The Bombay Live Stock Improvement Act, 1933 Complete Act - Bare Act

Adapted and modified by the Adaptation of Indian. Laws Order in Council.

Adapted and modified by the Adaptation of Laws Order, 1950.

Amended by Bom. 35 of 1950

Amended by Bom. 50 of 1954.

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956:

Adapted and modified by the Maharashtra Adaptation of Laws State and Concurrent Subjects) Order, 1960.

Amended by.Mah. 5 of 1962.

Amended by Mah. 48 of 1962.

An Act to provide for the improvement of live-stock

WHEREAS it is expedient to provide for the improvement of live-stock in the manner herein provided; It is hereby enacted as follows:

This Act may be called the Bombay Live-stock Improvement Act, 1933.

1[(a) Section 1 and this section extend to the 2[whole of the State of Maharashtra].

(b) On a written application made

(i) by the 3[Zilla Parishad or Panchayat Samiti, as the case may be.] with the previous concurrence of 4[the officer empowered in this behalf by the State Government], or

(ii) by 4[such officer] with the previous concurrence of the 5[Zilla Parishad or Panchayat Samiti, as the case may be,] 5[the 6[State] Government] may, by notification in the 7[Official Gazette], direct that the remaining provisions of this Act shall extend to any village (in the State] in respect of which the application has been made

(c) Section 1 and this section shall come into force at once and the remaining provisions of this Act shall come into force in any village 1[in the State] to which the said provisions shall have been extended under sub-section (b) on such date as 2[the 3[State Government] may by notification in the 4[Official Gazette] appoint.

1[(2) No notification under clause (b) of sub-section (1) shall. after the commencement of the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962, be issued unless the State. Government is satisfied that the number of bulls in any village in the State to which the remaining provisions of this Act are proposed to be extended, together with such number of bulls as may be supplied by the State Gov in that village for breeding purposes, will be adequate to maintain, the rate of propagation of the species in that village.)

In this Act, unless there is anything repugnant in the subject or context

(1) Cow includes a heifer;

(2) 1[

(3) "Licence" means a licence granted under Sec. 6;

(4) "Live-stock officer" means an officer or person appointed or invested with powers under Section 4;

2[(4A) "Panchayat Samiti" means a Panchayat Samiti constituted under Section 57 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;]

(5) "Prescribed" with its grammatical variations, means prescribed by rules;

(6) "Rules" means rules made under Section 23

1[(7) "Village" means

(a) as respects the Bombay area of the State of Maharashtra, a village as defined in the Bombay Land Revenue Code, 1879;

(b) as respects the Vidarbha region of the State of Maharashtra, a village as defined in the Madhya Pradesh Land Revenue Code,1954; and

(c) as respects the Hyderabad area Of the State of Maharashtra, a village as defined in the Hyderabad Land Revenue Act;

(7-A) "ZilIa Parisliad" means a Zilla Parishad constituted under Section 9 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 ; aud].

(8) "A person is said to keep a bull," if such person owns the bull or has, the bull in his possession or custody.

The State Government, may, by notification in the Official Gazette, appoint any officer 3[or person] to be a live stock officer and assign to such officer 5[or person] such powers and duties under this Act, as it may deem fit].

No person shall keep a bull which has attained the prescribed age except under and in accordance with the terms, conditions and restrictions of licence granted under Section 6.

Every licence for the keeping of a bull shall be granted by a live officer authorised by,1[the

Provided that no fee shall be charged for the grant of a licence

(a) Of defective or inferior conformation and likely to be get defective or Inferior progeny or

(b) permanently affected with, any contagious or infectious disease ; or

(c) permanently affected with any other disease rendering the bull, unsuitable for breeding purposes.

(2) The live-stock officer granting a licence may also revoke a licence if in the opinion of such officer there be any breach of any of the terms or conditions of the licence.

(3) No person shall be entitled to any compensation for the revocation of a licence under sub-section (1) or (2).

(4) If a licence is revoked under subsection (1) or (2), the live-stock officer revoking the licence shall give notice to that effect to the owner or the person stated therein to be the

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When the live-stock officer granting the licence is satisfied that a licence granted under Section. 6 has been lost or destroyed, such officer may, subject to such conditions as may be prescribed, issue to the holder of the licence a duplicate thereof, and thereupon all the provisions of this Act with respect to the licence shall apply to the duplicate as if it were the original licence.

