Jammu and Kashmir act 051 of 2018 : The JAMMU AND KASHMIR BOVINE BREEDING (REGULATION OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL INSEMINATION SERVICES) ACT, 2018

Department

Department of Animal and Sheep Husbandary

Ministry

Ministry of Andaman and Nicobar Administration

Enforcement Date

16 Dec 2018

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Section 1. Short title and commencement

(1) This Act may be called the Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination Services) Act, 2018.

(2) It shall come into force on such date as may be specified by the Government, by notification in the **Government Gazette.

** Now Official Gazette.

Section 2.Definitions.

In this Act, unless the context otherwise requires,
(a) Act means the Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination Services) Act, 2018 ;

(b) AI Technician means a person who possesses requisite qualification, skill and experience, as prescribed by the Authority, to perform artificial insemination in bovines ;

(c) Artificial Insemination or AI means the process of depositing bovine semen in the body of the uterus of a mature bovine female with the intention of making it pregnant ;

(d) Artificial Insemination Service Provider means Livestock Development Boards who undertakes artificial insemination service in bovines ;

(e) Authority means the Bovine Breeding Authority constituted under section 3 of the Act ;

(f) Bovine Breeding means breeding activities in bovines that include the use of bovine bulls for natural service, production, processing, storage and distribution of bovine semen, providing AI services to bovines and use of Embryo transfer technology for breeding of bovines ;

(g) Bovine means and include cow, bull, bullock and buffalo, (male or female) ;

(h) Bull Keeper means any Government/private agency or person who has been provided a breeding bull by the Livestock Development Board for Bovine breeding in the area concerned ;

(i) Livestock Breeding Policy means a policy duly notified by the Government, for maintaining and developing different livestock breeds especially bovine breeds in different agro-climatic zones of the ^*State and a mechanism for enforcement of these policies in the ^*State ;

(j) Livestock Development Board means Livestock Development Board Kashmir and Livestock Development Board Jammu constituted by the Government from time to time :
Provided that any Board already constituted/established by the Government shall be deemed to be a Livestock Development Board constituted under the provisions of the Act ;

(k) Certified Bull means a bovine bull meeting the prescribed standard for semen production and is included as certified bull, in the Certificate of Registration of a Semen Station or any Bovine Bull certified to be of prescribed standard for semen production by the Authority, from time to time ;

(l) Chairperson means the Chairperson of the Authority ;

(m) Embryo means a structure developed as a result of fusion of bovine male and female gametes ;

(n) Expert means an expert who fulfils the requirements, as may be specified by the Authority ;

(o) Government means Government of Jammu and Kashmir ;

(p) State Implementing Agency means Jammu and Kashmir State Implementing Agency constituted/established by the Government under the provisions of the Act :

Provided that any State Implementing Agency already constituted/established by the Government shall be deemed to be State Implementing Agency constituted under the provisions of the Act ;

(q) Misbranded Semen means a semen whose DNA profile does not match with DNA profile of the bull, mentioned in the record of Semen Bank or Semen Straw ;

(r) pedigree means genealogical information showing the ancestral line of the bull/dam ;

(s) Premises means any land, premises, yard, building, or vessel or vehicle or any other location that is used for bovine semen production and/or for providing bovine AI service ;

(t) Prescribed Standards means the standards prescribed by the Authority, from time to time and to be adhered to by those seeking a certification of registration ;

(u) Recognized Laboratory means the Northern Regional Disease Diagnostic Laboratory, Jalandhar or any other National level laboratory, duly authorized by the Authority ;

(v) Registrar means the Registrar of the Authority ;

(w) Registered Veterinary Practitioner means a graduate in veterinary science registered under the Jammu and Kashmir State Veterinary Council Act, 2003 ;

(x) Semen means the semen/sexed semen of cow bull or buffalo bull in any form ;

(y) Semen Bank means a premises, where a facility is setup for storage and distribution of bovine semen and/or liquid nitrogen ;

(z) Semen dose means processed/diluted bovine semen packed in a French mini (0.25 ml capacity) or French medium (0.5 ml capacity) properly sealed, plugged and printed straw ;

(aa) Semen Station means a premises, where a facility is setup for production, processing and storage of bovine semen ;

(bb) services means any of the bovine breeding services, as may be specified by the Government ;

(cc) Quarantine station means the premises where breeding bulls are kept for a minimum period as per the SOP before introduction in semen station or main premises of breeding bull rearing station ; and

(dd) Veterinarian means a registered veterinary practitioner as defined in the Indian Veterinary Council Act, 1984 (Central Act No. 52 of 1984) and the Jammu and Kashmir State Veterinary Council Act, 2003.

