complaints before the Commission had willfully suppressed the averred replies. Thus, he has not approached the Commission with clean hands. The conduct is not appreciated.Page 108 of 111
The Commission observed that the present complaints were filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause or under any other clause of Section 18 of RTI Act. In this regard, the Commission relies on one judgment of Hon'ble Supreme Court in "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:-
"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the Complainant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."
The above ratio is applicable to this case as well. Since records of the cases do not indicate any such deliberate denial or concealment of information on the part of the CPIO, the Commission concluded that there was no cause of action which would necessitate action under the provisions of Section 20(1) of the RTI Act, 2005 in the instant complaint cases.
Be that as it may, the Commission further observes from the perusal of records that 380 Second Appeals/ Complaint cases of the Complainant against the same and different Public Authorities had already been heard and disposed of by different benches of the Commission. It is also worth noting that a total number of 62 Complaint cases including the present case are listed for today's hearing. The Complainant had filed numerous RTI Applications seeking similar information in his RTI Applications apparently to pressure the Public Authority rather than actual interest in getting the information. This intention of the Page 109 of 111 Complainant militates against the spirit of the RTI Act whose primary objective is providing information to the citizens. It appears that the Complainant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. The approach of the Complainant is against the spirit of the RTI Act and clogging the valuable time and resources of the Public Authorities. The Respondent has pleaded for remedy against repeated and humongous number of RTI applications and Appeals by the same person. In this regard, the Commission invites attention of the parties towards a judgement of the Hon'ble High Court of Kolkata in a case titled Biplab Kumar Chowdhury v. The State of West Bengal & Ors. WPA 3116 of 2022 wherein it was held as under and leave it to the respondent to choose a remedy. "...It appears from the documents annexed to the writ petition that the petitioner's ploy is to collect information under the Right to Information Act and thereafter use the said information to harass the private parties as well as the Municipality for unlawful gain. The conduct of the petitioner appears to be plainly harrassive and mala fide.
The averments and allegations made in the writ petition remains unsubstantiated. The writ petition is an abuse of the process of law and liable to be dismissed with costs.
The writ petition is accordingly dismissed with costs of Rs. 25,000/-(twenty-five thousand) only to be paid by the petitioner in the office of the West Bengal State Legal Services Authority within September 30, 2022."
In view of the above-said observations, the Commission advises the Complainant to make judicious and sensible use of his Right to Information Act in future instead of making it a tool to create undue pressure on the Public Authority.
The Complaints are dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 110 of 111 Copy To:
The FAA, Animal Welfare Board of India, 3rd Seaward Road, Valmiki Nagar, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai - 600041 Page 111 of 111 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)