West Bengal Livestock Improvement Act, 1954 (No. 34 of 1954)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The West Bengal Livestock Improvement Act, 1954 Act 34 of 1954 Keyword(s): Adult Person, Approved Bull, Artificial Insemination, Bull, Calf, Collector, Dedicated Bull, Director, Livestock Officer, Specified Area, Castration West Bengal Act XXXJY of 1954' THE WEST BENGAL LIVESTOCK IMPROVEMENT ACT, 1954. 129th October, 1954.1 AII Act to provide for flle irr~proverrrerlr of livrsrook ill \Yest Be~rgal. It is hcrcby enacted in h e Fii~h Year orlhc Rcpublic of India, by !he Lcgislarure of West Bengal, as fol1ows: I. (1) This Act may bc called the West Bengal Livestock Shoncillt: and cnrcn~. Improvemenr Act, 1954. (2) 1i zxrcnds [o hc wholc of West Bengal. 2. In this Ad, unless there is anylhing repugnant in [he subject or Dcfinnlions. conlex1, (a) "adult person" means a pcrson of or above the age of eighteen I years; I I (b) "approved bull" means a bull czrlificd as such under section I 8 by he Livcstctk OKicer; (c) "artiricial inseminalion" mcans the mcthod of breeding wl~ereby semen iscollecled from [hc male animal, held under 1 artificial condi~ions outside the animal body and latcr ! introduced inlo rhc- rcmal animals; (d) "bull" means a male bovine animal above h e age of ~ w o years, which has not been effectively caskatcd; (c) "calf' mcans a male bovine animal which is no1 above h e age of iwo ycars; (t) "cas~ralion" means ~nder ing n male animal incapable of propagating its species; (g) "Collecror" means the Collec~or of thc district and includes an Additional Colleclor or a Dcputy Collector to whom [he Collector of he dislrjct may, by a written order, delegate his powcrs under this ACI; 'For Slaternent oiObjccls and Rmons. scc lhe Calcurro Gazette, E.rirut~rdirru~. hted thc 13th Augusr. 1954, PmTVA, page 11 12: T~rprocccdings otthe\Vest BrngalLcgislative Assembly. see the p-ding or thc meeting of lhc Wcsl Bcngal Lcgislaiive Assernbly hctd on the 16th Scprcmkr. 199: and for pmcccdinp or ihe Wur Brngal kgislativc Council, sec rhe proceedings of the meedng or h e WCSI Bcngal Lcgislalit'e Council held on the 281h Scptcn~kr, 1954. Tl~c West Bet~gnl Lirc~lack I/lrpraremenf Acr. 1954. [\Vest Ben. Act (Sectioru 3, 4 ) (h) "dedica~cd bull" means a bull dedicated lo the public in good faith by a pcrson in accordance w i h any religious custom or usage; (i) "Dircctor"meansanofhcerappojnted by IheSlarcGovernment as [he DirecloroiVererinary Scrvicesnnd Animal Husbandry; (j) "Livestock OIficcr" means an oFficer appointed by ihe Statc Government lo perform. thc Cuncijons, and lo excrcisc \he powers, of n Livestock Officer undcr this Acl: (k) "prcscribed" mcans prescribed hy ruIcs made under !his Act; (I) "specified arca" means an arca which has becn declarcd as such by notiIicntion undcr sub-scction ( I ) of secfion 3. h w c r 10 3, ( I ) Where, in rcspcct of any arca within ~ h c State, ~ h c Stale s p c i f y 3m.u ror Governmcn~. of t l i t Act, (a) considers thar i t is desirable to take lncasurcs Tor the in~provcmcnt of livcslock, and (b) is sa~s l icd that thc number of bulls in the arca, which are f i t io be certified as appravcd bulls undcr section 8, is suificienl to maintain the ratc of propagation of h e spccics, whether by nalural breeding or by artilicial insemination or by a combinalion nf both meihods, the State Government may, by norification in [he Oficicrl Carcrre, dcclarc the area lo bc a specified arca for rlic purposes of this Act and