* Now Union territory of Jammu and Kashmir.

Section 3. Bovine Breeding Authority

(1) The Government may by notification constitute and appoint an Authority to be known as the Bovine Breeding Authority to exercise the powers conferred on and perform the functions assigned to it under the Act.

(2) The Authority shall consist of the following members :
(a)Chairman, Jammu and Kashmir State Implementing Agency Chairperson

(b)Member Secretary Jammu and Kashmir State Implementing Agency Registrar

(c)Director Animal Husbandry Department Kashmir/Jammu Member

(d)Joint Commissioner, Animal Husbandry, Department of Animal Husbandry, Dairying, and Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India Member

(e)Dean FVSc & AH SKUAST-K Member

(f)Dean FVSc & AH SKUAST-J Member

(g)Chief Executive Officer Livestock Development Board Kashmir/Jammu Member

(h)Eminent Animal Breeding Scientist to be nominated by the Government Member

(i)Eminent veterinarian to be nominated by the Government Member.

(3) The affairs of the Authority shall be managed and administered by the Registrar.

(4) The Authority shall draw-up a consultative panel of experts consisting of not more than nine members. Out of the panel of experts, the Authority shall form Committee(s) of not more than three members which shall perform such functions, as may be required by the Authority. The members of such Committee(s) shall be entitled for such honorarium, travelling allowance and daily allowance, as may be prescribed.

(5) The nominated members of the Authority, shall hold office for a term of three years from the date of their nomination and shall be eligible for reappointment of further period of three years.

Section 4.Duties of Authority

The Authority shall advise the Government on all matters related to fixing prescribed standards and evaluation procedures for breeding bulls, semen stations, storage and distribution of bovine semen and artificial insemination services and prescribing training curriculum, qualification and experience of AI technicians and recognition of the training institutes.

Section 5.Head Quarter of the Authority

The headquarter of the Authority shall be at the office of the Chairman, Jammu and Kashmir State Implementing Agency/Administrative Secretary Animal, Sheep Husbandry and Fisheries Department.

Section 6.Meetings of the Authority

(1)The Authority shall meet at such time and place as the Registrar may determine in consultation with the Chairperson and shall observe such procedure with regard to the transaction of its business at such meetings, as may be prescribed.
(2) The quorum necessary for the transaction of business at a meeting shall be six members.

Section 7.Functions of the Authority

The Authority shall be responsible :––
(a) to implement Breeding Policy and services in the ^*State ;

(b) to regulate the storage, sale and use of semen or embryos produced within or outside the ^*State or imported from any other country ;

(d) to register semen stations in the ^*State as per the provisions laid down in Chapter III of the Act ;

(e) to register semen banks in the ^*State ;

(f) to register and certify the trained Private AI technician other than veterinarian and existing Para-vets (trained in Stock Assistant Training Institutes of State of Animal Husbandry Department, Jammu and Kashmir) for operating bovine breeding activities in the ^*State through appropriate Standard Operative Procedures prescribed by the Authority ;

(g) to register and certify the bull keepers, using bulls for bovine breeding activities by way of natural mating in the ^*State through appropriate Standard Operative Procedures to be laid down by the Authority ; and

(h) to perform such other functions concerning bovine breeding, as may be prescribed.

* Now Union territory of Jammu and Kashmir.

Section 8.Experts and other persons of the Authority.

The Authority shall discharge its duties through the staff of Animal Husbandry Department, Jammu/ Kashmir. It may also outsource or get on deputation such number of officers and experts with veterinary qualifications and experience, as may be prescribed, as it may consider necessary for the efficient discharge of its functions.

