The Andhra Pradesh Bovine Breeding (Regulation of Production & Sale of Bovine Semen and Artificial Insemination Services) Act, 2021

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh Bovine Breeding (Regulation of Production & Sale of Bovine Semen and Artificial Insemination Services) Act, 2021.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,-

1. (a) "Artificial Insemination" means the technical process of collecting semen from a bovine male and depositing it into the reproductive tract of a bovine female by human intervention;
2. (b) "Bovine" includes bulls, bullocks, cows, buffalo-bulls, buffalo-heifers and buffaloes;
3. (c) "Breeding" means the process of mating including artificial insemination for the purpose of reproduction;
4. (d) "Competent Authority" means an officer or an authority notified by the Government under section 3 to perform the functions of the Competent Authority under this Act;
5. (e) "Government" means the State Government of Andhra Pradesh;
6. (f) "Notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
7. (g) "Prescribed" means prescribed by rules made under this Act;
8. (h) "Semen" means the semen of a bovine male;
   • (i) "Semen Station" means an establishment maintained for production, collection, processing, storage and sale of bovine semen;
9. (j) "Technician" means a person who has undergone the prescribed training in artificial insemination and has been certified by the Competent Authority to perform artificial insemination.

Registration of Semen Station

1. (1) No person shall establish or operate a Semen Station unless such Semen Station is registered under this Act.
2. (2) Every person or organization intending to establish or operate a Semen Station shall make an application to the Registration Authority in such form and on payment of such fee as may be prescribed: Provided that, all existing Semen Stations shall also apply for registration within the period as may be prescribed.
3. (3) The Registration Authority may, after such inquiry as it deems fit and on being satisfied that the applicant fulfills the standards as may be prescribed, register the Semen Station and issue a certificate of registration in the form as may be prescribed.
4. (4) Every registration granted under this section shall be valid for such period as may be prescribed and may be renewed on an application made in this behalf and on payment of such fee as may be prescribed.
5. (5) The Registration Authority may, for reasons to be recorded in writing, refuse to grant or renew the registration: Provided that, no application shall be refused unless the applicant has been given a reasonable opportunity of being heard.
6. (6) If the Registration Authority is satisfied that any Semen Station is not complying with the standards prescribed, it may suspend or cancel the registration of such Semen Station for such period as it deems fit, after giving the holder of the registration an opportunity of being heard.

Prohibition of production, sale or distribution of bovine semen

1. (1) No person shall produce, sell, distribute or supply bovine semen unless the donor bull meets the minimum standards as may be prescribed and the semen is stored, processed and supplied by a registered Semen Station.
2. (2) No person shall import, distribute, use or supply bovine semen for breeding purposes unless it conforms to such standards as may be prescribed and is produced by a Semen Station registered under this Act or by any other agency approved by the Government of India or the State Government.
3. (3) The Government may, by notification, prohibit the use of semen from any bull or breed of bulls in the interest of bovine breeding policy of the State.

Classification of Semen Stations:

1. (1) Every semen station shall be classified into such categories as may be prescribed.
2. (2) Every semen station shall be registered with the State Bovine Breeding Authority in such manner and on payment of such fee as may be prescribed.

Standards for Semen Stations:

1. (1) Every semen station shall comply with such minimum standards of infrastructure, breeding bulls, production, and quality of semen as may be prescribed.
2. (2) Every semen station shall maintain such records and registers and submit such periodical returns to the State Bovine Breeding Authority as may be prescribed.

("Artificial Insemination Services")

1. (1) No person or organization shall provide artificial insemination services unless registered under this Act.
2. (2) Every person or organization providing artificial insemination services shall—
   • (a) utilize semen only from a registered semen station;
   • (b) maintain accurate records of artificial insemination performed in such form and manner as may be prescribed;
   • (c) ensure that artificial insemination is performed by an accredited artificial insemination technician; and
   • (d) comply with such other standards and protocols as may be prescribed. Provided that nothing in this section shall apply to artificial insemination performed by a veterinarian registered under the Indian Veterinary Council Act, 1984 under the direct supervision of the owner of the animal.

