Himachal Pradesh Livestock Improvement Act, 1968 (Act No. 16 of 1968)

THE HIMA CHAL PRADESH LIVESTOCK IMPROVEMENT ACT , 1968 ARRANC. RM RNT OF SRCTIONS Sections: 1. Short title, extent and commencement. 2. Definitions. 3. Power to specify area . 4. Prohibition to keep a bull unmarked. 5. Intimation about un-marked bulls. 6. Submission of bulls for inspection. 7. Certification of bulls as approved. 8. Marking of castrated bulls. 9. Castration of unapproved bulls. 10. Castration of bulls without owners. II . Power of Livestock Officer to inspect DI' mark bulls oil' inspect and to enter prem ises. 12 . Marking to be free of charge. 13 . Service of notice and order. 14 . Maintena nce of registers. 15 . Duty nf n fficers tn repnrt nffen ces . etc . 16. Penalty for unauthorised marking. 17. Penalty for other offences. 18. Cognizanceof offences. 19. Barof proceedings. 20. No suit DI' other legal proceedings for damage caused. 21. Power to make rules. 22 . Repeal and savings. TH E HIMA CHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 19till (ACT NO. 16 OF 1968)' (ReceIved the assent of the PresIdent of IndIa on the s" November, 1968, and was published in R. H.P., Extra., dated the 3"' January, 1969 at p. 4­ 8). 1. For Statement of Objects and Reasons see R.H.P. Extra., dated 21" August, 1968, P.885. Amended, repealed or otherwise affected by, (i) H.P. Act No. 21 of 1971 1 , published in R.H.P. Extra, dated th~ ~lh Nnvernher, 1~71 . p. 144fi-1 447). An Act to provide for the improvement of the livestock in Himachal Pradesh. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Nineteenth Year of the Republic of India as follows: 1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Livestock Improvement Act, 1968. (2) It extends to the whole of Himachal Pradesh. (3) It shall come into force at once. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context, (a) "approved bull" means a bull certified as such under section 7 or supplied by the Government in a specified area for breeding purposes; (b) "bull" means an uncastrated male calf above such age as the Government may, by notification, prescribe for any specified area; (c) hull is said to he "castrated" if it is rendered incapahle of propagating its species; (d) "Director" means the Director of Animal Husbandry, Himachal Pradesh; (e) "Government" means the Government of Himachal Pradesh ; (I) a person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody for the time being; (g) "Livestock Officer" means the Director and includes any other officer authorised by him with the previous approval of the Government to exercise all or any of the powers of a Livestock Officer under this Act; (h) "notification" means a notification published under proper authority in Rajpatra, Himachal Pradesh; and (i) "prescribed" means prescribed by rules made under this Act. 3. Power to specify area.- (1) The Government may. by notification. declare any part of Himachal Pradesh to be specified area for the purposes of this Act, and thereupon the provision of sections 4 to 21 shall come into operation in such area. 1. For Sta tement of Objects and Reasons see R.H.P. Extra.. dated 14th September. 1971 . P. 11 96. (G) No such notification shall be issued unless the Government is satisfied that the number of hulls in the specified area which are fit to be certified as approved under section 7 together with such number of bulls as may be supplied by the Government in that area for breeding purposes wIll be adequate to maintain the rate of propagation of the species. (:I) Th e Cnvernrnenr may. aftpr rpcordine reasons for dnine sn, ranrpl at any time a notification issued under sub-section (I) . (4) The validity of any notification issued under sub-section (I) or (3) shall not be called tnro quesnon In any proceeding before any court or authority. 4. Prohibition to keep a bull unmarked.- Except as provided by or under this Act. no person shall keep a bull which has not been marked in accordancewith the provisions of this Act. 5. Intimation about unmarked bull,.- Every per'ou who. ou the date of issue of the notification under section 3. has in his possession any bull or who. at any time. thereafter. comes into possession of any bull which is not branded with a di,tingui,hing mark prescrtb ed und er this Act. shall give intimation of such possession to the Livestock Officer within such period as may be prescribed. 