Bombay Live-Stock Improvement Act, 19331
| [Bombay Act No. 22 of 1933] | [1st December, 1933] |
| [Adapted and modified by the Adaptation of Indian Laws Order in Council. Adapted and modified by the Adaptation of Laws Order, 1950, Amended by Bom. 35 of 1950, Amended by Bom. 50 of 1954, Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, Amended by Mah. 5 of 1962 and Amended by Mah. 48 of 1962] | [1st December, 1933] |
An Act to provide for the improvement of live-stock.
Whereas it is expedient to provide for the improvement of live-stock in the manner herein provided; 2* * * * *
It is hereby enacted as follows:-
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1933, Part V pp. 1000-1001; and for Proceedings in Council, see Bombay legislative Council Debates, 1933, Vol. XXXVIII.
2 The portion beginning with "and whereas the previous sanction" and ending with "the passing of this Act" was deleted by Mah. 48 of 1962, s. 2.
1. Short title.- This Act may be called the Bombay Live-stock Improvement Act, 1933.
2. Extent.- 1[(1)] (a) Section 1 and this section extend to the 2[whole of the State of Maharashtra].
(b) On a written application made-
(i) by the 3[Zilla Parishad or Panchayat Samiti, as the case may be,] with the previous concurrence of 4[the officer empowered in this behalf by the State Government], or
(ii) by 5[such officer] with the previous concurrence of the 3[Zilla Farishad or Panchayat Samiti, as the base may be,] 6[the 7[State] Government] may, by notification in the 8[Official Gazette], direct that the remaining provisions of this Act shall extend to any village 9[in the State] in respect of which the application has been made.
(c) Section 1 and this section shall come into force at once and the remaining provisions of this Act shall come into force in any village 9[in the State] to which the said provisions shall have been extended under sub-section (b) on such date as 6[the 7[State] Government] may by notification in the 8[Official Gazette] appoint.
10[(2) No ratification under clause (b) of sub-section (1) shall, after the commencement of the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962 (Mah. XLV-III of 1962), be issued unless the State Government's satisfied that the number of bulls in any village in the State to which the remaining provisions of this Act are proposed to be extended, together with such number of bulls as may be supplied by the State Government in that village for breeding purposes, will be adequate to maintain the rate of propagation of the species in that village.]
1 Section 2 was renumbered as sub-section (1) ibid, s. 3.
2 These words were substituted for the words "Bombay area of the State of Maharashtra ibid., s. 3(1)(a).
3 These words were substituted for the words "district local board" ibid., s. 3(1)(b).
4 These words were substituted for the words "the Director of Agriculture" by Bom. 35 of 1960, s. 2.
5 These words were substituted for the words "the Director of Agriculture", ibid.
6 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
7 This word was substituted for the word "Provincial" by Adaptation of Laws Order, 1950.
8 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
9 These words were inserted by Mah. 48 of 1962, s. 3(1).
10 Sub-section (2) was added by Mah. 48 of 1962, s. 3.
3. Definitions.- In the Act, unless there is anything repugnant in the subject or context,-
(1) "Cow" includes a heifer;
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(3) "Licence" means a licence granted under Section 6;
(4) "Live-stock officer" means an office or person appointed or invested with powers under Section 4;
2[(4A) "Panchayal Samiti" means a Panchayat Samiti constituted under Section 57 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;]
(5) "Prescribed," with its grammatical variations, means prescribed by rules;
(6) "Rules" means rules made under Section 23;
3(7) "Village" means-
(a) as respects the Bombay area of the State of Maharashtra, a village as defined in the Bombay Land Revenue Code, 1879 (Bom. V of 1879);
(b) as respects the Vidarbha region of the State of Maharashtra, a village as defined in the Madhya Pradesh Land Revenue Code, 1954 (M.P. II of 1955); and
(c) as respects the Hyderabad area of the State of Maharashtra, a village as defined in the Hyderabad Land Revenue Act (Hyd. VIII of 1317F);
(7A) "Zilla Parishad" means a Zilla Parishad constituted under Section 9 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962); and]
(8) "A parson is said to keep a bull," if such person owns the bull or has the bull in his possession or custody.
1 Clause (2) was deleted by Bom. 35 of 1950, s. 3.
2 Clause (4A) was inserted by Mah. 48 of 1962, s. 4(1).
3 Clauses (7) and (7A) were substituted for clause (7), ibid., s. 4(2).
1[4. Live-stock Officer.- The State Government may, by Notification in the Official Gazette, appoint any officer 2[or person] to be a live-stook officer and assign to such officer [or person] such powers and duties under this Act, as it may deem fit.]