A licence 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 is castrated in the prescribed manner

Every person who on the date of the issue of the notification Under clause-(c) of sub-section (1) of Section 2 has in his possession any bull or who, at any time thereafter, comes into possession of any bull, which is not branded with a distinguishing mark prescribed under this Act, shall give intimation of such possession to the live-stock officer within such period as may be prescribed].

Any person who keeps a bull shall at any reasonable time, either at the place where the bull is for the time being or at any other reasonable place, submit the bull for inspection by any live-stock officer when required by such officer to do so and render all reasonable assistance to that officer for the purpose of inspection.

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

(2) For the purpose of this section, a notice shall be served on the owner of the bull or on any other person who keeps the bull.

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It shall be the duty of any person who for the time being keeps a bull, if a licence is in force in respect of the bull to produce the 1icence

(a) within a reasonable time on demand made by a live-stock officer or 2[ any other officer] authorized by generally or special order by 3[the 4[State Government] in this behalf in any place where the bull is for the time being.

(b) before a cow is served by a bull on demand made by the person in charge of the cow.

Whoever in contravention of this Act or any rule or order made under this Act or of any terms, conditions or restrictions of licence keeps a bull shall, on conviction [be punished for a first offence with fine which may extend to twenty-five rupees and for a second or sub offence, with fine which may extend to fifty rupees]

Whoever neglects or fails to comply with a notice served in accordance with Section 7 or 11. shall, on conviction, be punishable with fine which may extend to Rs. 25.

Whoever neglects or fails to submit a bull for inspection when required by a live-stock officer for inspection under Section 10 or whoever fails to produce a licence when required to do so in accordance with the provisions of Section 12 shall, on conviction, be punishable with fine which may extend to Rs. 25.

(1) When ever an offence under Section 15 has been committed, or whenever any bull has not been castrated in compliance with the notice served under Section 11, it shall be competent to a live-stock Officer to castrate or cause to be castrated in the prescribed manner, the bull in respect of which such offence was committed or such notice was served, as the case may be. Such castration shall be performed or caused to be performed by a live-stock officer free of charge.

(2) It shall also be competent to a live-stock officer to seize any bull, if the person in whose ownership, possession or custody it is, for the time being, is not known or cannot be ascertained after an inquiry in the prescribed manner. On such seizure the live-stock officer may, if he is of opinion that such bull has attained the prescribed age or is suffering from any of the defects or disease specified in Section 7, direct that the said bull shall be "

(a) castrated in the prescribed manner, and

(b) sold by public auction or sent to a pinjrapol:

provided that if the owner of the said bull appears within fifteen days of such seizure and proves to the satisfaction of the live-stock officer that the said bull is of his ownership," the said bull"

(i) if not sold by public auction, or

(ii) if sent to a pinjrapol,

shall be delivered to such owner on payment of the costs, charges and expenses incurred for the maintenance of the said bull and determined in the prescribed manner, or

(iii) if sold by public auction, the proceeds of such sale shall be paid to such owner after deducting therefrom the costs, charges and expenses incurred for the maintenance and sale of the said bull and determined in the prescribed manner.

For the purposes of this Act, a live stock officer shall have power at all reasonable times"

(a) to inspect any bull,

(b) to mark any bull with any prescribed mark in the prescribed manner,

(c) to enter any premises or other place in the prescribed manner where he has reason to believe that a bull is kept.

Whoever without lawful authority brands or causes to be branded any bull with any mark prescribed under this Act, or with any mark resembling such prescribed, mark, intending by means of that resemblance to practice deception, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees.

Every live-stock officer shall keep and maintain a register containing particulars of inspection, castration and marking of bulls under this Act, and such other particulars, in such form, as may be prescribed.]

All village officers, all village servants useful to the [State Government] and all officers of the departments of revenue, (agriculture, animal husbandry and veterinary science or of such other department as the State Government may direct] shall be bound

(a) to give immediate information to a live-Stock officer of the commission of any offence, or the intention or preparation to prevent the

(b)to take all reasonable measures in their power to prevent the commission of any such offence which they know or have reason to believe is about to be committed; and

(c) to assist any live-stock officer in carrying out the provisions of this Act.

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

Every live stock officer shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

(l) No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules.

(2) No suit shall be instituted against 1[the[Government ] and no prosecution or suit shall lie against any live stock officer in respect of anything done or alleged to have been done, in pursuance of this Act, unless the suit or prosecution 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 proceedings of any live-stock officer 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. If in any case it shall appear to 1[the State Government] that any order or proceedings so called for should be modified, annulled or reversed, they may pass such order as they may deem fit.