thcrcupon the provisions of scctions 4 10 25 (both inclusive) shall come into force in such area. Evcry such nod FicaBon shall be publishcd by affixing at each police stalion, sub-rcgistry officc and union board officc within ~ h c specified area. (2) T h c State Govcrnn~en~ may, by nolificalion in thc OJicial Gmerre, cancel a l any time a noli ficarion under sub-scction ( I ) in rcspct of rhc whole or pa? of any specified m a . (3) Thc validjry of n nolificarion undcr sub-secrion ( I ) or sub-section (2) shall not br: called in qucslion in any proceeding before a court or any orhcr ;luthority. NO p m u n 10 4. NO persol) may bring inlo a specified area from any placc ouuide briny a i~ a buIl othcr than an approved bull. orhcr than an np1)rovcd hull ill n aprcilicd art>. The West Bellgal Livestock Zttl~~r-a~~en~e~rr Act 1954. c, 5. No person may, on thc expiry of three months rro~n ihe d ~ e a l thc rzr:!n lo nodfica~ion undcr sub-seclion (1) of section 3, havc or kecp in his hull inn possession, in ~ h c specified iirca, rclerred to in thc notilicalion, a hul I oll~er ",":zitr lhan an approved bull. ~hnn nn approvcd bull. 6. Evcry person, who on he dateof thc issuc ofthe notification under 10 noliry sub-scc~ioa ( 1 ) of seclion 3,11a5, in the spccificd area rererrcd to in lhc LictrrWk notification, in his posscssion a bull, shall. within one month of [he dart orLccr. of lIie notification, and every pcrson, who on suchdate or subsequent1 y has in his posscssion in such arcn a calf, shall, within onc month of tllc calf aua in in ,~ thc age of two, givc intimation in writing of such posscssion 10 thc Livcs~ock Officcr. 7. 11 thc Livcsrock Officcr rcccivcs from a person i n possession oTa Power of Livcsrock bull inBmalion of such possession, or i i hc has reason to bclicvc [hat any officer lo pcrson in the speciIicd area Itas in his posscssion a bull, hc may, by order ruquirc praduc~ion in writing, rcquire such person ro produce the bull for his inspection on n pf bull dalc, a1 n time and at a placc wi~llin three miles of thc residence of such Insvcrlon. pcrson specified in such order; alld such person shall thereupon produce [he bull for rhc inspcc~ion of the Livcslock Officer on such datc and a\ such time and plaoc, and render thc Livcstock Officer all reasonable assistance in connuction wirh such inspccrion. 8. lf, on inspcc~ion ofabull. 1hcLivestock Orficcr is sausfied that ~ h c 2';;; bull- Officer lo (a) i s not or a breed which i[ is undcsirablc lo propagate in h e ~cfliry bull as approvcd specified area; bull. (b) is capable of bcing used for breeding purposes; (c) is no^ of deFective or inrcrior conforma~ion and not likely to propagate dcrcctivc or inferior progeny; and (d) is rrcc From incurable, infectious, conragious or herirablc discase; the Livestock Officcr shall certify the bull 10 bc nn zlpprovcd bull and causc i i ru bc brandcd with a prescribed mark and havc an idendfying numhcr tulroocd on ils body in the prescribed milnncr. 9. ( 1) If, on inspeclion of a bull, the Livestock OCficcr is satisfied Power ro ~cquirrr unfit ihnt the hull is not fit to bc ccrlificd as an approved bull undcr scclion 8, bull lo (he Liveslock OTficcr shall, by order in writing, direct thc owner or the cxmlcd. person in posscssion of thc bul1 to have it effectively cutrated and to produce i~ for inspcclion nCtcr such caslrauon within a timc specified in the order, provided that such pcriod of Lime shall no1 be less than six weeks. C ~ m ~ i o n or calf or bull Cwe or