6. Submission of bulls for inspection.- On receipt of the intimation under section 5 or on his own motion. the Livestock Officer may. by order. require any person keeping a bull to present the bull to present the bull for inspection at any reasonable time and place in the village of such person as specified in the order. and thereupon. it shall be the duty of the person keeping the bull to submit it for inspection accordingly and render all reasonable assistance in connection with such Inspection. 7. Certification of bulls as approved.- Where. on such inspection of a bull . the Livesto ck Offi cer is sa tisfied that the bull is of 1[an approved variety] as specified from time to time by the Government for the area and is capable of being used for breeding purposes and (a) is not of defective or inferiorconformation and is not likely to get defective or inferior progeny. or (b) is not suffering fro m any incurable. contagious or infectious disease or from any other disease rendering the bull unsuitable for breedingpurposes. 2[XX] ' l(c)****] he shall certify the bull as approved and cause it to be branded with a mark prescrib ed for the purpose. t. Subs for the words "a venery" by H.P. Act NO.2 i of 197l , Sec. 2. 2.. The word" or" omitted vide Act No. 21 of 1971. 3. CoL(c) omitted bide Act No. 21 of 1971. ll. Marking of castrated bulls.- When. on inspection the Livestock Officers satisfied that a bull is effectively castrated. he shall cause it to be branded with a mark prescribed for the purpose. 9. Castration of unapproved bulls.- (I) If. after inspection the Livestock Officer is satisfied that a bull is unsuitable for breeding purposes in a sppcifipd area and is nnt already pffpc tiwly castrared. hp shall callsP it tn hp effec tively castrated or specify. by order a period during which such castration shall be effected. (2) Such castranon shall be performed or caused 10 be performed by the Livestock Officer unless the owner or the other person keeping the bull desires to make his own arrangements for complying with the orders and if the bull Is nor castrated wunm the nme allowed by the Livestock Officer. then without prejudice to any action that may be taken under section 17. the Livestock Officer shall get the bull castrated. (3) The Livestock Officer shall cause every bull so castrated to be branded with the prescribed mark. 10. Castratlou of bulls without owners.- (1) If after such enquiry as the Livestock Officer may deem fit to make. he finds that bull is not owned or possessed by a known person he shall cause the bull to be seized and inspected. (2) If. on such inspection. he finds that action under section 7 or section 8 is appropriate. he shall take such action and if he finds that the bull is not fit for being certified as approved bull and is also not effectively castrated. he shall have it castrated and cause it to be branded with an appropriate mark. II. Power of Livestock Officer to inspect or mark bulls or inspect and to enter premises.- (I) For the purposes of this Act. a Livestock Officer or any other officer or person authorised by him in this behalf shall have power at all reasonable times (a) to inspect any bull; (b) to brand any bull with a prescribed mark in the prescribed manner; (c) subject to such conditions and restrictions. lf any. as may be prescribed. to enter any premises or other places where he has reason to believe that a bull is kept. (2) If the Livestock Officer. on inspection of an approved bull. finds that the bull has contacted a heritable disease or has otherwise become unfit as an approved bull. he may take action for the castration and marking of the bull afresh in accordance with section 9. 12. Marking to be free of charge.- Every castration or marking required to be done or made under ttus Act by a Livestock OffIcer shall be done or made free of charge. 13. Service of notice and order.- (1) Any notice or order which is to be given or served on any person under the provisions of this Act may be served in the prescribed manner. (2) Any notice or order which is to be given to. or served on. any person under the provisions of this Act. may be given to. or served on. the owner nr kpppPl' nf a hull primarily llahle tn rnmply with nntirp Ill' nrrler, ann in case of doubt. or when he is unknown. it may be given to. or served on. the person last known as owner or keeper thereof. and any seizure or inspection und er sect lnn 10 shall he nppmpn tn haw heen dnn e after r nmplia nce with thp notice aforesaid. 