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following purposes, namely:"

(a) under Section 4, prescribing the powers and duties to be exercised and performed by a live-stock officer and the assignment of such powers or duties,

(b) under Section 5, prescribing the age of a bull after which it shall not be, kept without a licence,.

(c) under Section 6, prescribing the form of, the manner in which, the terms, conditions and restrictions on which, a licence shall be granted, transferred or renewed,

(d) under Section .7, prescribing the conditions subject to which a licence may be revoked,

(e) under Sections 7 and II, prescribing the manner in which notice shall be served,

(f) under Section ˜8, prescribing the conditions subject to which a duplicate of a licence may be granted,

1[(ff) under Section 9A, prescribing the distinguishing mark for branding and the period within which intimation of possession of unbranded bulls shall be given to a live-stock officer]

(g) under Sections 11 and 16, prescribing the manner in which a bull shall be castrated, and the manner in which inquiry regarding the ownership of a bull shall be made, and the costs, charges and expenses for the maintenance and sale of a bull shall be determined,

(h) under Section 17, prescribing the manner and form in which a bull shall be marked and the manner in which a live-stock officer shall enter any premises or other place,

2[(i) under Section 17B., prescribing the form in which a register shall be maintained by a live-stock officer and the particulars which such register shall contain].

[(2A) In making any rules the State Government may provide that a breach thereof shall, on conviction, be punished with fine which may extend to fifty rupees.]

(3) Rules made under this section shall be subject to the condition of previous publication in the 4[Official Gazette]

[(4)Every rule made under this section shall be laid, as soon as may be, after it is made, before each House Of the State Legislature while it is in session for total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.]

Government may, by notification in the Gazette, direct that all or any of the provisions of this Act which shall have been extended to any village under Section 2 shall apply to buffalo-bulls in such village from the date specified in such notification and thereupon the references to bulls and cows in the provisions of this Act so applied shall be construed as references to buffalo-bulls and buffalo-cows respectively and this Act shall apply accordingly.

Notwithstanding anything contained in this Act, all things done by or on behalf of the Director of Animal Husbandry and Veterinary Science purporting to act in exercise of the powers conferred on the Director of Agriculture under this Act before the date on which the Bombay Live-stock Improvement (Amendment) Act, 1950, came into force, shall be deemed to be and always to have been validly done as required by or under this Act and shall not be deemed to be invalid or called in question merely on the ground that such thing done by or on behalf of the said Director of Animal Husbandry and Veterinary Science before the said date.]

On the commencement of the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962, the Madhya Pradesh Live-stock Improvement Act, 1950, in its application to the Vidarbha region of the State of Maharashtra, shall stand repealed:

Provided that, such repeal shall not affect,"

(a) the previous operation of the Act so repealed;

(b) any right, obligation or liability acquired, accrued under the Act so repealed;

(c) any penalty or punishment incurred in respect of any offence committed against the Act so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, obligation or liability, penalty or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed as if the Bombay Live-stock Improvement (Extension and Amendment) Act, 1962, had not been passed]

Dated 19th September, 1935

In exercise of the powers conferred by Section 23 of the Bombay Live-stock Improvement Act, 1933 (Bom. XXII of 1933),the Government of Bombay is pleased to make the following Rules, namely

1. Short title: These rules may be called the Bombay Livestock Improvement Rules 1935.

2. Definitions: In these rules, unless there is anything repugnant in the subject or context

(i) "the Act" means the Bombay Live-stock Improvement Act,1933;

(ii) "castrate" means to performance operation in accordance with these rules for the purpose of removing the reproductive power of a bull and the words "castrated" and "castration shall be construed accordingly;

(iii) "entire" means a male bull possessing ˜full reproductive power;

(iv)schedule

(v) "section" means a section of the Act;

(vi) "village" means a village to which the Act is extended and in which the Act has been brought into force under section 2

(vii) "panchayat" - means a panchayat established under the Bombay Village Panchayats. Act, 1933.

(viii) words and expressions not defined in these rules but defined in the Act shall have the meaning assigned to them in the Act.

3. Limit of age beyond which unlicensed or uncastreted bull not to be kept

No person shall keep a bull which has attained the age of two years unless a licence has been granted in respect of such bull, or such bull has been castrated in accordance with the provisions of these rules, as the case may be.

