Sindh Livestock Improvement Act, 1933 (Act No. XXII of 1933)

397 SIND ACT No. XXII OF 1933.1 ~THEtSlND';LlVECSTbCK IMPROVEMENT Acr, 1933·] [1St December~.] An Ad to provide for the improvement of liue-stock. WHEREAS it is expedient to provide for the improvement of live-stock in the manner herein provided; And whereas the previous sanction of the Governor General required under sub section (3) of section SoA and the prevIOUS sanction of the Governor :required under section SoC of the Government of India Act, have 'been obtained for the passing of this Act; It is hereby enacted as follows :- - . I. This Act may be called the '[Sindl Live-Stock Improve- Short title. ment Act, t933· 2. (a) Section I and this section extend to the whole of the Extent. l[province of Sind]. (b) 4 * * * * 's[the Provincial Government] may, by 'Gazette], direct that the remaining 'extend to any village 7* * notification in the 6[Official provisions of this Act shall ... * * 1: (c) Section I and this section shall come into force at once and 'the remaining provisions of this Act shall come into force in anv IVillage to which the said provisions shall have been extended under sub-section .(b) ~111 such date. as 5[the Provincial Government] may by notification in the 6[0fflcial Gazette] appoint. 3· In this Act, unless there is anything repugnant in the sub- Definitions. jeet or context, (I) "Cow" includes a heifer; ( I For Statement of Objects and Rca~ons: sec B. G" C., 1933. Part V, pp. 1000·1001 and {or Proceedings ill Council, see Bombay LC~lslatlvc .C,ollncil Debates, 1933, Vol. XXXVIII. a Subs. by the Sine! Laws (Adaptation. ReVISIOn, Repeal and Declaration) Ordinance I 5 (Sind 5 of 1(55), s. 3(i) (w.c. f. 30th May f()Sr), (or "Bombay". ' 9 5 3 Subs. ibid, 5. 3(ii)(a) [w. e. f. jcth May I95~), for "Presidency of Bombay". 4 The words hC1;,in.ning with' 'on a written upplication niadu" and ending with "of the district local board" rep, fU1d. s. ti, Sell. II. S Subs. by the A. 0 .. 1937. for "Govt.". 6 Subs. ibid. for "B. G. G.". ? Tho words "in respect of which the application had been made" rep. by the S' d L :(Adaptation, Revision, Repeal and Declaration] Ordinance, 1955 (Sind 5 of 1955), s. 6t.nSch.a~~ Live-Stock Improvement. [1933: Sind XXII. . ,. (2) "1[Director of Animal Husbandry) " means the officer appointed for the time being to be the Director of Agriculture ;' (3) "License " means a licence granted under section 6 ; (4) "Live-stock officer" means an officer or person ap pointed or invested with powers under section 4 ; (s) "Prescribed," with its grammatical variations, means· prescribed by rules (6) "Rules" means rules made under section 23 ; (7) "Village" means a village as defined in the "fSindJLind~ Revenue Code, 1879 . and (8) "A person is said to keep a bull," if such person owns the bull or has the bull in his possession or custody. ..' A . t t 4· 3[The Provincial Government] may, by notification in the. on~~~s~~~ 4[Offieial Gazette), appoint the 5[DirectoT of Animal Husbandry]. ollieer. 01' any other officer of the 6[Department of Animal Husbandry].' to be a live-stock officer and assign to such officer such powers and: duties under this Act, as they may deem fit. Prohibition for keeping a bull for breeding purposes. Grant of licences. S. No person shall keep a bull which has attained the pres-, cribed age except under and in accordance with the terms, condi tions and restrictions of a licence granted under section 6. 6. Every licence for the keeping of a bull shall be granted bY. a live-stock officer authorised by 3[the Provincial Government]:' by general or special order in this behalf in such form, for such period; and subject to such terms, conditions and restrictions as may be' prescribed: Provided that no fee shall be charged fOT the grant of a licence: I Subs. by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance,'; 1955 (Sind 5 of 1(55). s. 7. Sch. Ill, for "Director of Agriculture". . r... 2 Subs. ibid, s. 3(1) (w. e. f. goth May 1951)' for "Bombay". 3 Subs. by the A. 0" 1937, for "Govt.". 4 Subs. ibid, for "B. G. G." 5 Subs. by the Sind LawsfAdeptatlon. Revision, Repeal and Declaration) Ordinance, I95'~ (Sind 5 of 1955). a. 7, Seh. III, for "Director of Agriculture". . 6 Subs. ibid, for "Department of Agriculture". Lice-Stock Improvement. 399 7. (I) Subject to rules, the live-stock officer auth?rised t.o ~~~:7,~ to grant the licence may refuse to grant or may revoke a licence 1£ revocation .the opinion of such authority, the bull appears to be- of licence. (a) of defective or inferior conformation ancllikely to beget 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. (]) No person shall be entitled to any compensation for the revocation of a licence under sub-section (I) or (2). (4) If a licence is revoked under sub-section (I) 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 owner of the bull and any such notice given in respect or a licence shall state the ground, for the revocation. (5) If the notice is duly given in accordance with the last fore going sub-section to a person who is not the owner of the bull, it shall be the duty of that person forthwith to take all reasonable steps to inform the owner accordingly, and if he fails to do so, he shall indcu.nily the owner agains t any loss the owner Il:ay suffer by reason of the failure . .. , 8. When the live-stock officer granting the licence is satisfied Gra~t of that a licence granted under section 6 has been lost or destroyed, ~~h~~~~:. such officer rLay, subject to such conditions as tray be prescribed, . ,issue to the holder of the licenc? a duplicate thc reof, and thereupon all the provision- of this Act with respect to the licence shall apply 1\0 the duplicate a, if it were the original licence. 