1 Section 4 was substituted for the original by Bom. 35 of 1950, s. 4.
2 These words were inserted by Mah. 5 of 1962, s. 288, Tenth Sch.
5. Prohibition for keeping a boll for breeding purposes.- No person shall keep a bull which has attained the prescribed age except under and in accordance with the terms, conditions and restrictions of & licence granted under Section 6.
6. Grant of licences.- Every licence for the keeping of a boll shall be granted by a live-stock officer authorised by 1[the 2[State] Government] by general or special order in this behalf in such form, for snob period, and subject to such terms, conditions and restrictions as may be prescribed:
Provided that no fee shall be charged for the grant of a licence.
1 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
7. Refusal to grantor revocation of licence.- (1) Subject to roles, the live-stock officer authorised to grant the licence may refuse to grant or may revoke a licence, if in the opinion of such authority, the bull appears to be-
(a) of defective or inferior conformation and likely to be get defective or inferior progeny; or
(b) permanently affected with any contagious or infectious disease; or
(c) permanently affected with any other disease rendering the bull, unsuitable for breeding purposes.
(2) The live-stock officer granting a licence may also revoke a licence if in the opinion of such officer there be any breach of any of the terms or conditions of the licence.
(3) So person shall be entitled to any compensation for the revocation of a licence under sub-section (1) or (2).
(4) It a licence is revoked under sub-section (1) or (2), the live-stock officer revoking the licence shall give notice to that effect to the owner or the person stated therein to be the owner of the bull and any such notice given in respect of a licence shall state the grounds for the revocation.
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1 Sub-section (5) was deleted by Bom. 35 of 1950, s. 6.
8. Grant of duplicate licence.- When the live-stock officer granting the licence is satisfied that a licence granted under Section 6 has been lost or destroyed, such officer may, subject to such conditions as may be prescribed, issue to the holder of the licence a duplicate thereof, and thereupon all the provisions of this Act with respect to the licence shall apply to the duplicate as if it were the original licence.
9. Duration licence.- A licence granted in respect of a bull shall remain in force until-
(a) the period specified therein expires, or
(b) it is revoked under this Act, or
(c) the bull dies or is castrated in the prescribed manner.
1[9-A. Intimation about unmarked bulls.- livery person who on the date of the issue of the notification under clause (c) of sub-section (1) of Section 2 has in his possession any bull or who, at Any time thereafter, comes into possession of any bull, which is not branded with a distinguishing mark prescribed under this Act, shall give intimation of such possession to the live-stock officer within such period as may be prescribed.]
1 Section 9A was inserted by Mah. 48 of 1962, s. 5.
10. Inspection of bulls.- Any person who keeps a bull shall at any reasonable time, either at the place where the bull is for the time being or at any other reasonable place, submit the bull for ins Section by any live-stock officer when required by such officer to do so and render all reasonable assistance to that officer for the purpose of inspection.
11. Power to order castration of bulls.- (1) A live-stock officer may, by notice served in the prescribed manner, require that any bull which has attained the prescribed age at the date when the notice is served and in respect of which no licence is for the time being in force under this Act, shall be castrated in a prescribed manner within one month after the notice takes effect. Such castration shall, if the owner or other person who keeps the bull requires, be performed or caused to be performed by the live-stock officer free of charge.
(2) For the purpose of this section, a notice shall be served on the owner of the bull or on any other person who keeps the bull.
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1 Sub-section (3) was deleted by Bom. 35 of 1950, s. 6.
12. Duty to produce licence.- It shall be the duty of any person who for the time being keeps a bull, if a licence is in force in respect of the bull, to produce the licence-
(a) within a reasonable time on demand made by a live-stock officer or 1[any other officer authorized by general or special order by 2[the 3[State] Government] in this behalf in any place where the bull is for the time being,
(b) before a cow is served by a bull an demand made by the person in charge of the cow.
1 These words were substituted for the words "an officer of the Agricultural or Veterinary Department ibid., s. 7.
2 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
13. Penalty for keeping a bull in contravention of this Act or rules or without or in contravention of licence.- Whoever in contravention of this Act or any rule or order made under this Act or of any terms, conditions or restrictions of licence keeps a bull shall, on conviction, 1[be punished for a first offence with fine which may extend to twenty-five rupees and for a second or subsequent offence, with fine which may extend to fifty rupees].
