The Gujarat Bovine Breeding (Regulation) Act, 2025

IV- Ex.-9 9-1 Extra No. 9 © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY

Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

11-03-2023 11:42

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 9 th April, 2025 is hereby published for general information. K. M. LALA, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. 9 OF 2025.

(First published, after having received the assent of the Governor, in the “Gujarat

Government Gazette”, on the 9 th April, 2025). AN ACT to provide for the improvement of bovines and other animals by regulating bovine breeding activities such as use of bovine breeding bulls for production, processing, storage, sale and distribution of semen, artificial insemination along with assisted reproductive technologies in bovines and for all matters connected therewith or incidental thereto. It is hereby enacted in the Seventy-sixth Year of the Republic of India as follows: -

9-2 GUJARAT GOVERNMENT GAZETTE, EX. 09-04-2025 [ PART IV

(1) This Act may be called the Gujarat Bovine Breeding (Regulation) Act, 2025. (2) It extends to the whole of the State of Gujarat. (3) It shall apply to bovine in the first instance and to such animals, as the State Government may, by notification in the Official Gazette, specify. (4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires, - (a) "Artificial Insemination" or "AI" means the process of depositing disease free bovine semen artificially in the uterus of a mature bovine female with intention of making it conceived; (b) "Artificial Insemination Service Provider" means a person who provides the artificial insemination services through registered artificial insemination technicians; (c) "Artificial Insemination Technician" means a person except veterinarian who possesses requisite qualification of AI training course or refresher course, as the case may be, from an accredited AI training institute by State Government or / and Central Government and already having registration with Authority; (d) "Assisted Reproductive Technology" or "ART" means the techniques being utilized for bovine breed improvement and treatment of infertility in bovines which includes artificial insemination involved in embryo transplant, oocyte pickup, In-vitro maturation and fertilization of bovine oocytes, embryo manipulation, freezing, storage and deposition of embryo in female genital tract, cloning, intra cytoplasm sperm injection and synchronization of estrus; (e) "Assisted Reproductive Technology expert" or "ART expert" means a registered veterinarian, who possesses requisite qualifications, skill and experience in assisted reproductive technology for providing the assisted reproductive technology services, as may be prescribed; (f) "Assisted Reproductive Technology service provider" or "ART service provider" means a person, who provides assisted reproductive technology services through registered assisted reproductive technology experts; (g) "Authority" means the Gujarat Bovine Breeding Regulatory Authority established under section 9; (h) "Bovine" means a cow, cow-bull, cow-heifer, buffalo, buffalo-bull and buffalo-heifer; (i) "Bovine breeding activities" means breeding activities in bovine that include use of bovine bulls, production, storage, transportation and use of frozen semen, embryos and oocytes or use of reproductive organs; (j) "Certified bull" means a bovine bull certified by the Authority, which is kept for semen production for a particular bovine breed and meets the prescribed standards; (k) "Embryo Transplant or In-vitro Fertilization laboratory" or "ET or IVF laboratory" means any premises, where a facility is set up for collection, processing, storage and transplant of bovine germ plasm or embryos and the use of bovine semen for fertilization of oocytes by either in-vivo or In-vitro method including the deposition of bovine embryos in female genital tract of recipient bovine female; (l) "Government" means the Government of Gujarat; (m) "person" shall include any company or association of persons or body of individuals, whether incorporated or not; (n) "premises" means any land, premises, yard, building, vessel, vehicle or any other location used for bovine breeding activity; (o) "prescribed" means prescribed by rules made under this Act; (p) "Misbranded Semen" means semen doses of breeding bull whose DNA profile does not match with the DNA profile of the semen doses kept in the records of the semen station or semen straw; (q) "Natural service" means use of breedable healthy bulls for making female bovines pregnant by natural mating; (r) "Research institute" means an institute run by a person, with intent to use live animals or semen or embryos or oocytes or reproductive organs in research, tests or experiments for scientific investigation or in a systematic search for facts; (s) "Semen" means the semen or sexed semen of cow bull or buffalo bull in any form; (t) "Semen bank" means any premise where the bovine semen is stored for trading or distribution; (u) "Semen station" means an approved premise, where a facility is set up for collection, processing, storage and distribution of bovine semen for artificial insemination; (v) "Sexed sorted Semen" or "sexed semen" means semen having sperms to produce more progenies of a desired sex; (w) "State" means the State of Gujarat; (x) "Veterinarian" means a registered veterinary practitioner defined in the Indian Veterinary Council Act, 1984. (52 of 1984).

