Andaman and Nicobar Islands Livestock Improvement Rules, 1966

Publiched by Authroity No. 116, Port Blair, Wednesday, Nov 23, 1966/Agrn 2, 1888 ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISIONER'S SECRETARIAT ****** NOTIFICATION ****** Port Blair, the 23 rd November, 1966/Agrahayan 2, 1888. No. 146j66j44-24j62-PL (J)-In exercise of the powers conferred on him by Section 20 of the Andaman and Nicobar Islands Livestock Improvement Regulation, 1955 (5 of 1955) the Chief Commissioner. Andaman and Nicobar Islands has been pleased to make the following rules, the same having been previously published in an extraordinary issue of Andaman and Nicobar Gazette (61of 1966) as required under Section 20 (1) of the said Regulation, namely; THE ANDAMAN AND NICOBAR ISLANDS LIVE STOCK IMPROVEMENT RULES, 1966 1. Short Title-The rules may be called the Andaman and Niocbar Islands Live Stock Improvement Rules, 1966. 2. Definitions-In these rules unless there is anything repugnant in the subject or context (i) 'Form' means a Form appended to these rules and (ll) 'The Regulation' means the Andaman and Nicobar Islands Live stock Improvement Regulation, 1955. 3. Certificate of Castration-The Certificate of castration contemplated in Section 4 (1) of the Regulation shall be given in Form I. 4. Prescribed Age- A Bull shall be deemed to have attained the prescribed age for the purpose of the Regulation and these rules if, In the opinion of the live Stock Officer it hcs ottolned. The age of one and hetf veers. 5. Application for License-An application for a license under section 4 of the Regulation shall be made separately in respect of each bull three months before it attains the prescribed age. The application shall be in writing and shall contain the following particulars, namely: (a) the name and address of the person keeping th e bull. (b) The place at which the bull is kept and (c) The bread, age, marks colour, height and other identification marks, if any, of the bull. 6. Inspection and Grant of License-On receipt of an application under rule 5 the Live stock Officer shall inspect the bull as soon as possible and shall grant a license in Form 11 if, in his opinion, the bull do3s not appear to be (a) Of defective or inferior conformation and consequently likely to beget defective or inferior progeny, or (b) Suffering from an incurable, contagious or infectious disease or from any other disease rendering the bull unsuitable for breeding purposes, or (c) Of breed which is undesirable to propagate. 7. Issue of License Without Application-If, in the course of his inspection, the live stock officer finds a bull which in his opi9nion is suitable for breeding and in respect of which an applicntion for Iicpnse has not, however, been made he may issue a license in form II in respect of such bull . 8. Period of License-The period for which a license may be granted at a time shall not exceed three years. 9. Identification of Unsuitable Bulls-For the Purposes of identification a bull castrated under section 8 (2) 12(1) or 12 (2) of the Regulation, shall be branded on the left cheek or neck with the letter, "R" not smaller than 3.75 cm by 3.75 cm. in size or tattooed on the inner side of the left ear with the same mark not less than 1.25 cm hy 1.2S rrn slze . If the castration id done by the Live Stock Officer he shall himself get the animal branded or tattooed. If the person keeping a bull makes his own arrangements for castrating the bull under Section 8(2) of the Regulation, it shall be tile duty of such person to have the bull branded or tattooed in the manner stated above. In case a bull previously licensed and marked with the letter "L" is subsequently considered unsuitable for breeding purposes and castrated, it shall be marked with the letter "R"" and when this is done the mark "L" shall be deemed to have been cancelled. 10. Making of Licensed Bulls-A bull in respect of which a license has shall be tattooed inside the left ear with the letter "L" not less than 1.25 cm.-- by 1.25 cm------------ or branded on the left cheek with the same mark of a size not less than 3.75 by 3.75 cm.- 11. Renewal of License-A license granted in respect of a bull shall cease to be absence of such a renewal, the bull shall be liable to be dealt with as an unlicensed bull. The holder of a license desiring to renew the license, shall submit it to the Live Stock Officer with an application of in writing for its renewal at least one month before the date of expiry, of the licence, On receipt of such an application, the Live Stock Officer may be endorsement on the license renew it for a further period not exceeding three wars having regard to the provisions of section 5(1) of the Requlatlon Tile Live Stock Officer may at his discretion for good and sufficient reason condone dely in the submission of an application for renewal of a licence. 12. Transfer of Licence-The Holder at a licence may, with the previous consant 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 . 13. Notice of Revocation of Licence-The notice of revocation of a licence given under Section 5 (3) of the Regulation shall be in Form II. 14. Issue of Duplicate Licence-When a licence qranted in respect of a bull is lost or destroyed the Live Stock Officer may6 grant in duplicate of the original licence after satisfying himself that the original has been destroyed or lost, and there on all the provisions of the Regulation and of these rules in respect of the licence shall be applicable to the duplicate as if it were the original. An amount of 50 paise shall be payable for issue of a duplicate licence under this rule. . 