Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Madras Live-Stock Improvement Act, 1940 15 of 1940 [] CONTENTS 1. Short title, extent and commencement 2. Definitons 3. Appointment of Deputy Superintendent 4. Bulls which have attained a certain age to be licensed 5. Refusal and revocation oflicences 6. Surrender of licence 7. Inspection of bulls 8. Power to order castration of bulls 9. Duty to inform owner of contents of notice or order of castration 10. Production of licence 11. Penalties 12. Power of licensing officer to castrate bulls 13. Power of licencing officer, etc., to inspect or mark bulls and enter premises 14. Duty of officer to report offences etc 15. Cognizance of offences 16. Officers to be public servants 17. Bar of certain Proceedings 18. Limitation for certain suits and prosecutions 19. Revisions 20. Power to make rules 21. Saving Madras Live-Stock Improvement Act, 1940 15 of 1940 [] 11. Extended to the Union Territory of Delhi, vide Government of India, Ministry of Home Affairs, Notification No. GSR 104. dated 23.1.1960 A n Act to provide for the improvement of live-stock in the State of Madras. It is hereby enacted as follows: 1. Short title, extent and commencement :- (1) This Act may be called the Madras Live-Stock Improvement Act, 1940 . (2) It extends to the whole of the Union Territory of Delhi . (3) This section shall come into force at once, and the Chief Commissioner may from time to time by notification in the Official Gazette apply all or any of the remaining provisions of this Act to the whole or any portion of the Union Territory of Delhi from such date and for such period, if any, as may be specified in the notification, and may cancel or modify any such notification 2. Definitons :- In the Act, unless there is any thing repugnant in the subject or context (a) "bull" includes a buffalo-bull; (b) "cow" includes a buffalow-cow and a heifer , (c) "Deputy Superintendent" means the officer appointed by the Chief Commissioner as the Deputy Superintendent, Civil Veterinary Department and includes any other person on whom the powers or duties of the Deputy Superintendent are conferred or imposed under Section 3 of this Act; (d) "licence" means a licence granted under Section 4; (e) "Licensing Officer" means the Deputy Superintendent or any other officer or person authorized to grant licences under Section 4; (f) "prescribed" means prescribed by rules made under this Act; (g) a person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody; and (h) a bull is said to be "castrated" if it rendered incapable of propagating its species 3. Appointment of Deputy Superintendent :- The Chief Commissioner may by general or special order [confer or impose on any person all or any of the powers or duties of a Deputy Superintendent under this Act 4. Bulls which have attained a certain age to be licensed :- (1) No person shall keep a bull which has attained the prescribed age except under and in accordance with the terms, conditions and restrictions of a licence granted under this section, unless it is certified by the prescribed officer that the bull has been effectively castrated by a method and in a manner approved by the Deputy Superintendent. Explanation.-Where a person keeps more than one bull, he shall obtain a separate licence in respect of each bull (2) Every licence under this section shall be granted by the Deputy Superintendent or any officer or person authorized by him by general or special order. It shall be in such form, for such period, and subject to such terms, conditions and restrictions as may be prescribed. No fee shall be charged for the grant of the licence 5. Refusal and revocation oflicences :- (1) Subject to such rules as may be prescribed, the licensing officer may refuse to grant or may revoke a licence in respect of any bull if in his opinion the bull appears to be (a) of defective or inferior conformation and consequently likely to beget defective or inferior progeny, or (b) suffering from an incurable contagious or infectious disease or from any other disease rendering the bull unsuitable for breeding purposes, or (c) of a breed which it is undesirable to propagate . (2) The licencing officer may also revoke a licence granted in respect of any bull kept within his jurisdiction (whether such licence was gran ted by himself or by any otherofficer) if in his opinion (a) the licence was granted under circumstances of which the licensing officer was not aware at the time of granting the licence, or (b) there has been a breach of any of the terms, conditions or restrictions of the licence . (3) If a licence is revoked under, this section, the officer revoking the licence shall give notice thereof to the person keeping the bull or to the person stated in the licence to be the owner of the bull. The notice shall set out the grounds for the revocation . (4) No person shall be entitled to any compensation for the refusal or revocation of any licence under this section 6. Surrender of licence :- A licence granted in respect of a bull shall be surrendered without delay to the licensing officer, if (a) the period specified in the licence expires, or (b) the licence is revoked under this Act, or (c) the bull dies, or is certified by the prescribed officer to have been effectively castrated by a method and in a manner approved by the Deputy Superintendent 7. Inspection of bulls :- The licensing officer may by order require any person keeping a bull to submit it for inspection by himself or by any officer or person deputed by him for the purpose, at any reasonable time, either at the place where the bull is kept for the time being or at any other reasonable place specified in the order, and thereupon it shall be the duty of the person keeping the bull to submit it for inspection accordingly, and render all reasonable assistance in connection with such inspection to the officer .concerned 8. Power to order castration of bulls :- (1)The licensing officer may by order require any person keeping a bull which in his opinion has attained the prescribed age, and in respect of which no licence is for the time being in force under this Act, to have it castrated, within one month from the date of the service of the order, by a method and in a manner approved by the Deputy Superintendent and specified in the order . (2) Such castration shall be performed or caused to be performed by the licensing officer free of charge, unless the owner or other person keeping the bull desires to make his own arrangements for complying with the order 9. Duty to inform owner of contents of notice or order of castration :- If any notice or order is served under Section 5, Section 7, or Section 8 on any person who is not the owner of the bull, it shall be the duty of that person forthwith to take all reasonable steps to inform the owner of the contents of such notice or order, and if he fails to do so, he shall be liable to indemnify the owner against any loss the owner may sustain by reason of such failure 10. Production of licence :- It shall be the duty of any person who for the time being keeps