14. Maintenance of register .- The Livestock Officer shall maintain In the prescribed form a register gtvmg particulars of tnspecnons, names of owners or keepers of bulls. castrations and markings made. and bulls approved under this Act. andsuch other particulars as may be prescribed. 15. Duty of officers to report offences, etc.- It shall be the duty of all persons entrusted with the performance of any duty under the provisions of this Act. and of all officers. of such grade as may be specified by the Government by general or specia l order. of the Animal Husbandly. Agriculture. Co-operative and Revenue Departments (a) tu give Iuunedl ate Iufunuatl uu tu the nearest Llvestu ck Offlcei of the commission of any offence or of the intention or preparation to commit any offence punishable under this Act which lIIay collie to their knowledge; (b) to take all reasonable measures in their power to prevent the commission of any such offence which. they may know or have reason to believe. is aboutor likely to be committed; and (c) to assist the Livestock Officer in carrying out the provisions of this Act. 16. Penalty for unauthorised marking.- If any person 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. he sha ll be liable to imprisonment which may extend to three months 01' with fine which may extend to five hundred rupees. or both. 17. Penalty for other olfences.- Whoever (a) keeps a bull in contravention of this Act or any rule or order made thereunder ; or (b) neglects or fails to produce a bull for inspection when required to do so under section6 or section 11 : or (c) neglects or fails to comply with an order served under section 9. sha ll he punishahle with fine which may extend to twenty rupees and in the case of second or any subsequent offence. with fine which may extend to fifty rupees. Ill. Cognizance of offences.- No magistrate or court shall take cognizance of any offence under this Act except upon a complaint made by a Livestock Officer or any personauthorised by him in this behalf. 19. Bar of proceedings.- No suit. prosecution or other proceedings shall lie against an officer or servant of the Government for any act done or purpnrting tn hp rlnne under this Act wtrhnur thp parvlnns sanr-tlon nf thp Government. 20. No suit or other legal proceedings for damage caused.- No suit or other legal proceedtngs shall He agatnst the Government or agamsr any of its officers for any damage caused or likely to be caused by anything in good fa ith done or intended to be done under or in pursuance of this Act. 21. Power to make rules.- (I) The Government may. by notification. make rules to carryout the purposes of this Act. (2) III parlicular and without prejudice to the generality of the foregoing provision. such rules may provide for (a) all matters required to be prescribed under this Act: (b) the powers and duties to be exercised and performed by officers or persons acting under this Act and the procedure to be adopted by them in so acting ; and (c) the approved age of a bull for purposes of breeding in any specified area. (3) All rules shall be subject to previous publication. (4) In making any rule. the Government may direct that a breach thereof shall be punishable with fine which may extend to fifty rupees. (5) Every rule made under this section shall be laid. as soon as may be aftpr it is maria, hpfnrp thp I .pgislativp Asspmhly whll» it is in spssinn , fill' a total period of ten days which may be comprised in one session or in two or more successive sessions. and if before the expiry of the session in which it is so laid or the sessions afo resaid the Legislative Assembly makes any modification in the rule or decides that the rule should not be made. the rule shall. thereafter. have effect only in such modified form or be of no effect. as the case may he, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, 22. Repeal and savings.- The Himachal Pradesh Livestock Improvement Act. 1954. (3 of 1955) as in force in the area comprised in Himachal Pradesh prior to I" November. 