Chapter IV FUNCTIONS AND POWERS OF AUTHORITY

The Authority shall perform the following functions, namely :-

1. (a) to regulate the production of bovine semen, bovine embryos, ova or oocytes in the State;
2. (b) to regulate the storage, transportation, sale and use of bovine semen, bovine embryos, ova or oocytes in the State;
3. (c) to register and renew the registration of the semen stations, embryo transplant or in-vitro fertilization laboratory, assisted reproductive technology experts, assisted reproductive technology service providers, as per the provisions of this Act;
4. (d) to register the artificial insemination training institutes with prior permission of the Government;
5. (e) to certify the bulls to be used for semen production which meet the prescribed standards;
6. (f) to advice the Government on any matters concerned with bovine breeding activities;
7. (g) to undertake surveys and conduct studies of bovine breeding activities to ascertain the status, potential problems and solutions thereon;
8. (h) to make regulations for performing the functions of the Authority, under the provisions of this Act;
   • (i) to perform such other functions and activities concerning bovine breeding, as per the bovine breeding policy of the Government, as may be prescribed;
9. (j) to perform such other functions as may be prescribed by the Government.

The Authority shall have the following powers, namely :-

1. (a) to inspect the premises where bovine breeding activities are carried out;
2. (b) to appoint expert with veterinary qualifications and experience as it may considers necessary for the efficient discharge of its functions;
3. (c) to call information from the persons engaged in the bovine breeding activities;
4. (d) 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, to furnish such information, as it may deems fit;
5. (e) to give directions to any person, officer or other authority, for the purposes of this Act and such person, officer or other authority, as the case may be, shall be bound to comply with such directions;
6. (f) such other powers as may be prescribed by the Government.

1. (1) The Authority or any officer or member of team of experts authorised in this behalf, for the purpose of inspection and enquiry, may,-
   • (a) enter, inspect and cause or conduct search of any premises in which it has reason to believe that any bovine breeding activities in contravention of the provisions of this Act and rules made thereunder are carried out;
   • (b) collect samples of semen, blood or any other material used in semen production or artificial insemination services or assisted reproductive technology services, from the premises and have such samples analysed by a recognized laboratory 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 registration certificate and other persons working in such premises and to check the records thereof.
2. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures made under sub-section (1).

1. (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 authorized by it, may file a complaint in the Court of Metropolitan Magistrate or Judicial Magistrate First Class, as the case may be, for restraining the said person from carrying out the said activities.
2. (2) On receipt of an application under sub-section (1), the court may pass an order restraining any such person, to carry out the said activity or give such directions or pass such order as it may deem fit.

1. (1) Any person having a registration certificate under sections 4 and 5 under 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 on conviction be punished with fine which may extend to fifty thousand rupees.
2. (2) Whoever carries out any of the bovine breeding activities without holding a registration certificate or carry on production activity of frozen semen from other than the certified bulls or contravenes any of the provisions of this Act, shall on conviction, be punished with fine which may extend to one lakh rupees.
3. (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 registration certificate, 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.

1. (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, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.
2. (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 the offence and shall be liable to be proceeded and punished accordingly. Explanation.- For the purposes of this section,-
   • (a) "company" means a body corporate and includes a firm or other association of persons or body of individuals, whether incorporated or not; and
   • (b) "director" in relation to a firm, means a partner in the firm, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

1. (1) Any offence of contravention of any of the provisions of this Act, punishable under the Act, may, on an application by the accused person, either before or after the institution of any prosecution, be compounded by the Authority or the member or the officer appointed by the Authority, as the case may be, for a sum of not less than fifty per cent., of the maximum fine provided for such offence, in such manner, as may be prescribed.
2. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of three years from the date of commission of a similar offence,-
   • (a) which was earlier compounded; or
   • (b) for which such person was earlier convicted.
3. (3) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.

1. (1) No court shall take cognizance of any offence punishable under this Act, except on a complaint is made by the District Deputy Commissioner, Animal Husbandry or Authority or any officer authorized by the Authority or District Deputy Commissioner in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act.

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

1. (1) The Authority shall keep accounts in such form and in such manner as may be prescribed.
2. (2) The accounts of the Authority shall be audited by Chief Auditor, Local Fund or by any other auditor appointed by the Authority with the approval of the State Government.
3. (3) The State Government may, if it thinks necessary, appoint a special auditor to audit the accounts of the Authority.
4. (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.
5. (5) The cost of the audit under sub-section (2) or (3), if any, shall be borne by the Authority.

1. (1) The Authority shall prepare, in such form and by such date, as may be prescribed, for each financial year, an annual report, 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. (2) Upon receipt of the annual report, the Government may take such action thereon as it may consider necessary.
3. (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 each House of the State Legislature.

Any bovine semen or embryo production facility set up by research institute or the university for the purpose of research and training shall be exempted from the obligation of holding a registration certificate under this Act : Provided that, such research institute or the university shall not use for supply or sell the semen or embryo 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.

The Government may, from time to time, in the public interest and for better and effective implementation of the Act, give such directions to Authority as deemed necessary; and the Authority shall comply with such directions.

1. (1) Every person who holds a registration certificate 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. (2) Every person who holds a registration certificate under this Act shall submit to the Authority, half yearly returns, in duplicate, in such forms and in such manner, as may be prescribed.

Any document purporting to be a report duly issued by a recognized laboratory may be used as evidence of the facts stated therein in any proceedings under this Act.

All local authorities shall render such help and assistance and furnish such information to the Authority, as it may require for discharge of its functions and shall make available for inspection and examination of such records or documents, as may be necessary.

All members and officers of the Authority and officers when acting or purporting to act in pursuance of any of the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No suit, prosecution or other legal proceedings shall lie against the Authority or District Deputy Commissioner, Animal Husbandry or any member or officer of the Authority or any person authorised by the Authority or District Deputy Commissioner, Animal Husbandry in respect of anything which is done, or intended to be done in good faith under this Act or the rules or orders made thereunder.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of such notification, 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 or omitted to be done under that rule.

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.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty : Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.