a bull in respect of which a licence has been obtained and is in force, to produce such licence (a) within a reasonable time, at any place where the bull is for the time being, on demand by licensing officer or an officer of the Veterinary Department not below the rank of Veterinary Assistant Surgeron or an officer of the Agriculture Department not below the rank of Agriculture Assistant or an officer of the Revenue Department not below the rank of the Naib-Tahsildar,or such officer as may be authorized in this behalf by the Chief Commissioner by general or special order, or (b) before a cow is served by the bull, on demand made by the person in charge of the cow 11. Penalties :- (a) whoever keeps a bull in contravention of this Act or of any rule or order made thereunder, or of any terms, conditions or restrictions of a licence, or (b) neglects or fails to sbmitta bull for inspectin when required to do so under Section, or (c) neglects or fails to comply with an order served under Section 8,or (d) neglects or fails to produce a licence when required to do so under Section 10, Shall be punishable with fine which may extend to fifty rupees and in the case of second or any subsequent offence with fine which may extend to one hundred rupees 12. Power of licensing officer to castrate bulls :- (1) If a person who keeps a bull neglects or fails to submit it for inspection, or to have it castrated when required to do so under Section 7, or Section 8, the licensing officer may direct that the bull shall be castrated by a method and in a manner approved by the Deputy Superitendant and marked with prescribed mark in the prescribed manner free of charge . (2) (a) If it is not known in whose ownership, possession or custody a bull i s for the time beig and the fact cannot be ascertained after an inquiry in the prescribed manner, the licensing officer may seize the bull or cause it to be seized, and if he is of opinion that the bull has attained the prescribed age and is unsuitable for breeding purposes on any of the grounds specified in sub-section (1) of Section 5 may direct that the bull shall be castrated by a method and in a manner approved by the Deputy Superintendent and marked with a prescribed mark in the prescribed manner, free of charge (b) Every bull seized under clause (a) shall, after it has been castrated and marked as aforesaid where necessary, be sold by public auction or sent to pinjrapole or infirmly recognized by the Chief Commissioner in this behalf (c) In case the owner of any bull seized under clause (a) appears before the licensing officer within such time as may be prescribed in this behalf and proves to the satisfaction of such officer that the bull is owned by him- (i) in case the bull has been sold by public auction, the proceeds of such sale be paid to the owner after deducting therefrom the costs charges and expenses incurred for maintance and sale of the bull; and (ii) in any other case, the bull shall be delivered to the owner on payment of the costs, charges and expenses incurred for its maintenance (d) The costs, charges and expenses referred to in sub-clauses (i) and (ii) of clause (c) shall be determined in the prescribed manner 13. Power of licencing officer, etc., to inspect or mark bulls and enter premises :- For the purposes of this Act, a licensing officer or any officer or person authorized by him in this behalf shall have power at all reasonable times- (a) to inspect any bull; (b) to mark any bull with a prescribed mark in the prescribed manner; (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 14. Duty of officer to report offences etc :- It shall be the duty of all village officers and servants and of all officers of the Veterinary, Agricultural and Revenue Departments (a) to give immediate information to the nearest licensing officer of the commission of any offence, or of 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 power to prevent the commission of any such offence which they may know or have reason to believe is about or likely to be committed; and (c) to assist any licensing officer in carrying out the provisions of this Act 15. Cognizance of offences :- No Magistrate shall take cognizance of any offence under this Act except upon a complaint made by a licensing officer or any person authorized by such officer in this behalf 16. Officers to be public servants :- The Deputy Superintendent, every licensing officer, all officers and persons authorized by the Deouty Superintendent or a licensing officer under this Act, and all village officers and servants, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 17. Bar of certain Proceedings :- (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the Govemmentfor any actdoneor purporting to be doneunder this Act withoutthe previous sanction of the Chief Commissioner . (2) No officer or servant of Government shall be liable in respect, of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act 18. Limitation for certain suits and prosecutions :- No suit shall be instituted against the State and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the Act complained of 19. Revisions :- The Chief Commissioner may at any time either suo motu or on application, call for examine the record of any order passed by, or any proceedings recorded by, any officer or person under Act, for the purpose'of satisfying himself as to the legality or propriety of such order or as to the regularity of such proceedings, andmay pass such order in reference thereto as he thinks fit. Nothing contained in this section shall apply to the orders or proceedings of any Court or Magistrate 20. Power to make rules :- (1) The Chief Commissioer may make rules to carry out the purposes of this Act . (2) In particular and withou prejudice to the generality of the foregoing power, such rules may provide for- (a) all matter expressly required or allowed by this Act to be prescribed; (b) the circumstances in which duplicates of licences may be granted, the fees which may be charged for the grant of such duplicats, and the condition, restrictions and limitations subject to which they may be granted ; (c) the powers to be exercised and the duties to be performed by officers appointed under this Act, and the procedure of such officer, and (d) the services of notice and orders issued under this Act . (3) In making a rule under sub-section (1) or sub-section (2), the Chief Commissioner may provide thata person guilty of a breach thereof shall be punishable with fine which may extend to fifty rupees . (4) The power to maked rules conferred by this section shall be subject to the condition of the rules being made after previous publication . (5) All rules made under this section shall be published in the Gazette of India and upon such publication shall have effect as if enacted in this Act 21. Saving :- Nothing contained in this Act shall apply to a bull dedicated in good faith to a religious purpose in accordance with any religious usage or custom, provided that notice of the dedication is given in the prescribed manner to the licensing officer