The KERALA LIVE-STOCK IMPROVEMENT ACT, 1961

... ACT 17 OF 1961 'l'HE KERALA LIVE-STOCK IMPROVEMENT ACT, 1961. CoNTENTS Preamble. 41.ections. 1. Short title, extent and commencement. 2. Definitions. 3. Appointment of Director. 4, Bulls which have <.ttamed a certain age to be licensed. 5. Refusal and revocation of licences. 6, Surrender of licence. 7. I nspectlon of bulls. 8. Power to order castration of bulls. 9. Duty to mtorm owner of contents of notice or order of castra• tlon 10. Production of licence2 l ! . Penalties. 12. Power of licensing officer to castarate bulls. 13. Power of licensing officer etc. to inspect or mark .buiis a1 d enter premises. 14. Duty of officer to report offences etc. 15. Cogmzance of offences. 16. Officers to be public servants. 17. Bar of certain proceedings. 18, Lim1tation for certain su1ts and prosecutions. 19. Rev15ion. 20 Power to make rules. 21. Saving. 22. Repeal. ACT 17 OF 1961 THE KERALA LIVE-STOCK IMPROVEMENT ACT, 1961• An Act to provide for the ~'mprovement of live-stock zn the State of Kerala Preamble.-Whereas it is expedient to provide for the improvement of hve-stuck in the State of Kerala. Be it enacted in the Twelfth Year of the Republic of India as Tollow~:- 1. Short t~tle, extent and commencement.-(!) This Act may be called the Kerala Live-stock Improvement Act, 1961. (2) It extends to the whole of the State of Kerala. (3} This sect1on shall come into force at once, and the Govern ment may, from time to t1me by notification m the Gazette, apply all or any ofthe remaming provisions of th1s Act to the whole or any poruon ofthe State ofKerala f1om such date and for such period, if any, as may be specified m the notification, and may cancel or modify any such notificatiOn. 2. Difm~tions.-In tills Act, unless the context otherwise requires, (a) "bull" include~ a buffalo-bull; (b) "cow" include~ a buffalo-cow and a he1fer; (c) 'Director' means the officer appointed by the Government as the Di1ector of Ammal Hu,bandry for the State of Kerala and mcludes any other person on whom the powers or duties of the Director under this Act have been conferred or imposed under section 3; (d) "licence" means a licence granted under section 4; (e) "L1censing Officer" means the D1rcctor or any other officer person authorised to grant licences unde1 section 4; (f) "prescribed" means prescribed by rules made under this Act; (g) a person is said to "keep a bull" if he owns the bull or has the bull m his pos,ession or custody; and (h) a bul11s said to be "castrated" if 1t is rendered incapable lpropagating its spec1es. 3. Appomtment of Director.-The Government may by general or spec1al order confer or impose on any person all any of the powers 01 or duties of the Director under th1s Act. _ , 4-. Bulls which have attamed a certain age to be luensed.- ( l) No person shall keep a bull which has attained the prescribed ge except under and in accordance with the terms, conditiom and •Published in the Gazette Extraordinary dated 28th June, 19Sl. I ( 446 restrictions of a licence granted under this sectton, unless 1t is cert1fied by the prescribed officer that the bull has been effectively castrated by a method and m a manner approved by the Director. Explanatwn.-Where a person keeps more than one bull, he shall obtain a separate "licence in respect of each bull. (2) Every hcence under this section shaH be granted by the Director or any officer or person auth011~ed by him by general or special order. It shall be m such form, for such period, and subject to such· terms, conditions and restnctions as may be prescribed. No fee shall be charged for the grant of the hcence. 5. Refusal ond revocatton of lzcences.-(1) SubJect to such rules as may be prescribed, the hcensmg officer may 1efuse to grant or may revoke a licence in respect of any bull if m his opmi·m the bull appears to be- ( a) of defect1ve or mferior conformatiOn and consequently likely to beget defecttv e or infenor progeny, or (b) suffermg from an mcurable contagious or mfectwu~ d1scase or from any other di~ease rendenng the bull unsuitable for breedmg purposes, or (c) of a breed wh1ch 1t 1s undesirable to propagaw m the State ofKerala. (2) The licensing officer may also after g1ving a reasonable op portunity to the licensee to be hea1d revoke a licence granted in respect of anv bull kept w1thin h1s junsd1Ct1on (whether such licence was granted by himself or by any other officer) 1f m his opinion,- (a) the licence was granted under cucumstances of which the licensmg officer was not aware at the time of grantmg the licence and such licence would not have been granted 1£ he had been aware of such circumstances, or (b) there has been a breach of any of the terms, conditions or re~tnctions of the licence. - (3) If a licence revoked under tillS sectiOn, the officer revokmg IS the licence shall giVe not1ce the1eof to the person keepmg the bull or +.o the person stated 111 the hcence to be the owner of the bull. The notice shall set out the grounds for the revocat1on. {4) No person shall be entitled to any compensation for the refusal or· revocation of any licence under th1s section. 