The Odisha Live-Stock Improvement Act, 1957

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- m t . (2) It extends to the while of the State of Orissa. (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. . . 2. In this Act unless there is anything repugnant MWO- in the subject or wntext- . (i)' ''bill" means either a cow-bull or a buEale bull ; 2[(ii) " bull-caIf'" means a mde calf ;] , . 1. ForStltepmt of Objects and Reruons. see Or& *me, m- ordinay, dated the 23rd Novcmbu 1957 (No. 462). 2. Substitut6d by the Otissa Livwtock rmprovtmont -(&endmmt) Act, 1967 ( Or. Act 12 of l%7), a. 2 for "(U) ' b u l l 4 f ' ~ r n a m a a t born, of a scrub bd". - TEIB ORISSA LNB-SnXg [ Or. Act Apminb mcnt of D i i . '(Sets. 3 4 ) . I . iii) "Brahmini bull" means a bull dedicated to the public by- a person oi persons in the name of God ; ( i v ) "Castrated bull" means a bull which is rendered incapable of propagating its - ' species ; (Y) C C ~ ~ ~ ' ' incIudes a heifer ; (v i ) "Director'' means the officer appointed by the State Government as the Director of Animal Husbandry a d Veterinary Service for tbe State of Orissa and , . include any other Person on whom.tfie , / < , . I . ... powers or duties of -the Director. under . 1 . ,. this Act have 'been confirred or imposed I.$,'.' , under section 3 ; ' . .. , - . I . .. 0 . . - (iii)'"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 owas the bull or the bull-calf or has the bulI or the bull-calf in his passes- sion or custody ; y , , ; ' . . r , I . . L (vifi] "&cense" means a license granted under section 5 .; 8 . . .'. . .':',: , . . i y :. , in' , A ,.,.., I . ' . . - _ . J ' . . (!ix)! :'41iwnsing officer"!-means *the: tDirecor : br ', . ., : . i :. ; ' :?gny . other of&jkr. dr: 1 persofi 'authorjsed to : .- . ; ' ,.. * grant!,liifense nndei. - section - 5 ; : . +: ::I - . . ' : ., . ' . I t . . : . , . : . I . . ' - - - , . : (x)!, "prescribed" means prescribed. ; by r&s - , :I!-, .,.::t 'made.iinder,thjs Act j , , 1 . . , . ! ' 1: , ,: , , . . , . , (xi) "she-bu&l,o " includes a buffalc heifer. , . , .., - ', ' . - 3.- -Th State Government ma9 by, general or special order confer or impose on any . person all or any' of'the powers or duties of the Director, under this Act. 1 , . 4 . ~o:person'&all keep a bull which has attained theprescribed ~hge excep!. .under and: in accordance with the terms, conditions and restrictions of'a license granted-undkr section St'unless 5t' is .certSed byi,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 qanted the appropriate license except with the prevxous approval of the prescribed offices. 5. Every li+nse for keeping a bull shalI be granted ctranr of .-by the Director or any ofimr. or person authoriscd licmra ' by him by general @r specid order in this behblf -iq. -such . . .. - form,, far such period, ,subject to such terms, conditions . , and reshictions:- as may be prescribed; : ~ & i d e d : , , ~ t no fee shall be charged for 'grant of a fi&nse:' . 6. (1) Subject to such rules as may be made the zy& kensing o&er may refuse to grant or may re* a mocatin license if in his opinion the bull appears to be- Q~E-S (a) of defective ' or inferior or undeairabIe conformation and likely to beget defecl tive or inferior or undesirable progeny ; Or (b) permanently affected with' any contagious . or infectious .disease ; -orm- - . ' ,- (c) permanently affected with any other disease . or -bodily defect ' or-, deformity rendering t h e bull umctable -for, breeding purposes. , I ' -(2) The licensing oBmr may also rcvdcc a licedse granted in: respect of any bull kept within his j d - diction whether such license was granted by -elf or any other licensing oflicer, if in his. opinion,- , . (a) the license was granted- under circumshcm of which t be limnsing oficer was not aware at the t h e OF granting the- l ime ; or (b) therj'has been a .breach of any of the tehs , . . conditions and restrictions qf the license: : - * . . TBE ORISSA Lm-STOCK [ Or. Act Provided that the licensing officer shaU 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 hull or to the person stated therein to be the owner of the bull. (3) No person shall be entitled to any compea- sation for the revocation of the license under sub- section - (1) or (2). orant of 7. When the licensing officer granting the. license duplicate is kisfied that a Iicense granted ~eder~section ' 5 hqs Iiense. been :lost or destroyed, 'such officer may subject to such: conditions as may be prescribed, .issue to , the holder of 'the licensem a duplicate thereof, a ~ d ' there- after, all the provisions of this Act with respect to tlie license shall apply to the duplicxte as' if it 'were the or)ginal: license. I . Duration ' 8. A license granted in respect of a bull, shall or license remain in . force until- (a) the period specified therein expires ; or (b) it js revoked under t h i s Act ; or , . (c) the bull dies or has been castrated in the .prescribed manner. - ~ n s k t i o n 9, Any person who keeps a bull shall at any Or rwsonable time, either at the place where the bull is kept for the time being or at any other reasonable place specified in the order submit . the bull for ins- pection by the licensing oficer when reqwed by such officer to do so and render all reasonable assistance to that officer for the purpose of such i n s pwtion. Pow- to 10. . ( I ) The licensing officer may by notice order served in - the prescribed- manner require that any castration bull or bull-calf which has attained the prescribed OfbYuraod ~ U ~ I U ~ V ~ S . age at the date when notice is served and in respectof : which-no Iicense is -for the time bing in force under this. Act, shall be castrated in the prescribed manner witmn one month after the notice takes effect. Sukh castration shall, if the owner or the person who keeps the bull or bull-calf requires, be rformed br cause'd to be perfowed by the licensing 01 g cer free of charge., (2) For the purpose of this section, L notice shall' be served on' the oher of the bull or buU;calf or on any other person who keeps the buU or bull-calf. 11. If. a notice under sections 6, 9 or 10 is duly IhFomtioa served on a person who ,is in charge of the bull q;$p bull-calf ,though not its owner, it shall .be the duty saclions 6,9 of the perion forthivith to take all feasonalj1i: steps or 10 to to infdrm the owner accordingly, and if he fails to do the owner of buU or sb, hie shall be liable to indemnify the- owner against any ,loss the owner may sustqin by' reason of such failure. 12. It shall be the duty of any person who f & ~ r o d ~ t i ~ n the time being keeps a bull, if a license i s in ,force in Of Jic""5e. respect of the buII, to produce the Iicease- (a) within a teasodable time on ,demand made by a likensing ofScer 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 oEcer of the said 'Depart- ment as may be authorjsed by genaal or spejal order by the State Government , in ibis behalf in any pike where-the bull is fm the time being kept ; or , - 8 (b) before a cow or a she-buffalo is 'sehed by I . a bull on -demand made by., the person in charge :of the cow or she-buffalo. . . - - 13. ( I ) ' Whenever anyy prson who keeps a bull pawnor fails to submit the bug for impdon'as required uder !;;","' section' 9 or - whenever any bull-calf has not been cast- rated in compliance with the- notice,. served under section 10 it shall be competent for a licensing officer to- castrate or cause to :be castrated in the prescribed manner the bull or the bull-calf in respect of which such offence ww committed, or. such notice was served, as the case may be, such castration shall be perfirmed or caused .to be performed by k 5bnsing. officer free of, charge. (2) fit is not known in whose ownership, posse?- sion or hstody a bull ol: bull-calf is for the *e being and: the fact,cannot be ascertained after enquiry in the pescribed manner the licensing officer may seize the bull or -bull-calf or cause it to be seized, an& if he is of the opinion' that the bfl or bulbcalf has, attained THE ORISSA' Lm-STOCK [ Or. Act the prescribed age and is uns.uitable for breeding purposes on any of the grounds, spe.cified in sub-section (1) of section 6 he may direct that the said bull or bull-calf shall be castrated in the prescribed mariner. (3) It s h d be competent fpr any licensing oficer to castrate any bull or bull-calf dedicated to the pubQc or a B r a W bull if in the opinion of such officer the bull or the bull-calf is not. suitable for, the purpose of breeding. (4) For the purposes of this Act, a licensing officer or any officer or person authorised by him: in this behalf shall have p o w e ~ at all reasonable . . -,.. , - . - , . , , times- . , , . (a) to inspect any bull or -bull-calf ; . , , - - , . . (b) to mark any bull with any prescbed mark in the prescribed manner>; .and (c) to enter any premises or 'other place in the prwcribed . manner where he has reason to believe that a bull or bull-calf is kept. !, - , , w e . 14. All Grama ~ a n c h a ~ a t employees, other village ' to emp10yees and all, employees of the AnimaI Hus- mist I bandry and Vekrinary, ~Ag~.icultural and Co-operative o-. Departments shall -be bound: (a). twgive immediate information to the nearest licensing officer of the commission of anyr offence or the intention or prepara- ,: . lion to commit any , offence , punishable under this Act which may 'come to their knowledge ; .. . > , . , , . , . . I . (b) to take ail reasonable measures in their . , power to 'prevent the commissisn oft any such .offence which they know or have , . reason to believe is about to be committed ; . - (c) 'to gi&&hinmediate infomation to th= &arqt Veterinary Assistant Surgeon wh'en there is any uutbredk of contagious . ,cattle ,disease in :the , i . area where a 4 bull is a kept for- .breeding purposes ; and . '1 , , I . . - . . ! . . L . A. - . . , . >< , , . . " .:; . - (d).to assist any !iccnsing afficer,in carrying out the provisiorls of,.this,Act. - . ; 15. 