Section 9.Jurisdiction and Powers of the Authority

(1) Subject to the provisions of the Act and the rules made thereunder, the Authority shall have jurisdiction all over the ^*[State of Jammu and Kashmir] in respect of bovine breeding activities.

(2) For the discharge of the functions conferred on the Authority under the Act, the Authority or any officer empowered by it in this behalf, shall have the power to obtain any required information from any semen station, semen bank or related person engaged in bovine breeding activities.

(3) The Authority shall have the power to give directions requiring any person in-charge of any premises, where any activity relating to bovine breeding is carried out or who in its opinion is contravening any of the provisions of the Act or the rules made thereunder, to furnish such information and in such form, as may be specified by it.

* Now Union territory of Jammu and Kashmir

Section 10.Registration of Semen Stations.

(1) On and from the date of commencement of the Act, no person (including any Firm, Limited Liability Partnership (LLP), Company, Producer Company, Institution, NGO, Breeders Association, Trust, Department of the ^**State Government, Co-operative Society or any other agency), shall establish and operate a semen station for production and storage of semen doses for artificial insemination or production and transfer of embryos without obtaining a certificate of registration from the Authority.

(2) Any person who desires to establish and operate a new semen station, shall make an application for registration or renewal in such form alongwith such fee, as may be prescribed.

(3) The existing semen stations shall apply to the Authority for grant of certificate of registration in such form alongwith such fee, as may be prescribed, within three months from the date of commencement of the Act. They shall also declare the current stock of semen alongwith such other details as may be required in the form.

(4) Applicants intending to set-up a new semen station or the existing semen stations, who have submitted an application form alongwith prescribed fee to the Authority, shall be issued a provisional certificate of registration to meet the conditions specified in sub-section (6) of this section. The provisional certificate of registration shall be valid for a period of twelve months and shall be extended for a further period of six months on the request of the applicant, in writing. The Authority shall reply within one month about the status of extension.

(5) For the grant of certificate of registration for a new semen station or the existing semen station, the applicant shall make a written request to the Authority for inspection within the above twelve months or the extended period of six months, whichever applicable. The Authority shall thereupon, send a Committee of experts from the consultative panel for such inspection.

(6) The Authority, after satisfying itself that,

(i) the semen station

(a) has premises for the quarantine of bovine bulls, as may be prescribed by the Authority ;

(b) has premises for the rearing and housing of bulls and the collection, processing, quality control, storage, distribution and quarantine of semen doses as may be prescribed by the Authority ; and

(ii) every bull, used in the semen station for production of semen doses
(a) has tested negative to the tests as may be prescribed by the Authority,
(A) prior to its entry to a quarantine station ;

(B) during quarantine period at a quarantine station ;

(D) at the semen station ;

(b) conforms to breed characteristics of the permitted breeds only as may be specified in the breeding policy and meets the minimum standards for various traits in terms of quantity and quality as may be specified by the Authority or the Government from time to time ;

(iii) the semen station maintains accurate details of the bull, whose semen doses it would like to produce, store, sell, distribute or proposes to distribute for Artificial Insemination in a format, as may be prescribed;

shall grant the certificate of registration to a new semen station or the existing semen station clearly specifying the name and address of the semen station, registration number of the semen station, unique Identification No. of certified bulls to be used for semen production, name of the incharge of the semen station and such terms and conditions, as it may deem fit.

(7) The certificate of registration granted to semen station shall be valid for a period of two years from the date of its issue.

(8) The semen station shall, in such form alongwith such fee, as may be prescribed, apply for renewal of registration to the Authority at least three months prior to the expiry of the certificate of registration. The Authority after satisfying itself that the conditions specified in sub-section (6) with regard to certificate of registration have been adhered to, shall renew the registration for a further period of two years, within three months from the date of receipt of application. If the renewal certificate is not issued within three months, approval shall be deemed to have been accorded, unless communicated otherwise.

(9) Any new bovine bull that meets the standards for semen production shall not be inducted in the semen station for semen production without the prior approval and necessary certification from the Authority. Death/culling of certified bull shall be informed to the Authority.

