The Madhya Pradesh Livestock Improvement Act 1950

(1) This Act may be called the Madhya Pradesh Livestock Improvement Act, 1950. (2) It extends to the whole of Madhya Pradesh. These rules may be called the Madhya Pradesh Live-stock Improvement Rules, 1961.

In this Act, unless there is anything repugnant in the subject or context,— (a) "Live-stock Officer" means the officer or person appointed by the State Government or by any other officer or authority empowered by the State Government in this behalf to perform the functions of a Live-stock Officer under this Act; (b) "prescribed" means prescribed by rules made under this Act; and (c) "Director" means the Director of Veterinary Services and includes any other officer empowered to exercise all or any of the functions of the Director under this Act. In these rules, unless the context otherwise requires,—(a) "Act" means the Madhya Pradesh Livestock Improvement Act, 1950;(b) "Effectively castrated bull" means a bull rendered incapable of procreating species;(c) "form" means a form appended to these rules;

(1) The State Government may, by notification, declare any part of the State to be a specified area for the purposes of this Act and thereupon the provisions of section 4 to 20 shall come into operation in such area. (2) No such notification shall be issued unless the State Government is satisfied that the number of bulls in the said area which are fit to be certified as approved under section 7 together with such number of bulls of this Act as may be supplied by the Government in such local area for breeding purposes will be adequate to maintain the requirements of the area. (3) The State Government may at any time cancel any notification issued under sub-section (1). (4) The validity of any notification issued under sub-section (1) or (3) shall not be called into question in any proceeding before any court or authority.

Every person who, on the date of issue of the notification under section 3 is in possession of any bull or who, at any time thereafter comes into possession of any bull which is not branded with a distinguishing mark prescribed under this Act shall give intimation of such possession to the Live-stock Officer within such period as may be prescribed.

On receipt of the intimation under section 4, or of his own motion the Live-stock Officer may require any person keeping the bull to submit the bull for inspection at any reasonable time and at a specified place in the manner prescribed and thereupon the person keeping the bull shall submit it for inspection accordingly and render all reasonable assistance in connection with such inspection.

Intimation under section 6 shall be in form I and shall be delivered or sent by post to the Livestock Officer or such other officer as may be specified by the State Government in this behalf. On the receipt of such intimation, the Livestock Officer shall acknowledge the receipt of the same in form II, indicating the date fixed for inspection and require the owner or keeper of the bull, in form III, to produce the bull for inspection at the place mentioned in the notice.

If the Live-stock Officer is satisfied that the bull— (a) is of a breed which is not likely to beget defective or inferior progeny, (b) is not suffering from an incurable contagious or infectious disease or from any other disease rendering the bull unsuitable for breeding, (c) is not of a breed which it is undesirable to propagate in the specified area or part thereof, he shall certify the bull as approved and cause it to be branded with a mark prescribed for the purpose. (a) neglects or fails to submit a bull for inspection when required to do so under section 6 of the Act; (b) neglects or fails to comply with an order served under section 9; (c) contravention of this Act or any rule or order made thereunder; shall be punishable with fine which may extend to fifty rupees and in the case of a second or any subsequent offence with fine which may extend to one hundred rupees.

Where on inspection, the Live-stock Officer is satisfied that any bull is unsuitable for breeding, he may cause the bull to be branded with a mark prescribed for the purpose. No Magistrate or Court shall take cognizance of any offence under this Act except upon a complaint made by a Live-stock Officer or any person authorised by him in this behalf.

(1) If on inspection the Live-stock Officer is satisfied that a bull is not fit for being certified as an approved bull and is also not suitable for breeding, he shall direct the person keeping the bull to have it castrated within such period as may be prescribed from the date of the service of the order. (2) The castration shall be performed or caused to be performed by the Live-stock Officer free of charge, unless the owner or other person keeping the bull makes his own arrangements for complying with the order. (3) If the person in respect of the bull fails to comply with the order within the time allowed the Live-stock Officer shall take action that may be taken under section 10 and such castration shall be performed free of charge. (4) The Live-stock Officer shall cause every bull so castrated to be branded with a suitable mark.