1 [. 9. A licence granted in respect of a bull shall rcuain in force Duration c! !Ulltil- licence. (a) the period specified therein expires, or (b) it is revoked under this Act, or Ie) the bull dies or is castrated in the prescribed manner. 400 Live-Stock I mbroucmcnt. [1933: Sind XXIi] Dnty to ~roduce licence. InSf,cclion of 10. Any person who keeps a bull shall at any reasonable tin.e,~' bul s. either at the place where the bull is for the ti.i.c being or at any. other reasonable place, sub TIt 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 tor the purpose of inspection.. Power to 11. (I) A live-stock officer may, by notice served in the pres~ ~:~~~I~i~:I~;~·. cribcd manner, require that. any bull which has attained the pres~ cribcd age at the date when the notice is rerved and in respect o~' which no licence is for the tir.e being in force under this Act, shall be castrated in a prescribed manner within one rr.onth after the I1C'tice, takes effect. Such castration shall, if the owner or other person: who keeps the bull requires, be performed or caused to be performed, by the live-stock officer tree ot 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. C-) If a notice under this section is duly served on a person who' is not the owner of the bull, it shail be the duty of the person forth-1 with lo lake ail reasonable steps to in lorm the owner accordingly,l and, If he fails to do so, he shall be liable to indemnify the owner: against any loss the owner may suffer by reason of the failure.' 12. It shall be the duty of any person who tor the time being! keeps a bull, if a licence is in force in respect of the bull, to produce: the licence Penalty for keeping a hull in contra vcntion of this Act or rules or without or in contra vention of licence. (a) within a reasonable tire on demand made by a liye~ stock officer '* * .. * * * authorised by general or special order by 2[the Provincial Governrr.ent] in this behalf in any place where the bull is tor the time being, (b) before a cow is served by a bull on demand made' by, the person in charge of the cow. . . 13. 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 punishable with fine' which may extend to Rs. 25. . .~ I The words "or an officer of the Agriculture or Veterinary Department", rep. by thcS~ L1.wS (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind 5 of 1955),.m Sch. 11. c Subs. by the A. 0., 1937, for "Oovt.", Lioc-Stock Lmproucment. 40 I . 14. Whoever neg~ects or fails to comply ~i~h a notice .served ~::I~?':~r l accordance with section 7 or II shall, on conviction, be punishable failure to,"til fine which may extend to Rs Z5 co~ply with. . . notice under section 7 or II. IS. Whoever neglects or fails to submit a bull for inspection Penalty for I .d b u t k ffi r Ior i t' d . neglect orhen require y a rve-s oc 0 cer or mspec IOn un er section IO failure to whoever fails to produce a licence when required to do so in accord- com~IY,wilh , ith th ' , f ti 1 II icti b '1 requlsrtlonce with t e provisions 0 sec IOn IZ s 1<1 ,on con VIC ion, e pums 1- under ble with fine which may extend to Rs, 25. section 10 . or 12. 16. (I) Whenever an offence under'section I5 has been com- Power of itted, or whenever any bull has not been castrated in compliance ~;'~:;~~k 'til the notice served under section II, it shall be competent to a castrate. ve-stock officer to castrate or cause to be castrated in the pres "bed manner, the bull in respect of which such offence was com itted or such notice was served, as the case may be. Such castra 'on shall be performed or caused to be performed by a live-stock f1icer free of charge. (2) It shall also be competent to a live-stock officer to seize 'y bull, if the person in whose ownership, possession or custody is, for the time being, is not known or cannot be ascertained tel' an inquiry in the prescribed manner. On such seizure the e-stock officer may, if he is of opinion that such bull has attained eprescribed age or is suffering 11'0111 any of the defects or disease cificd 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 s,:ch owner on payment of the costs, charges and expenses incurred for the maintenance of the said bull and determined in the prescribed manner, or L (iv) 693-B-z6 402 Live-Stock Jmprovement. [1933: Sind xXIij Power 01 live-stock officer to inspect or mark a bull orto enter premises. Officers bound to assist live stock officers. (iii) if sold by public auction, the proceeds of su~ sale shall be paid to such owner after deducting therefro~ the costs, charges, and expenses incurred for the main~ tenance and sale of the said bull and determined in the] prescribed manner. 