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 conply with requisitions under sstion 9 or 12 shall on convic- tion, be punished with fme which may extend to rupees and in the case of a second or in the subse- quent offence with fine which may extend to one hundred rupees. 16. No court shall take cognhnce of any offence under tbis Act, except on a complaint made by adof- licensing officer or any person authorised ,by such oEcer in that behalf. 17. The Director, every l'ecenshg officer, all Grama Panchayat employees, other village ployees 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 XLV of 1860 Code. ! --. i 18. (1) No suit, prosecution-or other, legal proceed- -I.. ings shall be instituted against any employee of the ofponons aCtIag fn State Government for anything which is in good ma ralth faith done or intended to be done under this Act or the rules made thereunder without the previous -- sanction of the State Government. don, (2) No suit shall be instituted ,against the State ent and no proceeding or prosecution or suits' GOver haU lie against any '.employee of the State Gov-ent in respect of anything dobe or alIeg& to have been done in pursuance of this Act or the made thereunder unless the proceeding, prosecytion or suit has been instituted within four months .from the date of the act complained of. 19. The State Government may 'call for andRe-6 examine the record of any order or the proceeding of any officer nr the person duly authorised under thjs Act for the purpose of satisfying themselves as to the legality and propriety of any order passed avd as to the regularity of the proceedings of such ofimr, TIM ORISSA LIVESTOCK (Sec. 20) 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. -, , Power to ~ I C G mlm. 20. ( I ) The State Government may make rules* for the purposes of carrying into effect the provisions of ,this Act. - : . -. . > - , , (2) In particular and,. without prejudice lo; 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 allawed , , .. - . ,.' ,by this Act to be prescribed ; ' , .. r: , - I . . - . (6) powers and duties to be exercised and . performed., .by ,officers ,appointed undef . I , -.. . . . .. this Act, an& the assignment , of . such. pow~rs . .: I or . . duties' ; , . , I '". : , . , 4' : (c) ,,the service of - notices and orders isshed ,under- this - Act ;: (6) under section 4 prescribing the age of a - I . . bug after. which it shall not be kept without l.ll.. . -, . - a li6eise and prescribing * the- age of: a -. * . ' .: bull-calf under 'section 10; on the' attaidment ' ' . . .. - of which' the b'ull-df shall be'-'ciistratedi ; . , : , , - . , , ' - - , , . . I ' -. . . - . , .. . , , . . . ,. , .._ U. . .- ~ ( e ) under 'Section 5 prescfibing the ':form of, -. : , the manner -in -which and \the terms, condi- tions and. restrictions on which a license . , shall be granted, transferred or ,renewed ; r i ' . : . , if- 'GI& 's&tiction:'$ pre,ichbirii,, the Anditions ' ..,: . subject,>o- which a jicense may 'be refused , . . , . I ...,,:, .,i;or,revoked. g . . ,. . . , . . . , , r,.,. a , , , ,~:.- ;- ,( 7.; . , - '. . - -.(g),:updir sectidrrs. 6, 9 and ' 10 pres$ribin~ the" maher, in which notice pr order,' as the case may be, shall be served -; . . , , (A) under '.seci&n; 7 priScri bind the bdhitions, . . . subject to which a duplicate- of a lickrise ':may,,, be :iss'ue.d ; - , . . . . . , *For rules see NotiEcatinn No. 22931-W-37/59, .dated the 1 fa, me, 1960 published in Drtssu , . Gqillc, ,Extraordinary, $tcd the ZO* JUUO 1960 (,NO. 481 1 . : , .I , - . .., -.... . ?:J IMPROVEMENT ACT, 195'1 (Sec. 21) (i) under sections 10 and 13 prescribing the manner in which a bull or a buU-calf shaII be castrated and the manner in which enquiry regarding the ownership of a bull or a bull-calf shall be made ; and 6) under section 13 rescribing the manner and form in w i! ich a bull shall be marked and the manner in which a licensing officer or a person authorised I by him in this behalf shall enter any premises or -other place. (3) In making a rule under sub-section p) or sub-section (2) the State Government may provide that a person guilty of a breach thereof shalI be punishable witb fine which may extend to rupees m y . (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. 21. The State Government may, subject to thesavina provisions of this Act by notscation in respect of any .specfied area or areas, declare that only such Brahmini bulls a's ate approved by the prescribed authority shall be used for breeding purposes. 1958OR5.pdf 1958OR5.pdf