15. Castration-(l) The order of the Live Stock Officer under section 7 of the Regulation requiring a person keeping a bull to subrnlr it for Inspection shll be in Form IV. (2) The order of the Live Stock Officer under section 8(1) of the Regulation requiring a person keeping a bull to have it castrated shall be in Form V (3) The direction of the Live Stock Officer under sanction 12 (1) of the Regulation requiring a castration of a bull shall be in Form VI. (4) Tile direction of the Live Stock Officer under section ll(1) ot the Regulation for the castration of a bull shall be Form VII . (5) If the Live Stock Officer is not satisfied with the castration of a bull he may order the castration to be performed again in a manner approved by him. 16. Period within which ownership of sized Bull should be proved-The period within which a person may appear before the Live Stock Officer under section 12(4) of the Regulation to prove that a bull seized under section 12 (2) is owned hy him shall be one month from the date of seizure . 17.Custody of the Bull During Detention-The Live Stock Officer may entrust the custody of a bull seized under section 12 (2) of the Regulation to the Pradhan of the Gram Panchayat, pending its sole by public auction or other disposal under the Regulation or these rules and the Pradhan of the Gram Panchayat shall keep the bull in the Village cattle pound if one exits, or, if there is not cattle-pound in the village, the Pradhan of the GrSam Panchayat shall make his own arrangements for keeping the bull in custody. 18. Responsibility of the Pradhan of the Gram Panchayat for Feeding and watering the Animal-A bull seized and entrusted to the custody of a Pradhan.of the Gram Panchayat shall be treated by him in the same way as impounded cattle under the Cattle-Trespass Act, 1871. He shall immediately prepare a receipt in triplicate in the same form as the one prescribed for impounded cat t le of which one copy is to be given to the Live Stock Officer and he shall also enter particulars of the hull in the register for impounded cattle maintained by him . The Pradhan of the Gram Panchayat shall be responsible for the proper maintenance of the bull until it is disposed of in accordance with the prov isions of the Regulation or these rules. 19. Report to the Station House Officer-If in respect of any bull in the custody of a Pradhan of the Gram Panchayat , no claim supported by an order of the Live Stock Officer is made wiLhin seven days from the rate ot is seizure, the Pradhan of the Gram Panchayat shall prepare, a report in the form prescribed, or a similar purpose in the case of impounded cattle, in triplicate and send the outer-foil to the nearest Station House Officer, or to such other officer as the District Magistrate may appoint in this behalf. 20. Notice and proclamation to be issued by the Station House Officer- As soon as the report is received from the Pradhan of the Gram Panchayat the officer receiving it shall display in a conspicuous part of his office a notice stating (0) The description of the bull. (b) The place where is was seized, and (c) The place where it is kept in custody and shall cause proclamation pf the same to be made in the village and at the market place nearest the place of seizure. 21. Release of Animal on Claim During the Notice Period- If the owner of his agent appears and claims the bull and the claims the bull and the claim is supported by an order of the Live Stock Officer before it is brought over from the pound or other place of custody he shall be referred to the Pradhan of the Gram Panchayat, but if the bull has already been received for sale, it shall he delivered to the owner to the Pradhan of the Gram Panchayat, he shall deliver the bull to the owner or his agent on payment of the cost charges and expenses incurred for its maintenance and he shall simultaneously lntlmate uie fael uf such delivery to the officer to whom the report has already been sent and shall also make note of it in the register of impounded cattle. 22. Sale of Animal-If the bull be not claimed within seven days from the date of the notice the said officer of an officer of his establishment deputed for the purpose shall sell it by public auction of such place and time and subject to such conditions as the District Magistrate may be general or Provided that if the owner or his agent appears and claims the bull before it is sold and the claim Is supported by an order of the Live Stock Officer, it shall be delivered to the owner or his agent on payment of all cost, charges and expenses incurred for its maintenance. Provided further that. If any such bull in the opinion of the District Magistrate is not likely to fetch a fair price, if sold as aforesaid, it may be sent to a pinjrapole or an infirmary recognized by the Chief Commissioner in this behalf. 23. Cost, charges and Expenses to be deducted from Sale- proceed and Balance to be Handed over to owner-It the bull is claimed but the costs, charges and expenses incurred for its maintenance are neither paid nor deposited within the time specified for sale, the bull shall be sold by public auction. The precedes of the sale of the bull after deducting there from the costs charges and expenses incurred for the maintenance, and sale of the bull chall be paid to the owner after obtaining his written receipt. An account in the following form shall also be furnished to the owner: (a) The Description of bull seized. (b) The period for which it was in custody. (c) The amount of costs, charges and expenses incurred for the maintenance and sale of the bull . (d) The proceeds of the sale. (e) The manner in which the said proceeds have been disposed of. 24. Owner's Claim After Same- No claim for the sale- proceed of the bull shall be entertained unless it is preferred within one month from the date of sale of the bull by public auction. If the claim is made within the time aforesaid, the proceeds of the sale of the bull after deducting there from the costs, charges and expenses incurred for the maintenance and sale of the bull shall be paid to the owner after obtaining his written receipt. 