cli;uge. Brmd~ng 01 ca*,nldd calves or bulls. Dcdicarcd bulls ~u b nppmb'cd bulls. Putvcr of Livcs!wk 0 K c c r rcgnrdirl:! dcdica~ed bulls. Po\vtr of Li\.arock 01ficcr mgilrdinp awacrlcss or abandoned bulls. T!le \Vest Betrgal Livcstock I~~rprove~lrzenl Act, 1954. [West Den. Act (Secriotts 10-11.) (2) Thc owner or [hcpcrson in possession oFa buH, who has been so direcrcd under sub-sedion ( 1 ), shall havc the bull cficcr iveiy castrated and groducc i t befort: rhe Livestock Officcr within thc lime specificd in the order in rvriring. (3) IT rhe owner or the pcrson in posscssion of ~ h c bull faiIs to comply with an ordcr undcc sub-sec~ion ( 1 ), the Livcstock Officer shall have [he power ro scizc rhe bull and ID llavc i t cffeclively tastratcd. 10. Any pcrson in a spccified area who owns a calf or a bull, may produce ir hcforc the Livestock Officer and request him ro havc the animal castrated. On rccciving such a requesr [he Livcslock Officcr shall, unless hc has reason to rhink h a t caslralion will bc injurious lo the healh of ~ h c animal, have it castrated k c of chargc. 11. Whcncvcr the Livcslock Officer has a calf'or a bull casmed in pursuancc of the forcgoing seclions, he shall have thc animal branded in thc prescribed manner. 12. No pctson in a spccified mca, may dcdicaie a bull. other han an approved bull, Lo the public in accordancc with any religious custom or usage or orherwisc. 13. (1) The Livcslock Officer shall have powcrs of seizing and inspecting a dedicalcd bull. if it i s not an approvcd bull. (2) If, on suchinspccrion, hcconsiders thcbull tobc fit Tor certification as an approved bull, he shaIl c e r ~ b and brand thc bull in the prescribed manner and may enlrtlst the bull to thecusrody of any person for care and mainiennnce: Provided h a t where h c Liveslock Officer ccnifies a dedicated bull a~ an approved bull andenwsrs i~ lo [he custody of any pcrson, no fecs may bc charged hy any person for brccding service by such a. bull. (3) If, on inspection ofadedicated bull, theLivcscockOficcr considers thc bull lo bc not f i ~ for ccrlificatiao as an approved bull, he shall havc the bull removed from the specificd area 10 a place or institution outside such area, approvcd or by the Direclor for the carc and mainlcnance of such bulls. 14. ( 1 ) If rhc Liveslock Officer has reason to believc h a t a bull, not being n dedicated bull, has no owner, or has bcen abandoned by its owner. hc shall have the power to seizc and inspcct the bull. (2) (a) If, on inspcclion, hc is satisfied thai !he bull is fir for ccrli ficalion as an approved bull, heshallccaifi and brand Ihc bull and also issue a notice in the prescribed manncr, calling upon thc owner of thc bull, if any. 10 filc a clainl within a spccified period of Bmc which shall not be less than fifteen days. (b) If a claim is filed within (hc specified pcriod and, if on mnking c, such enrtuirics a may be considcrcd necessary, Ihc Lives~ockOfficcr finds rhal [he claim has been subsranriatcd, heshallcausc the bull Lo bc rzrumcd to the claiman1 on the claimanl making paymcnt of such amount no[ exceeding rwcnly rupees, as [he Livestock Officer may direct, on accounl of tlw costs ofthc seizure and maintenance of ~ h c bt~ll and the publicarion of thc notice under clause (a). (c) If no claim is filed, or illhe Livcstock Officcr, a f~cr making such enquiries as may bc considcrcd necessary, rejecrs thc claim. or if lhe claimam Tails ro pay the mounr which Lhe Livcs~ock Officcr has dirccted him to pay undcr clause {b), rhc Liveslock Officer shall direc~ [hnr thc bull be forreiled to govern men^. (3) (a) If, on inspcc~ion, theLivcstock Officer is salisfied [hat rhc bull is not fit to be cerliricd as an approved hull, he shall havc thc bull caslrated and branded in rl~e prcscrj bcd manner andsell it by publicauction and keep rhz salc-procecds in dcposil. (b) Any person claiming lo be the owncr oilhe bull so scizcd and sold, may filc aclaim before Ihe LivestckOfficer wjlhin threemonths from ihc dare or 1 he sale. (c) If, on making such enquiries ss may be considcrcd necessary, thc Livesrock Officer finds chat he claim has been subs~nntiated, he shall dircci the sale-procceds to be paid to the claimant after deduction of an amount, no1 exceeding lilly rupecs, as he may asscss 3s Ihe expcndilurc incurrcd lor 1 he seizure and rnainlznance of the bull, thc publicarion oilhc norice and he holding of rhc auclion undcr clause (a). (d) If no claim is filed wilhin Ihe period of three monlhs from the date olsalc, or if on making such enquiries as may bc considered ncccssary the Livcsrock Ofliccr finds that rhc claim lias not been substan[iated, the Livestock Officcr shall dircct that the sale-proceeds bc rodeired 10 Govei-nmcnl. 15. The Livestock Officer or any orher person aulhorjsed by him in Powcr of willing in [his behalf rnay inspccr any bull in o specified area, in ordcr lo $~~~~~~ asccnain whelher such bull is an approved bull or whclhcr i t has been inspccr casrnrcd and branded or tatrooed in such manner as is required undcr this Act. I:.. . :-: I . :. . - , - 16. The Livcsrock Officer may by order in ~ri l ing require any person Powcr of to allow bulls, cows and c;~lvcs in his possession 10 bc vaccinated or ~~~~~~ inoculared againsr an infeclious or contagious disease cilher by thc rrquirc Livestock OfFIcer himsclr or by any other pcrson authoriscd by him in gf;::~: wri ling in this behalf. lo bc vaccina~cd or inncnln~cd The Wcsr Betrgnl Livestock I t~rprovenw~f A cf, 1954. West Den. Act i . ; ; : PO<VCC of 17. Thc Lives~ock OfLccr or any person authorised by him in writing , , .. - . , . cnr*. under section 15 or seclion 16 may enlcr any prcmiscs, a i m informing nn adult male person rcsidenl or in c11,ugc of such premises, a[ any timc bclwccn sun-risc and sun-set for the purpose of inspecting, branding or ~atlooing or inoculaLing or vaccinaring any bulls, cows or calves. Appcal ;~ rainsr odsr 18. (1) Any person, who i s aggrieved by an ordzr of the Livestock lerusing 10 Olficer refusing lo ceniiy a bull as an approved bull under scction 8 or by c"iryhuull an order of ~heLives[ock Officerunder scction 9dirccling him lo havc thc a nppmvcd bull or bull caslraled. may file an appcal in thc prescribed manner before Ihc diwcling hull bc: Direcmr .wi~hin rhirty days of rllc datc of rhc order. casln~cd. (2) On sucti an appcal being filed beforc thc Dircctor, rhc Dircctor may dirccr thc stay of lllc opcrmion of the ordcr of the Liveslock Officer until rhc disposal of the appeal. (3) Thc Dircctor shall call for a rcport from the Livestock Officer and inay direct a local enquiry lo bc mndc by an officer, other than the officer rrom whose order the appeal is filcd, appointed by him in this bchaIf. (4) l i e Dircclor shall, arrcr 'onsidering [he report of the Livestock Officcr and rhc rcpofl of thc local enquiry, if any, and afier giving the appcl lant an opportuni~y of bcing hcard, eiher allow or reject the appcal and pjss such conscquential ordcrs, if any, as he deems necessary. A