Power to Inspect, Search and Seizure

Power to inspect, search and seizure.-

1. (a) The Registration Authority or any officer or team of experts authorised by the Registration Authority on his behalf, with a view to securing compliance with the terms and conditions of the registration and any provisions of this Act, may:-
   • (i) enter, inspect and cause or conduct a search of any place of business or premises of the semen station or IVF-ET lab or semen bank or artificial insemination service provider or AITs in which it has reason to believe that any contravention of the provisions of this act or of the conditions of registration issued there under has been, is being, or is about to be committed;
   • (ii) collect samples of semen & embryo or any other material used in semen & embryo production or storage or artificial insemination services from the premises of any semen station or semen bank or artificial insemination service provider or AIT’s and have such samples analysed by a laboratory authorised on that behalf by the Registration Authority and shall also seize bovine bulls or bucks or ram or boar or poultry or any other animal there from which are not duly certified for semen & embryo production; or make such other inquiry as may be required, take statements of the holder of the certificate of registration and other persons working there at such premises and to check the records thereof;
2. (b) . The provisions of The Bharatiya Nagarik Suraksha Sanhita, 2023, relating to search and seizure shall, so far as may be, apply to searches and seizures under para 6(a)
   • (i) and (ii);
3. (c) Every holder of a registration certificate, including the AIT’s engaged by the certified AI Service Provider shall be bound by any direction or order issued by the Registration Authority in pursuance of any of the provisions of this Act and shall comply with such direction or order and any failure on his part to comply with such direction or order shall be deemed to be a contravention of this Act;
4. (d) Any document purporting to be a report signed and issued by a recognized laboratory may be used as evidence of the facts stated therein any proceedings under this Act;
5. (e) All local authorities shall render such help and assistance and furnish such information to the Authority as it may require for the discharge of its functions and shall make available for inspection and examination, such records or documents as may be necessary;
6. (f) The Authority shall furnish reports, returns, statistics, and other information with respect to its funds or activities as the Government may, from time to time, require;
7. (g) No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter in which an Appellate Authority constituted under this Act is empowered;
8. (h) No suit, prosecution or other legal proceedings shall lie against the Authority, any officer or employee of the Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under;
   • (i) The Government may, by notification, direct that all or any of the powers exercisable by them under this Act, other than the powers conferred by section 3 and 6, may also be exercised by such person or persons as may be specified in the notification;
9. (j) Whenever any delegation of power is made by the Competent Authority, the person to whom such power has been delegated shall act under the direction, control and supervision of the Government;
10. (k) Any member or officer of the authority empowered by the Government, while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Bharatiya Nyaya Sanhita, 2023;
11. (l) If any difficulty arises in giving effect to any provisions of this Act, the Government may, by a general or a special order published in the Bihar Government Gazette, make such provisions not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of removing the said difficulty;
12. (m) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act; i.
    • (i) All rules made under this Act shall be published in the Bihar Government Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published; ii.
    • (ii) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are so published;
13. (n) For addition of new rule or amendment or deletion of existing rule, to or under this Act, as soon as possible, after it is drafted, be placed on the table of the State Legislature, and if, the State Legislature makes any modification in any such rule or the State Legislature decides that the rule, should not be made or issued, the rule, shall thereafter 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 under that rule.