The Odisha Live-Stock Improvement Act, 1957

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The Orissa Live-Stock Improvement Act, 1957

Act 5 of 1958

Keyword(s): Bull, Bull-Calf, Brahmini Bull, Castrated Bull, Cow, She-Buffalo

ORISSA ACT 5 OF 1958 [ Received the assent of the Governor on the 17th March 1958, first published in an extraordinary issue of the Orissa Gazette, dated the 29th.Ma~ch 1958 ] AN Am TO PROVDE FOR THE IMPROVEMENT OF LTV& STOCK IN THE STATE OF ORJSSA WHEREAS it,is expedient to provide for the improve- ment of live-stock in the, State of Orissa ; It is herebyenactedby the ~egislature of the State ,of Orissa in.the Eighth Year 'ofthe Republic of India, as follows :- -- 1. (I) This Act may be called the Orissa Live-shm titk stock Improvement Act, 1957. - . =tent and m- mt.

1. (2) It extends to the while of the State of Orissa.
2. (3) This section shall &e into force at once and the remaining provisions of tbis Act shaU come into force 'in- such specified areas comprised in a district. or districts as ,the State Government may by notification from time to .time :,appoint and different dates may be appointed for different specsed areas. The State Government may also by noawtion with- draw the remaining provisions of: this Act from any such specified areas. . .

In this Act unless there is anything repugnant in the subject or context- (i) "bull" means either a cow-bull or a buffalo bull; (ii) "bull-calf" means a male calf; (iii) "Brahmini bull" means a bull dedicated to the public by a person or persons in the name of God; (iv) "Castrated bull" means a bull which is rendered incapable of propagating its species; (v) "cow" includes a heifer; (vi) "Director" means the officer appointed by the State Government as the Director of Animal Husbandry and Veterinary Service for the State of Orissa and include any other person on whom the powers or duties of the Director under this Act have been conferred or imposed under section 3; (vii) "keep a bull", with all its grammatical variations and cognate expressions means keeping of a bull or a bull-calf by a person if he owns the bull or the bull-calf or has the bull or the bull-calf in his possession or custody; (viii) "license" means a license granted under section 5; (ix) "licensing officer" means the Director or any other officer or person authorised to grant license under section 5; (x) "prescribed" means prescribed by rules made under this Act; (xi) "she-buffalo" includes a buffalo heifer.

No person shall keep a bull which has attained the prescribed age except under and in accordance with the terms, conditions and restrictions of a license granted under section 5 unless it is certified by the prescribed officer that the bull has been effectively castrated by a method and in a manner approved by the Director. Explanation-For the purposes of this section no person shall in any manner whatsoever dispose of or dedicate to a religious or any other purpose such of the bulls as have attained the prescribed age or as have been granted the appropriate license except with the previous approval of the prescribed officer.

Every license for keeping a bull shall be granted by the Director or any officer or person authorised by him by general or special order in this behalf in such form, for such period, subject to such terms, conditions and restrictions as may be prescribed: Provided that no fee shall be charged for grant of a license.

(1) Subject to such rules as may be made the licensing officer may refuse to grant or may revoke a license if in his opinion the bull appears to be- (a) of defective or inferior or undesirable conformation and likely to beget defective or inferior or undesirable progeny; or (b) permanently affected with any contagious or infectious disease; or (c) permanently affected with any other disease or bodily defect or deformity rendering the bull unsuitable for breeding purposes. (2) The licensing officer may also revoke a license granted in respect of any bull kept within his jurisdiction whether such license was granted by itself or any other licensing officer, if in his opinion- (a) the license was granted under circumstances of which the licensing officer was not aware at the time of granting the license; or (b) there has been a breach of any of the terms, conditions and restrictions of the license: Provided that the licensing officer shall before revoking the license give notice of revocation stating therein the grounds for revocation of the license under sub-section (1) or (2), as the case may be, to the person keeping the bull or to the person stated therein to be the owner of the bull. (3) No person shall be entitled to any compensation for the revocation of the license under sub-section (1) or (2).

When the licensing officer granting the license is satisfied that a license granted under section 5 has been lost or destroyed, such officer may subject to such conditions as may be prescribed, issue to the holder of the license a duplicate thereof, and thereafter, all the provisions of this Act with respect to the license shall apply to the duplicate as if it were the original license.

A license granted in respect of a bull shall remain in force until- (a) the period specified therein expires; or (b) it is revoked under this Act; or (c) the bull dies or has been castrated in the prescribed manner.