25. Determination of Costs, Charges and Expenses of Maintenance (1) (i) The transport charges and coolie hire for conveying the bull from the place of seizure to the place or detention and hence to the place of sale; and (H) Feeding, watering and other incidental charges incurred while the bull is under detention. (2) The costs, charges and expenses of sale of a bull shall include the expenses incurred in connection with any notice, repulsion or order issue or proclamation made in connection with the sale or attempted sale. 26. Duties of the Live Stock Officer- The castration under Section 12 (1) or 12 (2) of the Regulation shall be preformed or caused to be performed by the Live Stock Officer. 27. Power of the Live Stock Officer to Enter Premises-While acting under the Provisions of Section 13 (C) of the Regulation, Live Stock Officer or any officer or person authorized by him in this behalf shall before entering such premises or place, give notice of entry in writing to the owner or occupier of such premises or place in Form VIII. No entry shall be made between the hours of Sun-set and Sun-rise. The Live Stock Officer or other officer or person aforesaid shall, as far as practicable be accompanied by the person who keep the bull, at the time of entry or failing him, the village pradhan, or a revenue or police officer. The Live Stock Officer may break open any outer or inner door or window of any bUilding or place where he believes the bull has been kept, if after notification of his authority and purpose and demand of admiLLance duty made, he cannot otherwise obtain admittance. 28. Enquiry before Seizure-B fore seizing a bull, the Live Stock Officer may cause a summery enquiry to be made as to ownership of the bull by a committee consisting of the village officers or one of them and such other residence's of the village not exceeding three In number as may be appointed by the Live Stock Officer concerned. 29. Notice of Dedication-Every notice under section 21 of the Regulation shall neo m writing and shall contain a full description of the bull dedicated. Every such notice shall be sent by registered post to the Live Stock Officer concerned. 30. Service of Notice and Order-(l) When any notice or order is required to be given under the Regulation or under these rules, such notice or order shall, when no particular method is provided or indicated in the Regulation or these rules, be given: (a) by giving or tendering the notice or order to such person; or (b) If such person is not found, by leaving such notice or roder at his last known place of abode or business, or by giving or tendering the serne to some adult member or servant of his family; or (c) If such person does not reside in the local area and his address elsewhere is known to the officer or person issuing the notice or order by sending the same in some conspicuous part of such such place of abode or business. (2) In the case of joint owners. It shall be sufficient to serve the notice or order on or sent it to. One of the such owners. 31. Whoever commits a breach of any of these rules shall be punishable with fine which may extend to fifty rupees and in cases of seconded any subsequent offence with fine which may extend to one hundred rupees. Form I (See rule 3) ceruncenon of Castration * Descript ion Certified that I have examined the bull described in the margin * and owned of bull breed by and found to have been effect ively castrated by a method and in a manner Colour, Age approved by me (Live Stock Officer) and is incapable of propagating its kind . Identif ication marks Place, Date, Live Stock Officer FORM II (See rules 6 and 7) Licence to Keep a Bull Shri Shrimati Mr. MRs. Miss. Is hereby granted a licence subject to the provisions of the Andaman and Nicobar Islands live Stock Improvement Regulation, 1955, and the rules made there under for keeping the bull describe below for breeding purposes in the village of tahsil....................................... district for the period from to both days inclusive, subject always to the terms, conditions and restrictions, herein after, mentioned, namely: 1) The licence-holder shall inform the Live Stock Officer of any illness, defect of deformity which is likely to render the bull unsuitable for breeding purposes. 2) The licence-holder shall give the benefit of the services of the bull to the cows of the Village in which the bull is kept in preference to cows of other villages . 3) The licence-holder shall give to the Live Stock Officer all information regarding the services rendered by the bull during the period of the licence. 