6. Surrender of lzcence.-A licence granted in respect of a bull shall be. surrendered without delay to the licensing officer, lf- (a) the period spec1fied in the hcence expires, or (b) the hcence is revoked under this Act, or 4:47 (c) the bull dies, or is certified by the prescnbed officer to have been effectively castrated by a method and in a manr~er app:-oved by the Director. 7. lrHpectzon of bulls.-The licensing officer may by order require any person keeping a bull to submit it for inspection by himself or by any officer or person deputed by him for the purpose, at any reasonable time, either at the place where the bull is kept for the time being or at any other reasonable place specified m the order not bemg farther than two miles from the place where the bull is ordinarily kept, and there· upon it shall be the duty of the person keeping the bull to st!bmit It for inspection accordingly, and .1ender all reasonable assistance in connec tion with such mspection to the officer concerned. 8. Power to orde1 castratzon of bulls.-(I) The licensing officer may by order requue any person keepmg a bull which m his opimon has attained the prescnbed age, and m respect of which no licence IS for the time bemg m force under this Act, to have it castrated within one month from the date of the ~ervice of the order by a method and in a manner approved by the Director and ~pec!f1ed m the order. (2) Such castratiOn shall be performed or cawed to be performed by the licensing office1 free of charge, unless the owner or other person keeping the bull desires to make his own anangements for complymg with the order. 9. Duty to znjorm owne1 of contents of notzce or order of castratzon.-If any s. notice or order is served under section sectiOn 7, or sectiOn 8 on any person who not the owner of the bull, It shall be the duty of th<it per IS son forthwith to take all reasonable steps to mform the owner of the contents of such notice or order, and if he fads to do so, he shall be liable to indemmfy the owner against any loss the owner may sustam by reason of such failure. 10. Productzon of ltcence.-It shall be the duty of any person who for che time bt:ing keeps a bull m 1espect of whtch a licence has been obtamed and 1s m force, to produce such licence- ( a) wtthm a reasonable time, at any place where the bull IS for the time bemg, on demand made by a licensing officer or an officer of the Ammal Husbandr) Department not below the rank of Veterinary Surgeon, or an officer of the Revenue Department not below the rank of Deputy Tahsildar or such other officer as may be authonsed in tlus behalf by the Government by genet al or special order or (b) before a cow Is served by the bull, on demand made by the person m charge of the cow. 11. Penaltzes.-Whoever- (a) keeps a bull m contraventiOn of this Act or of any rule or order made thereunder, or of any terms, conditions 01 restrictiom of a licence, or ( 448 (b) neglects or fa1ls to submit a bull for inspection when required to do so under section 7, or (c) neglects or fa1ls to comply with an order served under section 8, or {d) neglects or fails to produce a licence when required to do so under section I 0, shall be punishable w1th fine which may extend to twenty-five rupees and in the case of a second or any subsequent offence with fine wh1ch may extend to fifty rupee~. 12. Power of licensing officer to castr.zte bulls.-( I) If a person who keeps a bull neglects or fails to submit It for inspection or to have it castrated when required to do so under section 7, or sectit n 8, the licensmg officer may direct that the bull shall be ca~trated by a method and in a manner approved by the Director and marked with a pres cribed mark in the presc1 ibed manner, free of charge. (2) (a) If 1t 1s not known in whose ownership, possessiOn or custody a bull is for the time being and the fact cannot be ascertained after an inquiry in the prescribed manner, the licensmg officer may seize the bull or cause to be se•zed, and if he is of opimon that the bull has attamed the prescrib,·d age and IS unsUitable for breedmg purposes on an) of the grounds specified m sub-section (I) of section 5, may direct that the bull shall be castrated b} a method and m a manner approved by the Director and marked with a prescribed mark m the prescribed manner, free of charge. (b) Every bull seized under clause (a) shall, after it has been castrated and marked as aforesaid where necessary, be sold by public auction or sent to a piru'rapole or mfirmary recognised by the Govern ment in this behalf. (c) In case the owner of any bull seized under clause (a) appears before the licensing officer withm such time as ina; be prescribed in .. this behalf and proves to the satisfaction of such officer that the bull is owned by him- I (i) m case the bull has been sold by public auction, the proceeds I of such sale shall be pa1d to the owner after deductmg therefrom the c(lsts, charge, and expenses incurred for the maintenance and sale of the bull; and (ii) in any other case, the bull shall be delivered to the owner on payment of the costs, charges and expenses incurred for Its mamtenance. (d) The costs, charges and expenses referred to in sub-clau<;e (i) and (ii) of clause (c) shall be determmed in the pre;cnbed manner. I '1. Power of ltcensmg officer etc .. to znspect or mark bulls and enter premises.