(1) After such enquiry as the Live-stock Officer, castration and not fit to be marked or has other wise become unf it for function as an approved bull, he may take action for the castration and marking of the bull afresh in accordance with section 6. (2) and to such conditions and restrictions may be prescribed, to enter in any premises or other place where he has reason to believe that a bull is kept in contravention of the Act. (3) the officer or person authorised, to inspect any bull; (4) to mark any bull with a prescribed mark in the prescribed manner; (5) Any marking required to be made under this Act shall be made free of charge. No suit, prosecution or other proceedings shall lie against any servant of the State Government or any person acting or purporting to act in good faith under this Act without the previous sanction of the State Government.

Any notice or order which is to be served on the keeper of the bull, under the provisions of this Act may be served in the manner which may be prescribed.

The Livestock Officer shall maintain in the prescribed form such register giving particulars of inspections, castrations and markings made under this Act.

Any notice or order which is to be served on any person under the provisions of this Act may be served in the manner which may be prescribed.

The Live-stock Officer shall maintain in the prescribed form such register giving particulars of inspections, castrations and markings made under this Act in such order and the officer on inspection or in such particulars as may be prescribed.

It shall be the duty of all persons entrusted to report offences committed with the permission of any authority in contravention of the provision of any Act or any of all officers as may be specified by the State Government by general or order and (a) to give immediate information to the nearest live-stock officer of the commission of any offence or the intention to commit any offence punishable under this Act, which may come to his knowledge.

No suit, prosecution or other proceedings shall lie against any servant of the State Government for any act done or purporting to be done in good faith under this Act without the previous sanction.

(1) The State Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for (a) all matters required to be prescribed under this Act; and (b) to be adopted by them in so acting. (3) All rules shall be subject to previous publication. (4) In making any rule the State Government may direct that a breach thereof shall be punishable with fine which may extend to be liable to imprisonment for some months or with a fine.

Form I: Intimation of possession of bull. Form II: Acknowledgment of intimation. Form III: Notice requiring production of bull for inspection. Form IV: Notice of castration of a bull. FORM II To,

You are hereby required to have the said bull castrated within 30 days from the date of service of this order.

NOTE: You attention is drawn to section 12 of the said Act under which a person who neglects or fails to comply with an notice issued under section 6 shall be punishable with fine which may extend to fifty rupees and in the case of a second or subsequent offence with fine which may extend to one hundred rupees.

Dated this ________________ day of 19 .

Licensing Officer.

FORM III [See rule 7] MEMORANDUM OF CASTRATION OF A BULL

Whereas you have failed to comply with the order served on you to have the bull mentioned below castrated before ___________________

Notice is hereby given that the said bull shall be castrated as required by sub-section (4) of section 6 of the Madhya Pradesh Livestock Improvement Act, 1950.

Dated this ________________ day of 19 .

Licensing Officer.

FORM IV [See rule 12] NOTICE OF NECESSARY INSPECTION

It has now come to my notice that you have a bull kept in [specify premises/place].

In pursuance of the provisions of rule 8 of the rules, notice is hereby given that I intend to enter the said premises/place to inspect the said bull and/or to ensure that the rules are being properly complied with.

Any person who obstructs me in my duty is liable to prosecution under section 13 of the Madhya Pradesh Livestock Improvement Act, 1950.

Dated this ________________ day of 19 .

*(Signature of Livestock Officer or Officer or person authorised by him.)

Serial Number | Date of Inspection | Name of Owner | Address of Owner | Date of Castration | Name of Castrated Bull | Remarks

ABSTRACT OF THE MADHYA PRADESH LIVESTOCK IMPROVEMENT ACT, 1950

1. No person shall keep a bull which has attained the prescribed age, except under and in accordance with a licence granted under the provisions of the Act.