1966. and the Punjab Livestock Improvement Act. t953, (47 of t953) as in force in the areas merged in Himachal Pradesh under section 5 of the Punjab Reorganisation Act. 1966. (31 of 1966) are hereby repealed; Provided that anything done or action taken or proceedings commenced or continued under any of the said Acts shall be deemed to have been done, taken, commenced or continued under the corresponding provision of this Act. NOTIFICATIONS AND RULES Under THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 SPECIFIED AREAS UNDER SECTION 3 OF THE ACT ANIMAL HUSBANDRY DEPARTMENT NOTIFICATION Simla-4, the 27th August, 1970. No. 6-3170-AH-Sectt.- In exercise of the powers vested in him under section 3(1) of the Himachal Pradesh Livestock Improvement Act, 1968, (Act No. 16 of 1968) the Lieutenant Governor, Himachal Pradesh is pleased to declare the fo llowing areas as specified areas with Immediate effect: Name of District Specified Areas Mahasu Klnnau r Sirmour Btlaspur Key Village Block Sulau. Key Village Block Ghaunahalli. Key Village Block Kunihar. Arki and Palog proper, Areas within five miles radius ] from Veterinary Hospital Dhundan proper, Veterinary Hospital, Suni proper, Barotiwala and palla proper, Theog proper, Kotgarh proper Kotkhai, Purag, Rohru proper. Areas within the radius of two miles each from Vctcrtnary Hospital Ribha and Veterinary, Dispensary Gyabong. '[Areas within the radius of 5 miles each from the Veterinary Institutions at Nlgulsarl, Nichar, Tapri and Kilha] . Areas within the radius of 3-4 miles from the key Village Units Kolar, Rarnpur, Banjaran, Majra, Bata­ Mandi, Paonta, Ajoli, Shivpur, Salwalla and Bhagani. Key Village Block Bilaspur with six Key Village Units at Kothlpura, Ben, Chanpur Bagibanola, Xakatkhanaand Delag. Key Village Block Chumarw ln with six Key 1. Declared asspecified areas by Not. No. 6 ~3!70A.H.(Sectt.) dated the 2"d August, 1971 , publisbed in R.H.P.., dated u" Sept., 1971 , P. 941, read witb Corrigendumof tbe same No. dated tbe n" October, 1971 , publisbed in R.H.P., dated the 30'h October, 1971 , P. 1973-74. Veterinary Sandhole, Sarkaghat, Chamba Kangra Kulu Shimla. Village Units at Berthin, Kothi, Barasandh, Kuthera, Dadhol and Palthin (Begher). Areas within a radlus nf S mll es p"ch frnm Artifki"l Insemination Centre, Mandi, Bhangrotu, Sundernagar, Gogar, Karsog, Ioglndernager. Sarkaghat, Gagal (Ghasnu) Channtra and Taknll . Areas within radius of 5 miles each from Hospital, Karsog, j enjahli , Bhangrotu, Sundernagar, Saigaloo, Lad-Bharol, jogindernagar, Cohar, and Mandi. Areas within radius of 5 miles each from Veterinary Dispensary Rewalsar, Dehar, Kotkhmardha, Gagal, Padhar, Baldwara, Hatgarh, Thathi, Cheuhni, Leda, Bali­ Chatri. Chatrl, Tihara. Dharampur, Marhl, Nogwain. Seoh Khaddar and Bhararoo. Chamba, Chowari, Bharmaur, Klhar, Sihunts, Mail, Thullel, Kaklra , Salwan, Mangala, Saho Kiani, Sarol, Koli Bathree and Tissa. Areas within five miles radius of Palampur city, Darang Village, Nagrota town, Kangra town, shahpur village, Bir village Paprola village, Bhaura village, Bharamsala city, Chadhiar village, Chobin village, j awali village, Nurpur town, Indora village, Mohtli village, Mllwan Village, Teora village, Dehr town, Bankhandi village, jawalamukhi town, Pragpur town, Nadaun town, Amb village. Gagret town, Daulatpur Chowk village, oel village, Panoh village, Pandoga village, Saliana village, Garli town, Dahd village, Bhawarna village, and Daroka village, Panchrukhl village and Una town. Areas within 8 kilometre radius around Kulu , Kais, Raison, Pathkuhl , Bhuttl , Manall, Bhuntarn Cars a , jalugaran, Banjar, Goshani, Nirmand and Ani. All Panchayts in Kandaghat tehsil and Sub-tehsil Simla (including area of Municipal Corporation, Simla). (R.H.P. dated the 261h September, 1970, p. 831 to 835). LIVESTOCK OFFICERS DIRECTORATE OF ANIMAL HUSBANDRY NOTIFICATION Simla-4, the 3rd july, 1971. No. la-tijti9-I1(Vety.).- In exercise of the powers vested in him under Section 2(g) of the Himachal Pradesh Livestock Improvement Act. 1968. the Director. Animal Husbandry. Himachal Pradesh. with previous approval of the Government. authorise the fo llowing Offlcers/Offtctals to exercise all the powers of a Livestock Officer under the above mentioned Act. within the sphere of their duties: 1. MAHASU DISTRICT 1. District Animal Husbandry Officer. Mahasu District. 