("Accreditation of Artificial Insemination Technicians")

1. (1) No person shall perform artificial insemination unless he is accredited as an artificial insemination technician by the State Accrediting Authority.
2. (2) The State Accrediting Authority shall accredit artificial insemination technicians in accordance with such criteria and procedures as may be prescribed.
3. (3) The accreditation granted under sub-section
4. (1) shall be valid for such period and subject to such conditions as may be prescribed.

Power to prohibit or restrict movement

1. (1) If the Government is of the opinion that it is necessary or expedient in the public interest for the prevention of spread of any contagious or infectious disease in bovine, it may, by notification, prohibit or restrict the movement of any bovine or any bovine semen or any other biological material used for artificial insemination for such period as may be specified in the notification.
2. (2) Notwithstanding anything contained in sub-section (1), the Government may, for the purposes of this Act, authorize any officer to prohibit or restrict the movement of any bovine or bovine semen or biological material, if he has reason to believe that such movement is in contravention of any of the provisions of this Act or the rules made thereunder.

Maintenance of records

1. (1) Every person or organization involved in the production, supply, distribution or use of bovine semen or providing artificial insemination services shall maintain such records and registers as may be prescribed.
2. (2) Such records and registers shall be open to inspection by such authority, as may be authorized by the Government in this behalf, during working hours.

Power of entry and inspection

1. (1) Any officer authorised by the Government or by the Breeding Authority in this behalf may, at all reasonable times, enter and inspect any Semen Station, Artificial Insemination Centre, mobile Artificial Insemination unit, any place where bovine semen is stored, or any premises where Artificial Insemination is being carried out, for the purpose of ensuring that the provisions of this Act and the rules made thereunder are being complied with.
2. (2) Every person in charge of such Semen Station or Artificial Insemination Centre or premises shall be bound to afford all reasonable facilities to the officer authorised under sub-section
3. (1) for such inspection.

Power to seize and detain The Breeding Authority or any officer authorised by it in this behalf may, if he has reason to believe that any provision of this Act or rules made thereunder has been or is being contravened:

1. (a) seize any bovine semen, equipment, or records relating to Artificial Insemination services from any place or premises;
2. (b) detain any bovine semen, equipment, or records so seized for the purpose of further investigation or for initiating legal proceedings:

Penalties Penalties:

1. (1) Whoever contravenes any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
2. (2) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act, shall be punishable for the second and every subsequent offence with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.

Offences by companies:

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section,-
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Cognizance of offence:

1. (1) No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by the Competent Authority or any officer authorized by it in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act.

Protection of action taken in good faith: No suit, prosecution or other legal proceedings shall lie against the Government or the Competent Authority or any officer or person authorized by the Government or the Competent Authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

Power to make rules.-

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the procedure for application for registration of semen stations and its renewal;
   • (b) the fees to be paid for registration and renewal of registration of semen stations;
   • (c) the standards for production, storage and quality of bovine semen;
   • (d) the qualifications and training requirements for artificial insemination technicians;
   • (e) the procedure for inspection of semen stations and artificial insemination services;
   • (f) the manner of maintaining records and submission of periodical reports by semen stations and artificial insemination service providers;
   • (g) any other matter which is required to be, or may be, prescribed.
3. (3) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.

Power to remove difficulties.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty:

Power to delegate Power to delegate: The Government may, by notification, delegate all or any of its powers under this Act, except the power to make rules, to the Director or any other officer subordinate to him, subject to such restrictions and conditions as may be specified in the notification.

Repeal and savings:

1. (1) The Andhra Pradesh Bovine Breeding (Regulation of Production and Sale of Bovine Semen and Artificial Insemination Services) Ordinance, 2021 (Andhra Pradesh Ordinance No. 5 of 2021) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.