(1) The licensing officer may by notice served in the prescribed manner require that any bull or bull-calf which has attained the prescribed age at the date when notice is served and in respect of which no license is for the time being in force under this Act, shall be castrated in the prescribed manner within one month after the notice takes effect. Such castration shall, if the owner or the person who keeps the bull or bull-calf requires, be performed or caused to be performed by the licensing officer free of charge. (2) For the purpose of this section, a notice shall be served on the owner of the bull or bull-calf or on any other person who keeps the bull or bull-calf.

If a notice under sections 6, 9 or 10 is duly served on a person who is in charge of the bull or bull-calf, though not its owner, it shall be the duty of the person forthwith to take all reasonable steps to inform the owner accordingly, and if he fails to do so, he shall be liable to indemnify the owner against any loss the owner may sustain by reason of such failure.

It shall be the duty of any person who for the time being keeps a bull, if a license is in force in respect of the bull, to produce the license- (a) within a reasonable time on demand made by a licensing officer or an officer of the Animal Husbandry and Veterinary Department of the State Government not being below the rank of a Stockman or such other officer of the said Department as may be authorised by general or special order by the State Government in this behalf in any place where the bull is for the time being kept; or (b) before a cow or a she-buffalo is served by a bull on demand made by the person in charge of the cow or she-buffalo.

Whoever in contravention of the provisions of this Act or of any rules or orders made or passed thereunder or of any term, conditions or restrictions of license keeps a bull, dedicates a bull or disposes of a bull or neglects or fails to comply with notice given under section 6 or 10 or neglects or fails to comply with requisitions under section 9 or 12 shall on conviction, be punished with fine which may extend to rupees and in the case of a second or in the subsequent offence with fine which may extend to one hundred rupees.

No court shall take cognizance of any offence under this Act, except on a complaint made by a licensing officer or any person authorised by such officer in that behalf.

The Director, every licensing officer, all Grama Panchayat employees, other village employees and all employees of the Animal Husbandry and Veterinary and Agricultural and Co-operative Departments shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

(1) No suit, prosecution or other legal proceedings shall be instituted against any employee of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder without the previous sanction of the State Government. (2) No suit shall be instituted against the State Government and no proceeding or prosecution shall lie against any employee of the State Government in respect of anything done or alleged to have been done in pursuance of this Act or the rules made thereunder unless the proceeding, prosecution or suit has been instituted within four months from the date of the act complained of.

The State Government may call for and examine the record of any order or the proceeding of any officer or the person duly authorised under this Act for the purpose of satisfying themselves as to the legality and propriety of any order passed and as to the regularity of the proceedings of such officer or person. If in any case it shall appear to the State Government that any order or proceedings so called for should be modified, annulled or reversed, they may pass such orders as they may deem fit.

(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Act. (2) In particular and, without prejudice to the generality of the foregoing power such rules may be made for all or any of the following purposes, namely :— (a) matters expressly required or allowed by this Act to be prescribed; (b) powers and duties to be exercised and performed by officers appointed under this Act, and the assignment of such powers or duties; (c) the service of notices and orders issued under this Act; (d) under section 4 prescribing the age of a bull after which it shall not be kept without a license and prescribing the age of a bull-calf under section 10; on the attainment of which the bull-calf shall be castrated; (e) under section 5 prescribing the form of, the manner in which and the terms, conditions and restrictions on which a license shall be granted, transferred or renewed; (f) under section 5 prescribing the conditions subject to which a license may be refused or revoked; (g) under sections 6, 9 and 10 prescribing the manner in which notice or order, as the case may be, shall be served; (h) under section 7 prescribing the conditions subject to which a duplicate of a license may be issued; (i) under sections 10 and 13 prescribing the manner in which a bull or a bull-calf shall be castrated and the manner in which enquiry regarding the ownership of a bull or a bull-calf shall be made; and (j) under section 13 prescribing the manner and form in which a bull shall be marked and the manner in which a licensing officer or a person authorised by him in this behalf shall enter any premises or other place. (3) In making a rule under sub-section (1) or sub-section (2) the State Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to rupees. (4) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication. (5) All rules made under this section shall be published in the Gazette and upon such publication shall have effect as if enacted in this Act.

The State Government may, subject to the provisions of this Act by notification in respect of any specified area or areas, declare that only such Brahmini bulls as are approved by the prescribed authority shall be used for breeding purposes.