(1) Save as otherwise provided in this Act, no person shall undertake any activity of bovine breeding through natural service, production, storage, transportation, sale or use of the bovine semen, embryos, ova or oocytes in the State, unless such person is having a certificate of registration. (2) The person holding certificate of registration under this Act shall maintain the prescribed standards relating to bovine breeding activities, laid down by the State Government or Central Government, from time to time. (3) No person shall make advertisement or publicity misrepresenting the facts about the types and nature of services for which he has been granted the certificate of registration.

(1) On and from the date of commencement of this Act, - (a) No person shall establish and operate a semen station or embryo transplant or In-vitro fertilization laboratory; (b) No person shall establish and operate Artificial Insemination Training Institute (AITI); or (c) No assisted reproductive technology service provider shall provide assisted reproductive technology services, for bovine breeding activities in the State, unless such person is having certificate of registration. (2) On and from the date of commencement of this Act, no person shall engage in the assisted reproductive technology services as assisted reproductive technology expert in the State, unless he, - (a) possesses such qualification and experience, and has undergone the requisite training, as may be prescribed, and (b) is having valid certificate of registration. (3) Every existing, - (a) embryo transfer or In-vitro fertilization laboratory, (b) assisted reproductive technology expert, and (c) assisted reproductive technology service provider, shall apply to the Authority for issue of certificate of registration within the period of six months from the date of commencement of this Act. (4) Every existing semen station and Artificial Insemination Training Institute registered or accredited under Central Government Act and or rule has to register under this Act within Six months from the date of commencement of this Act.

(1) On and from the date of commencement of this Act, - (a) No person shall establish and operate a semen bank; or (b) No person of artificial insemination service provider shall provide artificial insemination services. for bovine breeding activities in the State, unless such person is having certificate of registration from Authority. (2) On and from the date of commencement of this Act, no person shall engage in artificial insemination services as artificial insemination (AI) technician in the State unless he, - (a) possesses such required qualification and has undergone the requisite training, as may be prescribed, and (b) is having certificate of registration issued by the concerned authorised officers under this Act. (3) Every existing, - (a) Semen bank shall apply to the Authority, for issuance of certificate of registration within six months from the date of commencement of this Act. (b) artificial insemination service provider and artificial insemination technician, registered or accredited under Central Government Act and /or rule must be registered under this Act within six months from the date of commencement of this Act. (4) All Persons who intend to keep male bovine for breeding by natural service either for their own herd or for making service available to other farmers' bovines shall register the male bovine with the officer identified by the Authority in such manner as may be prescribed.

(1) The manner of registration, re-registration, renewal or revocation of registration, or payment of fee shall be such as may be prescribed. (2) The State Government may impose such conditions, for registration, re-registration, renewal or revocation of registration, as may be prescribed.

For the purpose of registration under this Act, - (a) The Gujarat Bovine Breeding Regulatory Authority shall be the authority for section 4; and (b) The officer as the State Government may by notification in the Official Gazette authorise shall be the authorised officer for section 5.

Any person aggrieved by an order passed by the Authority or, the authorised officer, as the case may be, pertaining, - (a) to section 4 may file an appeal before the Secretary, Animal Husbandry; and (b) to section 5 may file an appeal before an appropriate officer, in the manner as may be prescribed.

(1) On and from the date of commencement of this Act, there shall be established, for the purposes of this Act, an Authority to be known as “the Gujarat Bovine Breeding Regulatory Authority” to exercise the powers conferred upon and to perform the functions assigned to it, under this Act. (2) The Authority shall consist of following members, namely: - (i) the Director of Animal Husbandry, Gujarat State, Gandhinagar - Chairperson (ii) the Chief Executive Officer, Gujarat Livestock Development Board, Gandhinagar - Vice-Chairperson (iii) the Deputy Secretary (Animal Husbandry), Agriculture, Farmer Welfare and cooperation Department, Gujarat State - ex-officio Member (iv) the Professor and Head, Animal Reproduction, Gynecology and Obstetrics, nominated by Kamdhenu University Gandhinagar, Gujarat State - ex-officio Member (v) the Joint Director (Intensive Cattle Development Programme), Gujarat State, Gandhinagar. - Member-Secretary (3) The headquarters of the Authority shall be at Gandhinagar, Gujarat. (4) The Authority shall have the jurisdiction all over the State of Gujarat in respect of bovine breeding activities. (5) The Authority shall meet at least once in three months at such time, as the Chairperson may decide and shall observe such procedure to transact its business at such meetings, as may be prescribed. (6) The meetings of the Authority shall be convened and presided over by the Chairperson. In absence of the Chairperson, the meeting shall be presided over by the Chief Executive Officer, Gujarat Livestock Development Board, Gandhinagar. (7) The State Government may, for the purpose of enabling the Authority, to efficiently discharge its functions under this Act, provide such number of officers and other employees as may be considered necessary.

