Bare Act
The Madhya Pradesh Gau-Bhains Vansh Prajnan Viniyaman Adhiniyam, 2019
1. Short title, extent and commencement
(1) This Act may be called the Madhya Pradesh Gau-Bhains Vansh Prajnan Viniyaman Adhiniyam, 2019. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions
In this Act, unless the context otherwise requires,- (a) "Artificial Insemination" means the technique of depositing semen into the reproductive tract of a female bovine by artificial means; (b) "Artificial Insemination Technician" means a person who has been imparted training in the technique of artificial insemination by an institution recognised by the State Government or competent authority and is authorized to perform the work; (c) "Breeder" means a person or an organization engaged in the activity of breeding of animals; (d) "Breeding Policy" means the policy relating to breeding of animals as notified by the State Government; (e) "Bovine" means Gau-Vansh (Cow progeny) and Bhains-Vansh (Buffalo progeny); (f) "Bull" means a male bovine used for breeding purposes; (g) "Certification Agency" means an agency notified by the State Government; (h) "Competent Authority" means an officer authorized by the State Government; (i) "Embryo Transfer" means the technique of collecting embryos from a female animal and transferring the same to the reproductive tract of another female animal for the purpose of pregnancy; (j) "Government" means the State Government; (k) "Institution" means an organization or other entity as defined in the rules; (l) "License" means a license granted under this Act; (m) "Licensee" means a person to whom a license has been granted under this Act; (n) "Liquid Nitrogen" means the refrigerant gas used for the preservation of frozen semen; (o) "Premises" means any building, structure, mobile unit or land including the precints thereof; (p) "Prescribed" means prescribed by rules made under this Act; (q) "Quality Control" means the process of evaluating the quality of semen, embryo or any other reproductive biological material; (r) "Registration" means registration of bull under the provision of the Act; (s) "Rules" means the rules made under this Act; (t) "Semen" means the semen of a bull or buffalo bull, processed and stored; (u) "Semen Bank/Station" means a place or facility where semen is collected, processed, tested, packaged, labelled and stored; (v) "Seizure" means taking into possession of any article or asset by the competent authority or any officer authorized by the Government.
3. Constitution of the State Breeding Board
(1) The Government shall, by notification, constitute the State Breeding Board for the purpose of breeding, production and monitoring of bovine in the State. (2) The Board shall consist of such members as may be prescribed. (3) The State Breeding Board shall perform such functions as may be prescribed for the purpose of this Act.
4. Powers and functions of the State Breeding Board
The State Breeding Board shall have the following powers and functions, namely:- (a) to formulate and regulate the State Breeding Policy; (b) to advise the State Government on matters relating to genetic improvement and conservation of indegenous breeds; (c) to coordinate with different agencies for the purpose of implementation of technical standards for breeding; (d) to promote and facilitate the use of high genetic merit bulls; (e) to monitor the activities of semen stations; (f) to establish a monitoring and evaluation system; (g) to provide financial assistance for research and development; (h) any other function as assigned by the State Government.
5. Registration of Bulls
No person shall maintain or use any bull for breeding purposes, whether by natural service or artificial insemination, unless such bull is registered and certified by the competent authority.
6. Standards for Artificial Insemination
(1) No person shall practice artificial insemination or embryo transfer without obtaining a license from the competent authority. (2) The competent authority shall ensure that all artificial insemination and embryo transfer are performed in accordance with the prescribed standards.
7. Penalty for contravention
Any person who contravenes the provisions of this Act or the rules made thereunder shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 50,000 or with both.
8. Power to enter and inspect
The competent authority may, at any time, enter and inspect any premises where any activity relating to breeding or artificial insemination is being carried out, to ensure compliance with the Act.
9. Cognizance of offence
No court shall take cognizance of any offence punishable under this Act, except upon a complaint in writing made by the Competent Authority.
10. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Government or any officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
11. Power to make rules
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) the composition of the State Breeding Board; (b) the procedure for registration of bulls; (c) the standards for artificial insemination; (d) the fee prescribed for licenses and registration; (e) any other matter which is required to be or may be prescribed.
12. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty.
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