l ~ p c ~ l a p i n s ~ 19. ( 1 ) Any person who is aggrieved by an order of the Livestock certain Officer as to [he m a u n ~ to bc paid by him under clause (b) of sub-section ordcrs ullrler acc~ion 1-1. (2) of seclion I 4 or the amount which h e Liveslock Officer has directed to be deduclcd from the sale proceeds of h e bull under clause (c) of sub-sec~ion (3) of seclion 14, or an ordcr under clause (c) of sub-seclion (2) of seclion 14 rcjccting his claim and forfeiting thc bull to Govcmmcnt, may, within thirty days frorn the datc of the ordcr, tile an appeal beForc the Collector in thc prescribed manner. (2) On such an appcal being Lled before the Collector, h e Colleclor may dircct thc stay of he operation of the ordcr of hc Livestock Officer unti l llie disposal of tbc appcal. (3) The ColIector shall call Tor a report from [he Livestock Officer and may dircct n local enquiry 10 be made by an officer appointed by him i n this behall: (4) The Collcclor, aiier considering hc rcpon of the Lives~ock Officer and the rcport of the local enquiry, if any, shall pass orders confirming, vacadng or modifying [he order of h e Livestock Officer. Tlze \Vest Beltgal Livestock I ~ t p r o v e ~ ~ ~ e ~ ~ r A cr, 1954. 487 r, 20. No person shall wilfully obsrruct the Dircc~or, thc Colleclor, 111e O~SI~UC;. U U ~ Y no1 10 Livcslock OTficcr, or any person acling undcr thc direc~ion of rhc Dircctor, rhc Collcclor or the auliloriscd officer or any pcrson authorised by {be Livestock Oriicer under seclion 15 or section I6 in thc pcrlormance of any funelions or duties or i n the exercisc or any powers undcr this Act. 21. No pcrson may, without IawruI aulhorily, brand or lotloo a bovine l'mscribcd n a b no1 lo animalin amanncr or with a markresemblingtheprescribed monncror rhc b, inliralcd, prescribed mark. 22. Whoever conrravcncs any O F the provisions of this Act or of any P m ~ l l ~ . ruIcs framed ~hcreunder shall be punishable wirh finc which may extend to one hundrcd rupees, and in the case of a second or any subsequent offence w i h finc which may exlcnd to five hundred rupccs. 23. NoMagisuare or Court shall rakecognimncc &any offence under No ufrcncr: to bc lhis Act except upon a complaint made in wriling by the Director ar [he ,opnizcd Collcc~or or I he Livestock OIficer. cxccpr on co~nplainr of Dicccror, Cullrclur or Livcs~ock Oficcr. 24. No suit, prosecution or olher procwdings shall lie against a Indc-iry scrvanc of h e Srale Govcrnmcnt for any acl donc in good faith under this Act or the rules ~nadc rhcrcunder. 25. (1) Thc Slale G o v e r ~ l c n l may make rules for carrying out I hc Powerlo purposcs of this Aci. rndc rulcs. (2) Inparlicularand without prejudice lohcgcnerality of the foregoing power, such rules may providc for all or any uf the following maners, name1 y: (a) any thing required lo bc prcscrihed undcr [his Acr; (b) thc manner i n rvllich a writ ten order undcr scction 7, sub scct ion (1) of secrion 9 md section 16 shall be scrvcd on the pcrson concerned; (c) the mnnncr in which notices undcr clause (a) of su b-section (2) of section 14 shall be publishcd; (d) the manner in which animals should bc brandcd or ~ntcooed undcr sec~on 8, sccrion 1 I, sub-section (2) of scction 13, clause (a) of sub-section (2) of scction 14 and clause (a) of sub-seclion (3) of scction 14; and (e) ~ h c manner in which appcals shall beiiIcd bcrore the Direcror or thc Collector, as thc case may be, undcr scclion 18 and sec~ion 19 and [he fees lo be paid for such appcals.