(1) The State Government shall take under its control the bovine breeding activities through the Authority. The Authority also exercise the powers conferred on, and perform the functions assigned to, it under this Act. (2) The Authority shall be a body constituted by the name aforesaid, having perpetual succession and a common seal, with powers to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Authority may constitute committees and sub-committees as may be necessary for efficient discharge of duties and performance under this Act. (4) The Authority shall have the power to co-opt as member of any committee appointed under sub-section (3) such other number of person(s) who are not member of Authority, as it may be think fit. (5) The Authority shall appoint a team of experts having relevant professional experience of not less than ten years in the field of animal breeding or husbandry in any veterinary institution of repute, for the purpose of conducting inquiry or inspection of any person or any premises and to perform such other functions, under this Act. (6) The Authority shall perform the following functions, namely: - (a) to monitor and regulate natural service of bovine breeding through compulsory registration of bull; (b) to monitor, regulate and promote the production of bovine semen, bovine embryos, ova or oocytes in the State; (c) to monitor, regulate and promote storage, transportation, distribution, sale and use of bovine semen, bovine embryos, ova or oocytes in the State; (d) to register and renew the registration of the Semen Station, Embryo Transplant or In-vitro Fertilization Laboratory, Assisted Reproductive Technology experts, Assisted Reproductive Technology service providers as per the provisions of this Act, and collect certification charges / any other charges for services rendered as may be prescribed; (e) to register the AI Training Institutes with prior permission of the Government; (f) to certify the bulls to be used for semen production which meet the prescribed standards; (g) to advice the Government on any matters concerned with bovine breeding activities; (h) to undertake surveys and conduct studies of bovine breeding activities to ascertain the status, potential problems and solutions thereon; (i) to make regulations for performing the functions of the Authority, under the provisions of this Act; (j) to enforce Acts and to formulate and implement rules and policies as per the instructions received from State Government time to time; (k) to appoint expert with veterinary qualifications and experience as it may consider necessary for the efficient discharge of its functions with the prior permission of Government; (l) to call information from the persons engaged in the bovine breeding activities; (m) to give directions requiring any person in-charge of any premises, where any bovine breeding activity is carried out and who in its opinion, is contravening any of the provisions of this Act and the rules made thereunder; (n) to delegate the required powers to any Government officer to discharge the functions of the Authority; (2) The Authority shall be a body constituted by the name aforesaid, having perpetual succession and a common seal, with powers to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Authority may constitute committees and sub-committees as may be necessary for efficient discharge of duties and performance under this Act. (4) The Authority shall have the power to co-opt as member of any committee appointed under sub-section (3) such other number of person(s) who are not member of Authority, as it may be think fit. (5) The Authority shall appoint a team of experts having relevant professional experience of not less than ten years in the field of animal breeding or husbandry in any veterinary institution of repute, for the purpose of conducting inquiry or inspection of any person or any premises and to perform such other functions, under this Act. (6) The Authority shall perform the following functions, namely: - (a) to monitor and regulate natural service of bovine breeding through compulsory registration of bull; (b) to monitor, regulate and promote the production of bovine semen, bovine embryos, ova or oocytes in the State; (c) to monitor, regulate and promote storage, transportation, distribution, sale and use of bovine semen, bovine embryos, ova or oocytes in the State; (d) to register and renew the registration of the Semen Station, Embryo Transplant or In-vitro Fertilization Laboratory, Assisted Reproductive Technology experts, Assisted Reproductive Technology service providers as per the provisions of this Act, and collect certification charges / any other charges for services rendered as may be prescribed; (e) to register the AI Training Institutes with prior permission of the Government; (f) to certify the bulls to be used for semen production which meet the prescribed standards; (g) to advice the Government on any matters concerned with bovine breeding activities; (h) to undertake surveys and conduct studies of bovine breeding activities to ascertain the status, potential problems and solutions thereon; (i) to make regulations for performing the functions of the Authority, under the provisions of this Act; (j) to enforce Acts and to formulate and implement rules and policies as per the instructions received from State Government time to time; (k) to appoint expert with veterinary qualifications and experience as it may consider necessary for the efficient discharge of its functions with the prior permission of Government; (l) to call information from the persons engaged in the bovine breeding activities; (m) to give directions requiring any person in-charge of any premises, where any bovine breeding activity is carried out and who in its opinion, is contravening any of the provisions of this Act and the rules made thereunder; (n) to delegate the required powers to any Government officer to discharge the functions of the Authority; (o) to constitute committee or sub-committees as and when required for carrying out the functions of the Authority in an effective manner; (p) to perform such other functions as may be entrusted by the State Government; and (q) the Authority, while discharging the functions under this Act, shall be bound by such directions as may be given by the State Government.