-For the purposes of this Act, a licensing officer or any officer or persan authonsed by him in this behalf shall have power at all reasonable times- . (a) to inspect any bull; (b) to make any bull with a prescribed mark in the prescribed manner; and (c) subject to such cond1tions and re!>tnctions, if any, as may be prescribed, to enter any premises or other place where he has reason. to believe that a bull is kept. 14. Duty of officers to report offences, etc.-It shall be the duty of all village officers and servants and of all officers of the An una) Husbandry, Agricultural and Revenue Departments and officers and servants of Panchayats and Municipalities and other officers notified by the Govern ment in this behalf- (a ) to give immediate information to the nearest licensing officer of the comrniss1on of any offence, or of the intention or preparation to commit any offence, puni~hable under this Act, which may come to their knowledge; (b) to take all reasonable measures m their power to prevent the commission ef any such offence which they may know or have reason to believe is about or likely to be committed; and (c) to assist any licensing officer in carrying out the provisions of ' this Act. • 15. Cogmz.ance of offences.-No Magistrate shall take cognizance of any offence under this Act except upon a complaint made by a licensmg officer or any person authoribed by such officer in this behalf. . 16. 0 fficers-to bo publzc servants.-Ail officers and servants specrfied in, or notified under section 14 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 17. Bar of certain proceedzngJ.-( 1) No suit, prosecution 01 other pro ceedings shall lie agamst any officer or servant of the Govcmment for any act done or purpoting to be done under th1s Act without the previous sanction of the Government. (2) No officer or servant of the Government shall be hable in respect of any such act in any civil or criminal proceeding If the &Ct was done in good faith in the course of the execution of duhes or the dis charge of functions imposed by or under this Act. 18. Limitatzon of certain suzts and prosecutions.-No suit shall be insti tuted against the Government and no smt, p10secut10n or other proceeding shall be instituted against any officer or servant of the Govrn ment in respect of any act done or purporting to be done under thrs Act, unleFS the suit, prosecution or other proceeding Is mstituted w!thm SIX months from the date of the act complained of 19. Remszon.-The Government may at any hme either suo motu or on application, call for and examine the record of any order pa.sed by, or any proceedings recorded by, any officer or person under thi~ Act, for the purpose of satisfying themselves as to the legality or p• opriety of such order or as to the 1 egu lanty of such proceedings, and may pass auch order in reference thereto as they think fit. Nothing contained in this section l>hall apply to the orders or proceedings of any Court or Magistrate. 20 Power to make ntles.-(1) The Government may after previous publication by notification in the Gazette, make rules to carry out the purposes of this Act. 34/4095 450 I I (2) In particular and without prejudice to the generality of the I ~ foregOing power, ~uch rules may prov1de for- I ( a) all matten expressly required or allowed by this Act to be prescribed; (b) the circumstances in wh1ch duplicates of licences may be granted, the fees which may be charged for the grant of such duplicates and the conditiOns, restnctJOns and limitations subject to which they may be granted; (c) the powers to be exercised and the duties to be performed by officers appointed under this Act, and the procedure to be followed by such officers; and (d) the service of notices and orders issued under this Act. (3) In makmg a rule under sub-sect1on (I) or sub-section (2), the Government may provide that a person gullty of a breach thereof shall be purushable with fine wluch may extend to twent)'-five rupees. (4) All rules made under this sectiOn shall, as soon as may be • after they are made, be la1d before the Legislative Assembly for a period of not less than frmrteen days and shall be subject to such modifications, by way of Iepeal or amendment, as the Legislative Assembly may make durmg the session in which they are so laid or the session immediately follow mg. 21. Saving.-Nothing contained in this Act shall apply to a bull dedicated in good faith to a rehgiou~ purpose in accordance with any religious usage or custom, prov1ded that notice of the dedication is given in the prescribed manner to the hcensmg officer. 22. Repeal.-The Madras Live-stock Improvement Act, 1940 (Act XV of 1940), as in force in the Malabar Drstrict referred to in sub-section (2) of section 5 of the States Reorgan1sauon Act, 1956, and the Travancore-Cochm Live-stock Improvement Act, 1954 (Act XII of 1954), are hereby repealed.