(10) The Authority may, after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant or renew the certificate of registration.

(11) The Authority shall send a Committee of experts to inspect a semen station as and when desired, but at least once in a year, to ensure compliance of the conditions specified in the certificate of registration.

** Now Union territory Government.

Section 11. Registration of Semen Banks

(1) On and from the date of commencement of the Act, no person (including any Firm, Limited Liability Partnership, Company, Producer Company, Institution, NGO, Breeders’ Association, Trust, Department of the State Government, Co-operative Society or any other agency), shall establish and operate a semen bank without obtaining a certificate of registration from the Authority.

(2) The certificate of registration referred to in sub-section (1) shall be issued in such manner and subject to such conditions, as may be prescribed.

Section 12.Certification of Bulls.

(1) On and from the date of commencement of the Act, no new semen station shall use bull for semen production and no agency government or private shall use bull for natural mating other than those certified by the Authority.

(2) The bulls shall be certified by the Authority in such manner and subject to such conditions, as may be specified by the Government.

(3) The Authority shall generate a unique Identification No. for each certified bull and it shall be mandatory for the semen stations to tag this unique Identification No. securely and permanently to the certified bulls at all times.

(4) The bulls of different breeds used for semen production or natural mating shall be selected for induction as per the prescribed guidelines issued by Authority or Government.

(5) The AI bulls or natural service bulls shall be procured from certified bull production programmes approved by the Government.

(6) The testing of the AI bulls/natural service bulls shall be carried out by Semen Station/Government or private agency as per the prescribed guidelines on yearly basis by the team of experts selected by the Authority for the purpose.

Section 13.Certification/Registration of Trained Private AI workers.

(1)The trained AI Technician shall be certified/registered by the Authority in such manner and subject to such conditions, as may be specified by the Government.

(2) On and from the date of commencement of the Act, no person shall act as AI technician and provide his services for any agency unless he:––

(a) possesses requisite qualification and experience as prescribed by the Authority ;

(b) has undergone the prescribed training from any recognised Training Institutes ; and

(3) On an application by Private AI technician as per the prescribed format by the Government along with the supporting documents of his qualification & experience, the Authority or the Government provider shall register with them, the AI technicians who possess requisite qualification and experience as prescribed by the Authority and have undergone the prescribed training from any recognised AI Training Institute, and shall issue a certificate of registration on payment of fee and as per the format prescribed by the Government.

(4) The existing private AI technicians, within one year from the date of commencement of the Act, shall undertake the required training from the recognised training institute if not trained. The AI technician, after giving an undertaking-cum-affidavit as per the requirements of the Authority, shall be allowed to register himself as provided under sub-section (2).

(5) The AI technicians shall perform Artificial Insemination as per the procedure and guidelines issued by the Authority and also as per the provisions of the State Breeding Policy and shall provide necessary information in the prescribed format to the nearest Government Veterinary centre manned by a Veterinarian, failing which their registration shall be suspended till the necessary rectifications are carried out.

(6) The registered A.I technician shall abide by the rules framed by the Authority from time to time failing which his registration shall be suspended with enforcement of penalties.

(7) The registered A.I technician has to renew his registration after every year and complete all formalities for renewal including payment of renewal fee as prescribed by the Authority.

Section 14.Regulation of sale of Semen.

(1) None shall sell or distribute or gift or transfer the semen/embryo to any person other than a person, as may be authorized by the Authority.

(2) No semen/embryo produced outside the State shall be allowed into the State to be sold, distributed or gifted for Artificial Insemination/transfer, except with the prior approval of the Authority to be granted in such manner and subject to such conditions, as may be prescribed.

(3) No semen/embryo shall be imported for Artificial Insemination/ transfer in to the State from any other country, except with the prior approval of the Authority to be granted in such manner and subject to such conditions, as may be prescribed

Section 15.Issue of duplicate Registration Certificate.

In case a certificate of registration or a certificate of renewal issued under the Act is defaced, lost or destroyed, the Authority, may, upon satisfaction, grant a duplicate certificate to the applicant on payment of such fee, as may be prescribed.