1 These words ware substituted for the words, letters and figures "be punishable with fine which may extend to Rs. 25" by Mah. 48 of 1968, s. 6.
14. Penalty for neglect or failure to comply with notice under Section 7 or 11.- Whoever neglects or fails to comply with a notice served in accordance with Section 7 or 11 shall, on conviction, be punishable with fine which may extend to Rs. 25.
15. Penalty for neglect or failure to comply with requisition under Section 10 or 12.- Whoever neglects or fails to submit a bull for inspection when required by a live-stock officer for inspection cinder Section 10 or whoever fails to produce a licence when required to do so in accordance with the provisions of Section 12 shall, on conviction, be punishable with fine which may extend to Rs. 25.
16. Power of live-stock officer to castrate.- (1) Whenever an offence under Section 15 has been committed, or whenever any bull has not been castrated in compliance with the notice served under Section 11, it shall be competent to a live-stock officer to castrate or cause to be castrated in the prescribed manner, the bull in respect of which such offence was committed or such notice was served, as the case may be. Such castration shall be performed or caused to be performed by a live-stock officer free of charge.
(2) It shall also be competent to a live-stock officer to seize any bull, if the person in whose ownership, possession or custody it is, for the time being, is not known or cannot be ascertained after an inquiry in the prescribed manner. On such seizure the live-stock officer may, if he is of opinion that such bull has attained the prescribed age or is suffering from any of the defects or disease specified in Section 7, direct that the said bull shall be-
(a) castrated in the prescribed manner, and
(b) sold by public auction or sent to a pinjrapol; provided that if the owner of the said bull appears within fifteen days of such seizure and proves to the satisfaction of the five-stock officer that the said bull is of his ownership,-
the said bull-
(i) if not sold by public auction, or
(ii) if sent to a pinjrapol,
shall be delivered to such owner on payment of the costs, charges and expenses incurred for the maintenance of the said ball and determined in the prescribed manner, or
(iii) if sold by public auction, the proceeds of such sale stall be paid to such owner after deducting therefrom the costs, charges, and expenses incurred for the maintenance and sale of the said bull and determined in the prescribed manner.
17. Power of lire-stock officer to inspect or mark a bull or to enter premises.- For the purposes of this Act, a live-stock officer shall have power at all reasonable times-
(a) to inspect any bull,
(b) to mark any bull with any prescribed mark in the proscribed manner,
(c) to enter any premises or other place in the prescribed manner where he has reason to believe that a bull is kept.
1[17-A. Penalty for unauthorized marking.- Whoever without lawful authority brands or causes to be branded any bull with any mark prescribed under this Act, or with any mark resembling such prescribed mark, intending by means of that resemblance to practise deception, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees.
1 Sections 17A and 17B were inserted by Mah. 48 of 1982, s. 7.
17-B. Maintenance of registers.- Every live-stock officer shall keep and maintain a register containing particulars of inspection, castration and marking of bulls under this Act, and such other particulars, in such form, as may be prescribed.]
18. Officers bound to assist livestock officers.- All village officers, all village servants useful to 1[the 2[State] Government] and all officers of the departments of revenue, 3[agriculture, animal husbandry and veterinary science or of such other department as the State Government may direct] shall be bound-
(a) to give immediate information to a livestock officer of the commission of any offence, or the intention or preparation to commit any offence punishable under this Act which may come to their knowledge;
(b) to take all reasonable measures in their bower to prevent the commission of any such offence which they know or have reason to believe is about to be committed; and
(c) to assist any live-stock officer in carrying out the provisions of this Act.
1 The words "tho Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3 This portion was substituted for the words "agricultural and veterinary" by Bom. 35 of 1950, s. 8.
19. Cognizance of offences under the Act.- No Court shall take cognizance of any offence under this Act, except on a complaint made by a live-stock officer or any person authorised by such officer in that behalf.
20. Live-stock officer to be public servant.- Every live-stock officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).
21. Protection of persons acting in good faith and limitation of suits and prosecutions.- (1) No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules.
(2) No suit shall be instituted against 1[the 2[Government] and no prosecution or suit shall lie against any live-stock officer in respect of anything done or alleged to have been done, in pursuance of this Act, unless the suit or prosecution has been instituted within four months from the date of the act complained of.
