The Sikkim (Livestock and Livestock Product Control) Act, 1985

(1) This Act may be called the Sikkim (Livestock and Livestock Products Control) Act, 1985. (2) It extends to the whole of Sikkim. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,- (i) "appointed date" means the date of commencement of this Act; (ii) "Government" means the Government of Sikkim; (iii) "livestock" includes buffalo, sheep, goat, pig, dog, cow, horse, yak, or any other animals as may be notified by the Government by notification;

(1) If the Government is of the opinion that it is necessary or expedient so to do for maintaining, supplying, or ensuring for equitable distribution of livestock and livestock products in the State, it may, by notification in the official Gazette, provide for prohibiting, restricting, or otherwise regulating the transport, movement, sale, disposal, acquisition, use, or consumption of livestock or livestock products. (2) A notification made under sub-section (1) may provide— (a) for regulating by licenses, permits, or otherwise the storage, transport, movement, sale, disposal, acquisition, use, or consumption of any of the livestock products in the State; (b) for requiring any person holding stock of any of the livestock products to sell the whole or a specified part of the stock to the Government or to an officer or agent of the Government; (c) for regulating or prohibiting any class of commercial or financial transactions relating to any livestock or livestock products if the Government is of the opinion that it is being or is about to be committed; (d) for collecting any information or statistics with a view to regulating or prohibiting any of the matters aforesaid; (e) for requiring persons engaged in this trade to mark or sell the products and the rate or fees thereof; (f) for any other matter which appears to the Government to be necessary for the purpose of this section. (g) for requiring that any categories of livestock products shall or shall not be disposed of or purchased or sold in the State except in accordance with the condition that may be published in the notification from time to time.

(1) On and from the appointed date, no person other than the Government or its authorised agent shall deal in the trade and commerce of trades of such categories of livestock as the Government may, by notification, appoint. (2) The Government may, by notification, appoint any— (a) corporation owned or controlled by the Government; or (b) any other person, or categories of persons, as may be required to deal in trade and commerce of hides and skins and other livestock products. (3) There shall be constituted a Fund to be called a Special Development Fund where the fees as will be realized under the Act shall be parked for its utilization including utilization for the purpose ancillary or related to the object of realization of the fee.

The agent authorised or appointed under sub-section (2) shall act under the direction, control and supervision of the Government. Every direction or order issued by the Government shall be binding on the agent so authorised or appointed.

The Government may grant licenses to persons for the purpose of trade and commerce of livestock and livestock products under such terms and conditions and on payment of fees specified in this behalf by notification.

On and from the appointed date, no owner of hides and skins shall sell them to any person other than the Government or its authorised agent at such prices as the Government may, by notification, specify.

The Government may, from time to time, by notification, fixe the maximum retail prices for sale of various types and classes of meat.

(1) On and from the establishment of Government slaughter houses, no livestock shall be slaughtered in a place other than the Government slaughter houses. (2) The provision of sub-section (1) shall not apply to slaughter of livestock for personal and family purposes.

(1) The Government may make rules regulating the slaughter of livestock in the Government slaughter houses. (2) Such rules may provide for all or any of the following matters, namely— (a) the manner in which livestock of different categories is to be slaughtered; (b) placing of identification marks on the slaughtered livestock; (c) disposal of the slaughtered livestock when it is unfit for human consumption; (d) disposal of waste materials of the slaughtered livestock; (e) duration for which the livestock may be kept in the slaughter house; (f) fixation of age of different categories of livestock for slaughter; (g) the fees to be charged for slaughtering; (h) the persons who may be allowed to enter the slaughter house; (i) separation of livestock for slaughter; (j) closure of slaughter house; (k) any other matter on which it is necessary to make rules.

The Government or its authorised agent acting in pursuance of this Act shall ordinarily avoid interference with the ordinary vocations of life and the enjoyment of property and titles as far as may be consistent with the general interests of the public.

(1) Where a person committing a contravention of any provision of this Act, rule or notification is a company, every person who at the time the contravention 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 had exercised all due diligence to prevent commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any 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 officers, such director, manager, secretary or other officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation for the purposes of this section: (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director" in relation to a firm means a partner in the firm.

Any person who contravenes the provisions of this Act, any rule made or notification issued under this Act shall, on conviction, be punishable with imprisonment of either description for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both.

Notwithstanding anything contained in the law relating to Criminal Procedure for the time being in force in the State, it shall be lawful for a judicial magistrate of the First Class to pass a sentence or fine exceeding the pecuniary limits specified in such law or in any other law for the time being in force in the State, for any offence under this Act for which the offenders are convicted under the provisions of this Act or any rule or notification issued thereunder.

Notwithstanding anything contained in the law relating to Criminal Procedure for the time being in force in the State all offences under this Act shall be cognizable.

(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act. (2) No suit or other legal proceedings shall lie against the Government, its officer or its authorised agent for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or rule made or notification issued thereunder.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day.

(1) The Government may, by notification, make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly 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.

Any order or notification or local act or law in force in the State immediately before the commencement of this Act which is inconsistent with the provisions of this Act shall stand repealed: Provided that such repeal shall not affect the previous operation of any such order or notification or legal proceeding or remedy in respect of any such right, privilege, obligation or liability acquired, accrued or incurred under the said Act, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been repealed.