Section 16.Revocation of Certificate of Registration.

If the Authority is satisfied, either on a reference made to it in this behalf or on the basis of inquiry report of a Committee of experts constituted by the Authority or otherwise that:––br

(a) the certificate of registration granted by it under the Act to a Semen station/Semen Bank/A.I Technician has been obtained by misrepresentation or fraud ; orbr

(b) the holder of the certificate of registration has, without reasonable cause, failed to comply with the terms and conditions subject to which the certificate has been granted or has contravened any of the provisions of the Act or has not complied with such conditions, as may be prescribed;
then, without prejudice to any other proceedings to which the holder of the certificate may be liable under the Act, the Authority, may, after giving the holder of the certificate of registration an opportunity to show cause––br

(i) where under the Act, any conditions have been imposed on any person, while granting the certificate of registration or renewal thereof, or under section 10 and 12, and such person has failed to comply with such conditions, the Authority, after giving such person and opportunity of being heard, revoke the certificate of registration or renewal thereof and shall take such steps against such person, as may be prescribed ; orbr

(ii) suspend the certificate of registration or renewal till the holder of the certificate complies with all the required conditions to the satisfaction of the Authority ; orbr

(iii) take an undertaking from the holder of the certificate of registration, to comply with the provisions of the Act.

Section 17.Appeal.

(1)Any person aggrieved by an order of the Authority refusing to grant or renew a certificate of registration or revoking or suspending the certificate of registration under the provisions of the Act, may file an appeal before the Tribunal established under the Jammu and Kashmir Special Tribunal Act, 1988 (Act No. 19 of 1988).

(2) The Tribunal, after giving a reasonable opportunity of being heard to the applicant, shall decide the appeal, as expeditiously as possible, but within three months.

Section 18.Power to Inspect Search and Seizure.

(1)The Authority or members of the Committee of experts authorised by it in this behalf, with a view to ensure compliance with the terms and conditions of the certificate of registration or any provisions of the Act, or for the purpose of inspection and inquiry, may,––

(a) enter, inspect and cause or conduct search of any premises in which it has reason to believe that any activity in contravention of the provisions of the Act is going on or there is any contravention of any of the provisions of the Act or rules made there under or the holder of certificate is doing activities in violation of the terms and conditions specified in the certificate of registration issued under the Act ;

(b) collect samples of semen, blood or any other material used in semen production/ bovine breeding from the premises/custody of any semen station/Semen bank/AI service provider/AI technician and have such samples analyzed from a recognized laboratory. All the stock of the semen which is from uncertified bull/ below minimum standard as specified by the Government shall be destroyed immediately, semen processing equipment shall be sealed and registration of such semen station, AI service Provider and AI technician shall be cancelled.

(2) The provisions of the ^*[Jammu and Kashmir Code of Criminal Procedure, Svt. 1989 (1933 A.D.)] relating to search and seizure shall, as far as may be, apply to searches and seal/seizures under sub-section (i).

* Now Code of Criminal Procedure, 1973.

Section 19.Maintenance and Submission of Records.

(1) Every person who holds a certificate of registration under the Act shall maintain such books, accounts and records relating to his business transactions in such form, as may be specified by the Authority in this behalf.

(2) Every person who holds a certificate of registration for a Semen station/semen bank shall submit to the Authority, an annual report, in duplicate, in respect of the Semen Station/Semen Bank in such form, as may be prescribed and with respect to new bulls proposed for certification whose semen is to be put on use in such form, as may be prescribed.

Section 20. Power to give direction

Notwithstanding anything contained in any other law, but subject to the provisions of the Act, and to any directions that the Government may give in this behalf, the Authority, may in exercise of its powers and performance of its functions under the Act, issue any directions in writing to any person, officer, or authority, which shall include the power to direct,––

(i) the closure, prohibition or regulation of any operation, process or

activity related to bovine breeding ; or

(ii) the stoppage or regulation of supply of electricity, water or any other service.

Section 21.Power to make application to Court for restraining bovine breeding activities in contraven-tion of the Act.