4) The licence-holder shall give intimation to the Live Stock Officer in the event of death of the licensed bull, or when it is sold or otherwise transferred to another person .. NB-The licence will be revoked if there is a breach of any of the terms or conditions thereafter if it was granted under circumstances of which the Live Stock Officer was not aware at the time of granting the licence. Licence No . Breed . ~e . Colour . . Height. . Marks of Identification . Other particulars" if any .. Place: Date: Live Slock Officer FORM III (See rule 13) Notice of Revocation of Licence) To Residing at . Description of bull Whereas it has come to my notice that your keep the bull described in the Breed margin'" in respect of which a licence was granted to your on and whereas Age I am of opinion. Marks of Identification Station (f) That the bull appears to be NOTE:- The reasons mentioned in section 5(1) (a), or (b) or (c) of the Regulation to be mentioned here. (g) That the licence was granted under circumstances of which the Live Stock Officer was not aware at the time of granting the licence, viz. (here describe the circumstances). or (h) That there has been a breach of the conditions of the licence in as much as (here describe the act resulting in the violation of the condition) . I have under section 5 of the Andaman and Nicobar Islands Live Stock Improvement Regulation, 1955 revoked the licence and I give your notice of the said revocation as re3quired by section 5 (3) of the said Regulation and hereby call upon you to surrender the said licence to me within a week from the date of this notice Dated this day Live Stock Officer. FORM IV (See rule 15) Order under section 7 of the Andaman and Nicobar Tslands, Live Stock Improvement Regulation, 1955 To * Descript ion Whereas it has been made to appear to me that Breed you keep the bull described in the margin * Colour Aye Identification Marks Name NOW, therefore, in exercise of the power conferred by section 7 of the Andaman and Nicobar Islands, Live Stock Improvement Regulation, 1955 I hereby require your to submit it for Inspection by......; .................................................... Deputed by me between the hours of ......... .. ................ .... ....... for the purpose on the . assistance in connection with such inspection to me. The officer deputed Date this Day Live Stock Officer The place where the bull is kept for th e time being or nay other reasonable place should be specified . FORM V (See Rule 15) Order under section 8 (1) of the Andaman and Nicobar Islands, Live Stock Improvement Regulation, 19J~ To *Description Breed Colour Age Identification Name Whereas it has been made to appear to me that your keep the bull described in the margin* which, in my opinion, has attained the prescribed age, namely, and in respect of which no licence is for the time marks being in force under the A&N Islands, Live Stock Improvement Regulation, 1955 Now therefore in exercise of the Powers conferred by sub-section (I) of section 8 of the said Regulation, I hereby require you to have the said bull castrated within one month from Ithe date of the service of this order by the method and in the manner described below: Method: Manner: Your attention is drawn to section 11 of the Andaman and Niocbar Islands, Live Stock Improvement Regulation, 1955, under which a person who neglects or fails to comply with an order served under section 8 is publishable with fine which may extend to fifty rupees and in the case of second or any subsequent offence with fine which may extend to one hundred rupees, Dated this day of Live SLack Officer FORM VI (See rule 16) To Whereas it has been made to appear to me that your keep the bull described in the margin* *Description Breed Colour Age Identification marks Name That your have neglected or failed to submit it for inspection as required in my order under section / of the Andaman and Nicobar Islands, Live Stock Improvement Regulation, 1955. That your have neglected or failed to have it castrated as required in my order under section 8 of the Andaman and Niocbar Islands, Live Stock Improvement Regulation, 1955. Now, therefore, In exercises of the powers conferred by sub-section (I) of sanction 12 of the said Regulation, I hereby direct that the said bull shall be castrated by the method and in the manner described below and marked with the prescribe ed marked in the prescribed manner. Method: Manner: day of Live Stock Officer. Form VII (See rule 15) Direction under section 12 (2) of the Andaman and Niobar Islands, Live stock improvement Regulation 1955. Description of bull name, if any Whereas I am of the opinion that the bull described in the mergin and seized under section 12 (2) of the Andaman and Nicobar Island Live Stock Improvement Regulation, 1955 has attained the prescribed age, namely, and is unsuitable for breeding purposes, on the following ground namely. The bull is of defective or inferior confirmation and consequently likely to beget defective or inferior progeny. or The bull is suffering from an incurable contagious disease or from any other disease rendering it unsuitable for breeding purposes. or The bull is of the breed which it is undesirable to propagate. Now, therefore, in exercise of the powers conferred by Section 12 (2) of the said Regulation, I hereby direct that the said bull Ishall be castrated by the method and in the manner described below and marked with the prescribed mark. Method: Manner: Dated this day of 196 Live Stock Officer Form VIII (See Rule 28 ) Notice of Entry in to Premises To Whereas I have reason to believe that you have kept on your premises/places a bull/ bulls I hereby give you notice that I shall enter your premises place on between For the purpose of inspecting the said bull/bulls; your are hereby warned to from the premises/place until it is/they are inspected by me. Dated this day of 196 By order L. Mewa Lall Asst. Secretary to the Chief Commissioner