Punjab act 047 of 1953 : Punjab Livestock Improvement Act, 1953

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THE PUNJAB LIVESTOCK IMPROVEMENT

ACT 1953

(PUNJAB ACT No. 47 OF 1953) [Received the assent of the Governor of Punjab on the 3rd November, 1953, and was first published in the Punjab Government Gazette (Extraordinary) of the 9th November, 1953.]

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Year

1953

No.

XLVJI

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Short title The Punjab Livestock Improvement Art , 1953

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Whether repealed or otherwise affected by legislation. Extended to the territories which, im- mediate before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act No. 5 of 1959.

AN

ACT

to provide for the improvement of livestock in the State of Punjab

IT is hereby enacted as follows: —

1. (/) This Act may be called the Punjab Livestock Improvement Act, 1953.

1,2) It shall extend to the whole of the State of Punjab.

(3) It shall come into force, in/an* specified area, on such Mate as the State Government may by 'notification appoint ; aad different

• dates may be appointed for different aYcas.'

2. In this Act, unless the context otherwise requires,—

(a) 'Approved Bull" means a bull certified as such under section 6 of this Act, as fit for breeding purposes in a local at*ea ;

Short title,

extent and

commence-

ment.

Definitions

i Ui»J *For Statement of Objects and Reasons seepwijab Government Gazette (Extraordinary), 1953, page 548, and for proceedines in the Assembly and Council, see Punjab Legislative Assembly and Council Debates, 1953.

2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1487.

'Enforced fin the territories which, immediately before the 1st November, vl956, were comprised in the State of Patiala and East Punjab States Union V & h effect from the 27 th January, 1959 by Punjab Act No. 5 0." 1959; /and in the territories which, immediately before the first September, 1956, wer^ -eomrised in the State of Panjab with effect from th> 1st September, 1961 by Punjab Government Notification No . 8102-AH(II)'61/5732, dat:d 19th August,

1961.

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LIVESTOCK IMPROVEMENT [1953 * Pb. ACT47** {b) 'Bull' means an uncastrated male calf above such age- as the State Government may prescribe for any locals- area ;

(c) 'Cow' includes a heifer ;

(d) 'Director means the Director of Veterinary Services, Punjab; \

(e) 'Livestock Officer'means the Director and includes any other officer authorised by him to exercise all or any of \ the powers of a Livestock Officer under the Act ;

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(/) 'Prescribed' means prescribed by rules made under tjhu Act ; [ Jjjj

(g) A person is said to 'keep a bull' if he owns the bull or h * | the bull in his possession or custody, for the t ime- being ;

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(h) A bull is said to be 'castrated' if it is rendered incapable of"

propagating its species ; and

(0 'Local Area' means the whole or a part of the area to which this Act applies, and in which an approved bull is, in the opinion of the Director, fit for breeding purposes Prohibition 3. In any area to which this Act applies, no person shall keep . a . to keep ^a,bull O Uu except under and in accordance with the provisions of this Act. Intimation 4. Every person, who, in any local area, keeps any bull which is about n o t branded with a distinguishing mark as provided under this Act, .

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b"

m ^

r k e d shall give intimation of such possession to the Livestock Officer within . such period as may be prescribed.

Submis- ' • On receipt of the intimation under section 4, or on his own sion of motion, the Livestock Officer ritay, by order, require any person keeping - hu\h for a bull to present the bull for inspection at any reasonable time and inspection. a t a place specified in the order and thereupon it shall be the duty of the person keeping the bjjdhfo produce it for inspection accordingly and render all reasonable assistance in connection with such inspection. Certifica- **• After such inspection of a bull, the Livestock Officer, if tion of satisfied that the- bull is suitable for being used for breeding purposes bulls as i n the local area shall certify the bull as 'approved* and cause it to be approved, branded with a. mark prescribed for the purpose. t.

Marking of 7* (/) If, after inspection, the Livestock Officer is satisfied that castrated a bull is unsuitable for breeding purposes ^ in a local area he b ulls. shall cause it to be effectively castrated or specify by order a period during which such castration shall be effected.

(2) Such castration shall be performed or caused to be perfected \ ^ j by the Livestock Officer unless the owner or the other person keeping. the bull desires to make his own arrangements for complying with the- , order and if the bull is not castrated within the time allowed by the Livestock Officer, then without prejudice to any action that may be. taken under section 14. the Livestock Officer shall get the bull castrated.!

