The Uttarakhand Boving Breeding Act, 2018
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Chapter IV Chapter IV
17. Power to inspect, search and seizure
Power to inspect, search and seizure
- (1) The Authority or members of the Committee of experts authorised by it in this behalf, with a view to ensure compliance with the terms and conditions of the certificate of registration or any provisions of this Act, or for the purpose of inspection and inquiry, may-
- (a) enter, inspect and cause or conduct search of any premises in which it has reason to believe that any activity in contravention of the provisions of this Act is going on or there is any contravention of any of the provisions of this act or rules made there under or the holder of certificate is doing activities in violation of the terms and conditions specified in the certificate of registration issued under this Act.
- (b) collect samples of semen, blood or any other material used in semen production from the premises of any semen station and have such samples analyzed from a recognized laboratory. All the stock of the semen which is from uncertified bull shall be destroyed immediately and semen processing equipment shall be sealed.
- (2) The provisions of the Criminal Procedure Code, 1973 relating to search and seizure shall, as far as may be, apply to searches and seal/ seizures under sub-section (1).
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18. Maintenance and submission of records
- (1) Every person who holds a certificate of registration under this Act shall maintain such books, accounts and records relating to his business transactions in such form, as may be specified by the Authority in this behalf.
- (2) every person who holds a certificate of registration for a semen station/ semen bank shall submit to the Authority, in duplicate in such form and an annual report in duplicate with respect to new bulls proposed for certification whose semen is to be put on use in such form, as may be prescribed.
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19. Power to give directions
Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Government may give in this behalf, the Authority, may in exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer, or authority, and such person, officer or authority, as the case may b, shall be bound to comply with such directions. The powers to issue directions under this section shall include the power to direct,-
- (i) the closure, prohibition or regulation of any operation, process or activity related to bovine breeding; or
- (ii) the stoppage or regulation of supply of electricity, water or any other service.
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20. Power to make application to courts for restraining apprehended bovine breeding activities in contravention of this Act
- (1) Where it is apprehended by the Authority, that any person, firm, company or Non-government Organization is engaged in the bovine breeding services or trading and supply of semen/ embryo in contravention of the provisions of this act or rules made there under, the Authority or any officer authorized by it, may file a complaint in the court of Judicial Magistrate First class for restraining the said person from carrying out the said activity.
- (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 given such directions or pass such order as it may deem fit.
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21. Penalties
- (1) Any person who contravenes or violates any provision of this Act or rules made thereunder, shall be punished with rigorous imprisonment up to one year or a fine up to one lakh rupees or both.
- (2) The fine so imposed, may be recovered from the person concerned, as arrears of land revenue.
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22. Cognizance of offences
- (1) No court shall take cognizance of any offence under this act, except on a complaint made by the Authority or any officer authorized by it in this behalf.
- (2) No court inferior to that of a Judicial Magistrate of the First class shall try any offence punishable under this Act.
- (3) No prosecution for offences punishable under this Act shall be instituted, except with the prior sanction of an officer authorized in this behalf by the Authority, by notification.
- (4) Production, possession, distribution, sale, transfer in any form, import-export or use of unauthorized semen or misbranded or sub-standard semen shall be a cognizable offence under this Act.
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