1 The words "the Crown" were substituted for the were "Government" by the Adaptation on Indian Laws Order in Council.
2 This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
22. Revision.- 1[The 2[State] Government] may call for and examine the record of any order or the proceeding of any live-stork officer for the purpose of satisfying themselves as to the legality and propriety of any order pawed and as to the regularity of this proceedings of such officer. If in any case it shall appear to 1[tho 2[State] Government] that any order or proceedings so called for should be modified, annulled or reversed, they may pass such order as they may deem lit.
1 The words "tho Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
23. Power of 1[State] Government to make roles.- (1) 2[The 1[State] Government] may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following purposes, namely:-
(a) under Section 4, prescribing the powers and duties to be exercised and performed by a live-stock officer and the assignment of such powers or duties,
(b) under Section 5, prescribing the age of a bull after which it shall not be kept without a licence,
(c) under Section 6, prescribing the form of, the manner in which, the terms, conditions and restrictions on which, a licence shall be granted, transferred or renewed,
(d) under Section 7, prescribing the conditions subject to which a licence may be revoked,
(e) under Section 7 and 11, prescribing the manner in which notice shall be served,
(f) under Section 8, prescribing the conditions subject to which a duplicate of a licence may be granted,
3[(ff) under Section 9A, prescribing the distinguishing mark for branding and the period within which intimation of possession of unbranded bulls shall be given to a live-stock officer,]
(g) under sections 11 and 16, prescribing the manner in which a bull shall be castrated, and the manner in which inquiry regarding the ownership of a bull shall be made, and the costs, charges and expenses for the maintenance and of a bull shall be determined,
(h) under Section 17, prescribing the manner and form in which a bull shall be marked and the manner in which a live-stock officer shall enter any premises or other place.
4[(i) under Section 17B, prescribing the from in which a register shall be maintained by a live-stock officer and the particulars which each register shall contain.]
5[(2A) In making any rules the State Government may provide that a breach thereof shall, on conviction, be punished with fine which may extend to fifty rupees.]
(3) Rules made under this section shall be subject to the condition of previous publication in the 6[Official Gazette].
7[(4) Every rale made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, 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 or omitted to be done under that rule.]
1 This word was substituted for the word "Provincial" fay the Adaptation of Laws Order, 1950.
2 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
3 This clause was inserted by Mah. 48 of 1962, s. 8(1).
4 This clause was inserted, ibid.
5 Sub-section (2A) was inserted, ibid., s. 8(2).
6 The words "Official Gazette" were substituted for the words "Bombay Government gazette" by the Adaptation of Indian Laws Order in Council.
7 Sub-section (4) was substituted for the original by Mah. 48 of 1962, s. 8(3).
24. Power of 1[State] Government to apply the provisionss of this Act to buffalo-bulls.- 1[The 2[State] Government] may, by notification in the 3[Official Gazette], direct that all or any of the provisions of this Act which shall have been extended to any village under Section 2 shall apply to buffalo-balls in stich village from the date specified in such notification and thereupon the references to bulls and cows in the provision is of this Act so applied shall be construed as references to buffalo-bulls and buffalo-cows respectively and this Act shall apply accordingly.
1 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3 The words "Official Gazette" were substituted forth words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
1[24-A. Validation of Acts of Director of Animal Husbandry and Veterinary Science.- Notwithstanding anything contained in this Act, all things done by or on behalf of the Director of Animal Husbandry and Veterinary Science purporting to act in exercise of the powers conferred on the Director of Agriculture under this Act before the date on which the [Bombay Live-stock Improvement (Amendment) Act, 1950 (Bom. XXXV of 1950), came into force, shall be deemed to be and always to have been validly done as required by or under this Act and shall not be deemed to be invalid or called in question merely on the ground that such thing was done by or on behalf of the said Director of Animal Husbandry and Veterinary Science before the said date.]
1 Section 24A was inserted by Bom. 35 of 1950, s. 9.
1[25. Repeal of M.P. Act XX of 1950 and saving.- On the commencement of the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962 (Mah. XXV in of 1962), the Madhya Pradesh Live-stock Improvement Act, 1950 (M.P. XX of 1950), in application to the Vidarbha region of the State of Maharashtra, shall stand repealed:
Provided that, such repeal shall not affect,-
(a) the previous operation of the Act so repealed;
(b) any right, obligation or liability acquired, accrued or incurred under the Act so repealed;
(c) any penalty or punishment incurred in respect of any offence committed against the Act so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, obligation or liability, penalty or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed as if the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962 (Mah. XLV-III of 1962), had not been passed.]
1 Section 25 was inserted by Mah. 48 of 1962, s. 9.