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53: Pb.^-Act 47 ] LIVESTOCK IMPROVEMENT

(3) The Livestock officer shall cause every bull so castrated to be branded with the prescribed mark.

8. (7) If after such enquiry as the Livestock Officer may deem Castration of fit to make, he finds that any uncastrated bull is not owned or possessed owners' by a known person, he shall cause the bull to be seized and inspected.

(2) If on such inspection, he finds the bull not fit for being certified as 'approved' he shall have it castrated and. branded with the appropriate mark and if he finds such bull fit for breeding purposes, he shall mark it as an approved bull.

9. (1) For the purposes of this Act, a Livestock Officer or any other officer or person authorised by him in this behalf shall have power at all reasonable times : —

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Officers competent to inspect or mark bulls, and to enter premises-(a) to inspect any bull;

(b) to brand any bull with a prescribed mark;

(c) subject to such conditions and restrictions, if any, as may be prescribed, to enter any premises or other place where he has reason to believe that a bull is kept.

(2) If the Livestock Officer, at any time on inspection of an approved bull, finds that the bull has become unfit as an approved bull he may take action as for an unapproved bull, in accordance with section 7

10. Every castration or marking required to be done or made under this Act by a Livestock Officer shall be done or made free of charge.

11. Any notice or order which is to be given or served on any person under the provisions of this Act may be given or served on the owner or keeper of a bull primarily liable to comply with such notice or order and in case of doubt or when he is unknown, it may be given or served on the person last kjpovyn as owner or keeper thereof, and any seizure or inspection under seeXioî i 8. shall be deemed to have been done after compliance with the notice aforesaid.

12. The Livestock Qfficer shall maintain in the prescribed form a register giving particulars oX inspections, names of owners or keepers of Main- bulls, castrations and markings made, and bulls approved under this Act, |2??^C* ^of and such other particulars as may be prescribed, l ers "

Marking

to be

made free

of charge.

Service of

notice and

order.

o

this

13. If any person be branded any Act or with any without lawful authority bull with any mark mark resembling such causes

under

mark.

brands or

prescribed

nn in rK ou n prescribed ne, he shall on conviction be punishable with imprisonment which may extend to three months or with a fine which may extend to five hundred ilfpees or both.

14. Whoever—

(a) keeps a bull in contravention of [thisf'Act or of any rule or order made thereunder, or

Penalty for

unauthorised

markings-

Penalty for

other of-

fences-

of offence.

Bar of pro-

ceeding

(b) neglects or fails to produce a bull for inspection when required to do so under the provisions of this Act, or obstructs any officer or person in the discharge of his functions under this Act or rules made there under, or

(c) neglects or fails to comply with any order under this Act or rules thereunder, shall on conviction be punishable with fine which may extend to fifty rupees, and in the case of a second or any subsequent offence with fine which may extend to one hundred rupees.

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15. No Magistrate or Court shall take cognizance of any offenc under this Act except upon a complaint made by a Livestock Officer 01 any person authorized by him in this behalf. ._Ji(

16. (1) No suit, prosecution or other proceedings shall lie against an officer or servant of the State Government for any thing which is in good faith done or intended to be done under or in pursuance of this Act.

Powers to

make rules.

(3) No suit or other legal proceedings shall lie against the State Government or against any of its officers for any damage caused or likely to be caused, by any thing in good faitli done or intended to be done under or in pursuance of this Act.

17. (7) The State Government may make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for—

(a) all matters required to be prescribed under this Act ;

(b) the powers and duties - to be exercised and performed by officers or persons acting under this Act and the procedure to be adopted by them in so acting; and

(c) the approved age o^ay bull for purposes of breeding, in any local area.

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(5) All rulafc. shall be subject to the condition of previous publication.

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1. For rules'- see Punjab Government Nolificaiion No. 3889-Vety-59/254l, dated 23rd May, 1959. 1

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15227—LR—3,000—C.P., & S., Punjab, Chandigarh.

