Chapter IV OFFENCES AND PENALTIES

(1) Any person having a certificate of registration under sections 4 and 5 of this Act has failed to maintain the prescribed standards relating to bovine breeding activities laid down by the State Government and the Central Government, from time to time, shall be punished with fine which may extend to fifty thousand rupees. further amount not exceeding one thousand rupees for every day during which the non-compliance or violation continues. (2) Whoever carries out any of the bovine breeding activities without holding a certificate of registration or carry on production activity of frozen semen from other than the certified bulls or breeding activities with misbranded semen or contravenes any of the provisions of this Act, shall on conviction, be punished with a simple imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both. (3) Any person resorts to any sort of advertisement or publicity misrepresenting the facts about the type and nature of services for which he has been granted the certificate of registration, shall on conviction, be punished with a simple imprisonment for a term which may extend to six months or with fine which may extend to two lakh rupees, or with both. (4) The Authority or officer authorised by the Authority shall be entitled to impose fine under sub-sections (1) and (2) and other fines or charges as may be specified by rules for non-compliance or violation of any conditions of the registration, renewals of license of the provisions or requirements of this Act or rules made thereunder and license conditions, directions or orders of the Authority made from time to time. (5) The fines or charges which may be imposed by the Authority or officer authorised by the Authority under this Act shall be in addition to and not in derogation or any other liability, which the person guilty of violation or non-compliance, may have incurred.

(1) Subject to the provisions of this Act, and to any direction that the Government may give in this behalf, the Authority, may in exercise of its powers and performance of its functions under this Act, issue any direction in writing to any person or officer and such person or officer shall be bound to comply with such directions. (2) The powers to issue directions under this section shall include the power to direct— (a) the closure, prohibition or regulation of any operation, process or activity related to bovine breeding, AI services, training; or (b) the stoppage or regulation of supply of electricity, water or any other service.

The District Magistrate and the District Superintendent of Police having jurisdiction in the area concerned shall co-operate by themselves or through their subordinates, with the Gujarat Bovine Breeding Regulatory Authority or officer authorised by the Authority for carrying into effect and enforcing the provisions of this Act.

(1) Where it is apprehended by the Authority that, any person engaged in the bovine breeding activities in contravention of the provisions of this Act or rules made thereunder and has refused to either comply with the notice served upon him or to pay the fine imposed upon him, for such contravention, the Authority or any officer authorised by it, may file a complaint in the Court of Judicial Magistrate First Class, for restraining the said person from carrying out the said activities. (2) On receipt of an application under sub-section (1), the court may pass an order restraining any such person from carrying out the said activity or give such directions or pass such order as it may deem fit.

(1) No court shall take cognizance of any offence under this Act except on a complaint made by the Authority or any officer authorised in this behalf. (2) 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 this Act to take cognizance, and dispose it off, and the manner in which the Government or such person or Authority may exercise any power, vested in it or to him by or under this Act.

(1) Where an offence under this Act has been committed by a company, every person who, at the time when 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 for that he had exercised all due diligence to prevent the commission of such offence. (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 and punished accordingly.