(1) Where it is apprehended by the Authority, that any person, firm, company or Non-Governmental Organization is engaged in the bovine breeding services or trading and supply of semen/ embryo/providing breeding services in contravention of the provisions of the Act or rules made there under, the Authority or any officer authorized by it, may file a complaint in the Court of Judicial Magistrate First Class for restraining the said person from carrying out the said activity.

(2) On receipt of an application under sub-section (1), the Court may pass an order restraining any such person, to carry out the said activity or give such directions or pass such order as it may deem fit.

Section 22.Penalties.

(1) Any person who contravenes or violates any provision of the Act or rules made thereunder, shall be punished with a fine up to one lakh rupees or with rigorous imprisonment upto one year, or both.

(2) The fine so imposed, may be recovered from the person concerned, as arrears of land revenue.

Section 23. Cognizance of Offences.

(1) No court shall take cognizance of any offence under the Act, except on a complaint made by the Authority or any officer authorized by it in this behalf.

(2) No Court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under the Act.

Section 24.Prosecution Sanction

No prosecution for offences punishable under the Act shall be instituted, except with the prior sanction of an officer authorized in this behalf by the Authority, by notification.

Section 25.Offence to be Cognizable.

The Production, possession, distribution, sale, transfer in any form, import-export or use of unauthorized semen or misbranded or sub-standard semen shall be a cognizable offence under the Act.

Section 26.Report of Recognized Laboratory.

Any document purporting to be a report duly issued by a recognized laboratory may be used as evidence of the facts stated therein in any proceedings under the Act.

Section 27. Local Authorities to assist.

All local authorities shall render such help and assistance and furnish such information to the Authority, as it may require for discharge of its functions and shall make available for inspection and examination such records or documents, as may be necessary.

Section 28.Reports.

The Authority shall furnish to the Government such reports, statistics, and other information with respect to its funds, activities or policies as required by the Government, from time to time.

Section 29.Experts, officers and officials of the Authority to be public servants.

All experts, officers and officials of the Authority, when acting or purporting to act in pursuance of any of the provisions of the Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the ^*[Ranbir Penal Code, Samvat 1989].

* Now Indian Penal Code, 1860 (45 of 1860).

Section 30. Bar on Jurisdiction

No civil court shall have any jurisdiction in any matter, in respect of which the Government or any other person or Authority is empowered by the Act to take cognizance, and dispose it of, and the manner in which the Government or such person or authority may exercise any power, vested in it or him by or under the Act.

Section 31.Protection of action taken in good faith.

No suit or other legal proceedings shall lie against any member, officer or officials, of the Authority in respect of anything which is in good faith and public interest, done or intended to be done in pursuance of the Act or the rules made thereunder.

Section 32. Power of Government to make rules

(1) The Government may, by notification in the ^**[Government Gazette], make rules for carrying out the purposes of the Act.

(2) In particular and without prejudice to the generality of the foregoing powers, the Government may make such rules, as may provide for any other matter which has to be or may be prescribed.

(3) Every rule made under the Act shall be laid, as soon as may be, after it is made, before ^***[the House of the State Legislature], while it is in session, for a total period of fifteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, ^***[the House] agrees in making any modification in the rules, or the House agrees, that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

**Now Official Gazette.
***Now the Legislative Assembly of the Union territory of Jammu and Kashmir.

Section 33. Power to remove difficulties.

(l) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by an order published in the ^**[Government Gazette], make such provisions not inconsistent with the provisions of the Act as may appear to be necessary for removing the difficulty.

(2) The Government may issue such guidelines to the Authority as it deems fit for the purpose of implementation of the provisions of the Act.

** Now Official Gazette

Section 34.Funds of the Authority

The funds of the Authority shall be the budgetary allocation of the Department of Animal Husbandry, Jammu/ Kashmir, Livestock Development Board, Jammu and Kashmir who will propose minimum fund requirement for the Authority in Annual revenue budget.

Jammu and Kashmir act 051 of 2018 : The JAMMU AND KASHMIR BOVINE BREEDING (REGULATION OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL INSEMINATION SERVICES) ACT, 2018

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