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Punjab L ivestock

Ti t le of the ru les, regulat ions, orders ,bye- laws I m p r o v e m e n t Rules,1958

Date of en fo rcement of the Act under wh i ch the Rules, -i «. e * h regulat ions, orders,bye- laws,have been f ramed . * ^P_ Date of pub l ica t ion of ru les, regula t ions, orders . bye - _., . . ., , . - _« , laws in the Govt. Gazette. 22nd Apr l l , 1958

There was no prov is ion

in t he Punjab L ivestock

Date of ly ing of the rules regulat ions, o rders ,bye- laws I m p r o v e m e n t Act ,1953 on the table of t he house, i f there is a prov is ion in t h e under w h i c h these Act. ru les we re f ramed fo r

being placed on the

table of t he house.

Remarks

Notif ication

Chandigarh: da ted the 22nd May,1959

N o . 3 8 8 9 - v e t y - 5 9 / 2 5 4 1 :- I n excercise of the Powers confered by sect ion 17 of t he Punjab L ivwstock I m p r o v e m e n t Act, 1953 , tyhe Governor of Punjab is pleased to make the fo l low ing rules, the same hav ing beenpubl ished w i t h Punjab Government not i f i ca t ion N o . 8 4 6 - v e t y . 5 8 / 4 7 9 , da ted t he 22nd apr i l

1958:-

RULES

1. Short title

• These rules may be called the Punjab Livestock i m p r o v e m e n t rules, 1958.

2. For t he purpose of sect ion 2 ( b r w the Punjab L ivestock I m p r o v e m e n t Act . ,1953, (here in a f te r r e f f e r e & t o as " t h e A c t " ) an uncas t ra ted male cal f of the age of t w o years and six" months or above shal l be regarded as a bu l l .

3. Every person, who , in any local area to wh i ch the Act appl ies keeps any bull wh ich is not branded w i t h a d is t ingu ished mark , sha l l / g i ve i n t ima t i on thereof to the Livestock Off icer w i t h i n f i f t een days , and w h e r e a bul l is b rough t into such area af ter the en fo rcement of the Act the re in , t hen w r i t e w i t h i n f i f teen days f r o m t he date on w h i c h bu l l is b r o u g h t i n to t h a t area.

•1. I m m i d e a t l y a f ter the bul l has been cer t i f ied as approved under sect ion 6 of the Act , t he Livestock Off icer of the Local a rea(o ther than t he Di rector ) sha l l / appr i se the Deputy Director or D is t r i c t An imal Husbandry Off icer concerned of such approval .The bu l l sha l l be caused to be branded by the Veter inary Assistant or Ve ter inary Ass is tant Surgeon w i t h mark " A " on t h e lef t hand th igh except w h e n t he bu l l is supp l ied f r o m t h e government Livestock Farm,Hissar.

5. I f , a f ter inspect ion, the Local Veter inary Ass is tant or Veter inary Ass is tant Surgeon is sat is f ied t ha t the bul l is unserv iceable fo r breed ing purposes in a local area , he shal l repor t the mat te r to the Deputy d i rector and the Dist r ic t An imal Husbandry off icer concerned and upon hear ing f r o m the 'at ter , he shal l castrate the bull immidea t l y so as to render it

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unserviceable for breeding purposes, and if any such bull is branded with mark "A" it shall be crossed with mark "X".

a. For the purposes of the Act the Livestock Officer of the local area or any other officer of the Animal Husbandry Department authorised in this behalf by him, shall have the power at all resonable times to enter and inspect at any t ime of the day before - sun-set and after sun-rise any house,land or building or other place in which or in respect whereof he has reason to suspect that a bull is kept or possessed.

b. Such officer before entering shall, if required ,by the owner or occupant of the place or person iuncharge of the bull or land, house,place or building state in writing , his intension and reason or reasons for entering and inspecting the Animal and the owner shall there upon witout demuror obstruction allow him to perform his duties under this Act.

7. The Livestock Officer concerned of the local area shall maintain a register in the following form :-

Register of approved stud cow/buffalo bulls maintained in the Civil Veterinary Hospital Tehsil

District

T

! Name . ( of the

owner ! or ; Date of c w r % ^kee

P ^er ...u«« b rand ing- , . Desription,. . . . _ . . . , . .P lace of _ , S N o

- !

n f H , » ! w h e n «f Price: _ : . Height Girth Length. „ - . Remarksj

1.

of the i. . , . of . ., ,br*nded , . bull | marking with

full I

address,

marks

* ? .

* location

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