2. Veterinary Assistant Surgeon. Veterinary Hospital. Arki. 3. Veterinary Assistant Surgeon. Veterinary Hospital. Darlaghat. 4. Veterinary Assistant Surgeon. Veterinary Hospital. Suni. 5. Veterinary Assistant Surgeon. Veterinary Hospital. Barotiwala. 6. Veterinary Assistant Surgeon. Veterinary Hospital, Theog. 7. Veterinary Assistant Surgeon. Veterinary Hospital. Kotgarh. 8. Veterinary Assistant Surgeon. Veterinary Hospital. Kotkhai. 9. Veterinary Assistant Surgeon. Veterinary Hospital. Rohru. 10. Veterinary Assistant Surgeon, Key Village Block, Sulan. 11 . Veterinary Assistant Surgeon. Key Village Block. Ghana hatti. 12 . Veterinary Assistant Surgeon. Key Village Block. Kunihar. 2. KI NNAUR DISTRICT 1. District Animal Husbandry Officer. Klnnaur District. 2. Veterinary Assistant Surgeon. Nichar. 3. Veterinary Assistant Surgeon. Kilba. 4. Veterinary Assistant Surgeon. Ribba. 5. Veterinary Assistant Surgeoo. Peo. 6. Veterioary Assistaot Surgeon. Sangla. 3. BlLASPUR DISTRICT 1. Veterinary Assistant Surgeon. Key Village Block. Bilaspur and Ghumarwin. 2. Veterinary Assistant Surgeon. Swarghatand jukhala. 4. MANDl DISTRICT 1. District Animal Husbandry Officer. Mandi District. 2. Veterinary Assistant Surgeon. Veterinary Hospital. Mandl. 3. Veterinary Assistant Surgeon. Veterinary Hosptral. Satgaloo. 4. Veterinary Assistant Surgeon. Veterinary Hospital. logindernagar. IG . Veterinary Assistant Surgeon. Dehra. 13. Veterinary Assistant Surgeon, Garll. 14 . Veterinary Assistant Surgeon. Cagret. 15. Animai l lusbandry Assistant. Nadaun. 16. Veterinary Assistant Surgeon.. DaulatpurChowk. 17. Veterinary Assistant Surgeon. Daroka . 18. Veterinary Assistant Surgeon. Una. 7. KULU DISTRICT I. District Animal Husbandry Officer. Kulu District. 2. Veterinary Assistant Surgeon. Kulu. 3. Veterinary Assistant Surgeon. Manall, 4. Veterinary Assistant Surgeon. Nirma nd. 5. Veterinary Assistant Surgeon.. Banjar. 6. Veterinary Assistant Surgeon. Patlikuhl. 7. Veterinary Assistant Surgeon. Ani. 8. SIRMOUR DISTRICT I. District Animal Husbandry Officer. Sirmur District. 2. Veterinary Assistant Surgeon. key Village Block. Majra. 3. Veterinary Assistant Surgeon. Veterinary Hospital. Paonta Sahib. 9. SIMLA DISTRICT I. District Animal Husbandry Officer. Simla District. 2. Veterinary Assistant Surgeon. Incharge A.!. Centre. Simla and Veterinury Assistant Surgeon. Simla. 3. Incharge A.!. Sub-Centre. TotuN eterinary Assistant Surgeon. Kandaghat. 4. Veterinary Assistant Surgeon. Incharge A.!. Centre. Sabathu and Veterinary Assistant Surgeon. Sabathu. J. Veterinary Assistant Surgeon. Nalagarh. J. Veterinary Assistant Surgeon, Veterinary Hospital, Ladhbaral. 6. Veterinary Assistant Surgeon, Veterinary Hospital, Sarkaghat. 7. VeterInary Assistant Surgeun, VeterInary Huspltal, Sundernagar. 8. Veterinary Assistant Surgeon, Veterinary Hospital, Cohar. 9. Veterinary Assistant Surgeon, Veterinary l Iospltal, Takoli. 10. Veterinary Assistant Surgeon, Veterinary Hospital, Bhangrotu. II . Veterinary Assistant Surgeon, Veterinary Dispensary, Padhar. 12. Veterinary Supervisor, Veterinary Hospital, Karsog. 13. Veterinary Supervisor, Veterinary Hospital, Janjehli. 14. Veterinary Supervisor, Veterinary Hospital, Sandole. 5. CHAMBA DISTRICT I. District Animal Husbandry Officer, Chamba District. 2. Veterinary Assistant Surgeon, Chamba. 3. Veterinary Assistant Surgeon, Kotl. 4. Veterinary Assistant Surgeon, Chowari. 5. Veterinary Assistant Surgeon, Sihunta. 6. Veterinary Assistant Surgeon, Tissa. 7. Veterinary Assistant Surgeon, Kihar. 8. Veterinary Assistant Surgeon, Bathree. 9. Veterinary Assistant Surgeon, Bharmour. 10. Veterinary Assistant Surgeon, Mehla. 6. KANGRA DISTRICT I. District Animal Husbandry Officer, Kangra District. 2. Veterinary Assistant Surgeon, Palompur. 3. Veterinary Assistant Surgeon, Dadh (Headquarters at Nagrata Bagwan). 4. Veterinary Assistant Surgeon, Kangra. fl Veterin ary Assistant Surgeon . Shahpur. 6. Veterinary Assistant Surgeon, Paprala. 7. Veterinary Assistant Surgeon, Bhawarna. 8. Veterinary Assistant Surgeon, Dharamsala. 9. Veterinary Assistant Surgeon, j awali. 10. Veterinary Assistant Surgeon, Nurpur. 11 . Veterinary Assistant Surgeon, Indora.