(1) The Authority or any officer or member of team of experts authorised by him in this behalf, with a view to securing compliance with the terms and conditions of the registration or recognition and any provisions of this Act and rules made thereunder, or for the purpose of inspection and enquiry, may – (a) enter, inspect and cause or conduct search of any place of business or premises of the semen station or artificial insemination service provider or training institute in which it has reason to believe that any activity in contravention of the provisions of this Act and rules made thereunder is going on or there is any contravention of any of the provisions of this Act or rules made thereunder or the holder of certificate is doing activities in violation of the conditions of registration or recognition issued under this Act; (b) collect samples of semen, frozen semen straw, blood or any other material used in semen production or AI services, from the premises of any semen station or AI service provider or training institute and have such samples analysed by a laboratory authorised in that behalf by the Authority and shall also seize any bulls therefrom which are not duly certified for semen production or make such other enquiry as may be required, take statements of the holder of the certificate of registration or recognition and other persons working in such premises and to check the records thereof. (2) 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 made under sub-section (1).

(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.

(1) There shall be a fund of the Authority to be called \u201cthe Gujarat Bovine Breeding Regulatory Authority Fund\u201d to which all moneys received by the Authority, including grants made by the Government, fees received, donations or subsidies, gifts and bequests made to it by any person or institution shall be credited. (2) All funds of the Authority shall be kept in a Scheduled Bank and shall be operated by the person, as may be authorised by the Authority in this behalf, in writing.

(1) The Authority shall keep accounts in such form and in such manner as may be prescribed. (2) The accounts of the Authority shall be audited by the office of the Examiner, Local Fund or by any other auditor appointed by the Authority with the approval of the State Government. (3) The State Government may, if it thinks necessary, appoint a special auditor to inspect and audit the accounts of the Authority. (4) The auditor or the special auditor, as the case may be, shall submit his report to the Authority and shall forward a copy thereof to the State Government.

(1) The Authority shall prepare, an annual report, in such form and by such date, as may be prescribed, for each financial year, giving a full account of its activities during the previous financial year and submit a copy to the Government within one month from the prescribed date. (2) Upon receipt of the annual report, the Government may take such action thereon as it may consider necessary. (3) A copy of the report submitted to the Government, together with a report of the action taken thereon by the Government under sub-section (2), shall be laid before the State Legislature.

Any bovine semen or embryo production facility set up by Government Research Institute or the University for the purpose of research and training shall be exempted from the obligation of holding a certificate of registration under this Act: Provided that, such research institute or the University shall not use the semen or embryo, for supply or sell to any artificial insemination technician or artificial insemination service provider or assisted reproductive technology service provider, for the purpose of mass bovine inseminations or embryo transplant.

(1) Every person who holds a certificate of registration under this Act shall maintain such books, accounts and records relating to his business in such form and in such manner, as may be prescribed. (2) Every person who holds a certificate of registration under this Act shall submit to the Authority, half yearly returns, in duplicate, in such forms and in such manner, as may be prescribed.

No suit, prosecution or other legal proceedings shall lie against the Authority, any officer or employee of the Authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other laws for the time being in force.

(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be they are made, and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make, during the session in which they are so laid or the session immediately following. (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

The Authority may, with the previous approval of the State Government, make regulations, from time to time, by notification published in the Official Gazette, not inconsistent with the provisions of this Act and rules made thereunder, for all or any of the matters provided under this Act, by regulations.