4. Application for licence. :"Where a person keeping a bull desires to retain such bull entire after it has attained the age of two years, such person shall, three months before the bull attains the age of two years make an application for a licence in respect of such bull to the Live-stock Officer. The application shall state the name and address of the person

who keeps such bull, the place where such bull is kept, and the marks, colour, height and other particulars of identification of such bull.

5. Inspection of bull before grant of licence : -On the receipt of such application, the Live stock Officer shall inspect the bull and if the Live stock Officer is not a qualified verterinary officer, may cause the bull to be inspected by a qualified veterinary officer as to its age and whether it is suffering from any defect or is affected with any disease mentioned in Section 7(l)(b) and (c).

6. Grant of licence :"If on inspection under Rule 5, the Live-stock Officer is satisfied that the bull is not suffering from any defect or is not affected with any disease mentioned in Section 7, the Live-stock Officer may grant a licence in respect of such bull in the form prescribed in Schedule II; and the Live-stock Officer shall ordinarily grant a licence for any such bull so as to provide that there shall be one such bull for every 60 cows in a village in the State of Bombay.

7. Period-of licence :"The period for which-a licence may be granted shall not exceed three years

8. Marking of licensed bulls:

9. Inspection by veterinary officer when compulsory

Before refusing to grant or revoking a licence in respect of a bull on any of the grounds specified in sub-section (1) of Section 7, the Live-stock Officer, if he is not a qualified veterinary officer, shall, if so required by the person who keeps the bull, cause the bull to be inspected by a qualified veterinary officer free of charge, and the opinion of such veterinary officer shall be conclusive whether the bull is suffering from any defect or affected with any disease mentioned in Section 7(1)(b) and (c).

10. Renewal of Licence :Before the period of a licence in respect of a bull expires, the holder of such licence shall apply to the Live-stock officer for the renewal thereof. On such application the Live-stock Officer may renew the licence for a period not exceeding three years, provided that he is satisfied that the bull in respect of which the licence has been granted is not suffering from any defect or is not affected with disease mentioned in Section 7.

11. Transfer of licence :"The holder of a licence may, with the previous consent in writing of the Live-stock Officer, transfer the licence to any person who shall have become the keeper of the bull. On such transfer, the Live-stock Officer shall make an endorsement on the licence stating the name of the person to whom the licence is transferred and the date up to which the said licence shall be in force.

12. Notice of revocation of licence :"When a Live-stock Officer revokes a licence in respect of any bull, he shall give the keeper of the bull notice in the form prescribed in Schedule III.

13. Form of notice of castration :"The notice of castration under Section 7 shall be given in the form prescribed in Schedule IV.

14. Castration :"(l) Every bull directed to be castrated under Section 11 or Section 16 shall be effectively desexed.

(2) If a Live-stock Officer, not being a qualified veterinary officer, is not satisfied with the castration of any bull, be may cause the castration to be performed again by a qualified veterinary officer free of charge.

15. Manner of inquiry under Section 16 :"Before seizing a bull under sub section (2) of Section 16, the Live-stock Officer shall cause an inquiry to be made as to the ownership of the bull by the panchayat of the village in which the bull is kept and, where no panchayat has been established for the village, by a committee consisting of the village officers and such other residents of the village, not exceeding three in number, as may be appointed by the Livestock Officer in this behalf.

16. Determination of costs of maintenance and sale of a bull: The amount of costs, charges or expenses specified in sub section (2) of Section 16 shall be fixed by the Live-stock Officer.

Provided that if the owner or other person who keeps the bull disputes the amount so fixed, such amount shall amount shall be determined by the panchayat of the village and, where no panchayat has been established, by a committee constituted in the manner prescribed in the proceeding rule. The decision of the panchayat or the committee, as the case may be, shall be final.

17. Duties of the Live-stock Officer:It shall be the duty of the Live-stock Officer to exercise all or any of the powers conferred on him under the Act or the rules for the purpose of carrying into effect the purposes of the Act; and the particulars to provide that no bull which has attained the age of two years remain in any village unless a licence has been obtained in respect of such bull, or unless such bull has been castrated in the manner prescribed by these rules.

18. Power of Live-stock Officer to enter premises:"The Live-Stock Officer Shall have, power to enter any premises or place where he has reason to believe that bulls are kept, between sunrise sunset, for the purpose of performing any of the duties imposed on him by the Act or the rules:

Provided that the Live-stock Officer, may before entering such premises or place give notice in writing to' the owner or occupier of such premises or place in the form prescribed in Schedule I.