17. For the purposes of this Act, a live-stock! officer shalf have power at all reasonable times ta) to inspect any bull, tb) to mark! any bull with any prescribed mark! in theJI prescribed manner, tc) to enter any premises or other place in the preSCribe~d manner where he has reason to believe that a bull is kept. ... lB. All village officers 'oO • • useful to '[the Provinci~ Government] and all officers of the departments of revenue 3[and Animal Husbandry] shall be bound (a) to give immediate information to a live-stock office~r of the commission of any offence, or the intention or preparation to commit any offence punishable under this Act which may come to their knowledge; (b) to take all reasonable measures in their power to prei vent the commission of any such offence which they knowor' have reason to believe is about to be committed; and. . (c) to ,;ssist any live-stock officer in carrying out the proViI stons of this Act. . I The words "all village servants" rep. by the Sind Laws (Adaptation, Revision, R~ end Declaration) Ordinance, 1955 (Sind 5 of 1955). a. 6, Sch. II. 'Z Subs. by the A. 0., 1937, for "Gcvt.". 3 Subs. by the Sind Laws (Adaptation, Revision, Repeal and Declaration) OrdiO',?~. ]955 (Sind 5 of 1955), s , 7. Sch. Ill, for "agriculture and veterinary". ... Subs. ibid,s. 4 [w. e. f. 30th May 1951). for "Indian". Cognieanee 19. No Court shall take cognizance of any offence under th~' of offences nnder tho Act, except on a complaint made by a live-stock officer or any person Act. authorised by such officer in that behalf. ;~;;~t~~to zoo Every live-stock officer shall be deemed to be a public public servant within the meaning of section ZI of the-IPakistan[Penal Code. ; servant, -. Protection of 21. (1) No suit, prosecution or other legal proceedings siian 1 f:~'fnn~:~. be. instituted against any person for anything which is in gooCl faith and faith done or intended to be done under this Act or the rules. limitation of suits and of prosecutions, 11013: Sind XXIIJ Live-Stock Improvement. (2) No suit shall be instituted against '[the Crown] and no f "rosecut~on or suit shall lie against any live-sto:kt officer in respect of anything done or alleged to have been done, in pursuance of this ct, unless the suit or prosecution has been instituted within four . onths from the date of the act complained of. 22. '[The Provincial Government] may call for and examine the Revision. record of any order or the proceedings of any live-stock 'officer for !he 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 '[the Provincial 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. . 23. \I) '[The Provincial Government] Illay make rules for Pow~r of Ihe purpose of carrying into effect the provisions of this Act. g~~:l;nc~a~nl to make rules. (2) In particular and without prejudice to the generality of Ithe foregoing provision, such rules may be made for all or any ofthe followmg 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, ' td) under section 7, prescribing the condi tions subject to which a licence may be revoked, \c) under sections 7 and II, prescribing the manner In which notice shall be served, I Subs. by the A. 0.,1937. lor "Covt,". 2 Subs. ibid. {or "Oovt.". Live-Stock ImprovemCllt. [1933: Sind XXII (j) under section 8, prescribing the conditions subject' to which a duplicate of a licence may be granted, .: \g) under sections II and I6, prescribing the manner in which a bull shall be castrated, and the manner in which in quiry 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 I7, 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. (3) Rules made under this section shall be subject to the con dition of previous publication in the '[Official Gazette]. (4) Rules made under this' section shall be laid '[before the, Sind Legislative Assembly] at the session ~[thereof] next following and shall be liable to be modified or rescinded by a resolution ~[ol the said Assembly] and such rule shall atter notification in the '[Official Gazette) be deemed to have been modified or rescinded] accordin gly. ... ... ... ... ... ... ... Power of 24. 6[The Provincial Government] may, by notification in the, ~~~v;r'::'~~nt '[Official Gazette], direct that all or any o~ the provisions ?f this Act; tcapply tho which shall have been extended to any Village under section 2 shall' fJ:~:i'l~~St~1 apply to. buffalo-bulls in such village from the date specified ~ such' buffalo-bulla, notification and thereupon the references to bulls and cows ill the l l provisions of this Act so applied shall be cons trued as references to buffalo-bulls and buffalo-cows respectively and thi: Act shall app\yj accordingly. Saving. 25. Nothing in this Act shall apply to a bull dedicated in gOOdl Iai th to a religious purpose according to religious custom and usage. ~ I Subs. by the A. 0., 1937. for "B. G. G.", 2 Subs. by tho Sind Laws (Adaptation, Revision, Repeal and Declaration] Ordinance, 19S'~ (Sind 5 of 1955). e. 7. Sch. III, for "before each of the chambers of ,he Provincial Legislature" these words were previously subs. by the A. 0., 1937. for "upon the table of the Bombay Legislati'i Council" . 3 Subs. by the A. 0., 1937. for "of the said Council", 4 Subs. by tbo Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance 19S5~ (Sind 5 of 1955), 9.7, Scb. III, for "in which both the chambers concur" these words we~ su~ by the A. 0.,1937. for "of the said Council". 5 The proviso rep. ibid. 6 Subs. by the A. 0., 1937, for ~'Govt:',