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The Himachal Pradesh Livestock Improvement Act, 1968

Himachal Pradesh · state statute
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THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 
1968 
ARRANGEMENT OF SECTIONS 
Sections : 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power to specify area. 
4. Prohibition to keep a bull unmarked. 
5. Intimation about unmarked 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. 
11. Power of Livestock Officer to inspect or mark b ulls or inspect 
and to enter premises. 
12. Marking to be free of charge. 
13. Service of notice and order. 
14. Maintenance of registers. 
15. Duty of officers to report offences, etc. 
16. Penalty for unauthorised marking. 
17. Penalty for other offences. 
18. Cognizance of offences. 
19. Bar of proceedings. 
20. No suit or other legal proceedings for damage c aused. 
21. Power to make rules. 
22. Repeal and savings. 
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THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 2 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 
1968 
(ACT NO. 16 OF 1968) 1 
(Received the assent of the President on the 8 th  November, 1968 and 
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the 
3rd  January, 1969, pp. 3-8). 
Amended, repealed or otherwise affected by,- 
(i) H.P. Act No. 21 of 1971 
2, assented to by the Governor on the 5 th  
November, 1971, published in the Rajpatra, Himachal  Pradesh 
(Extra-ordinary), dated the 19th  November, 1971, pp. 1446-1447. 
An Act to provide for the improvement of the livest ock in Himachal 
Pradesh. 
B
E 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 f or 
breeding purposes; 
(b) "bull" means an uncastrated male calf above suc h age as the 
Government may, by notification, prescribe for any specified 
area;  
(c) bull is said to be "castrated" if it is rendere d incapable of 
propagating its species; 
(d) "Director” means the Director of Animal Husband ry, 
Himachal Pradesh; 
(e) "Government" means the Government of Himachal P radesh ; 
(f) a person is said to "keep a bull" if he owns th e bull or has the 
bull in his possession or custody for the time being; 
(g) "Livestock Officer" means the Director and incl udes any 
other officer authorised by him with the previous a pproval of 
                                                 
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh 
(Extra-ordinary), dated 21 st  August, 1968, p. 876. 
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh 
(Extra-ordinary), dated 14 th  September, 1971, p. 1196. 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 3 
the Government to exercise all or any of the powers  of a 
Livestock Officer under this Act; 
(h) "notification" means a notification published u nder proper 
authority in Rajpatra, Himachal Pradesh; and 
(i) "prescribed"  means prescribed by rules made un der this Act. 
3. Power to specify area.- (1) The Government may, by notification, 
declare any part of Himachal Pradesh to be specifie d area for the purposes of 
this Act, and thereupon the provisions of sections 4 to 21 shall come into 
operation in such area. 
(2) No such notification shall be issued unless the  Government is 
satisfied that the number of bulls 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. 
(3) The Government may, after recording reasons for doing so, cancel 
at any time a notification issued under sub-section (1). 
(4) The validity of any notification issued under sub-section (1) or (3) 
shall not be called into question 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 h as not been marked in 
accordance with the provisions of this Act. 
5. Intimation about unmarked bulls.-  Every person who, on 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 distinguishing mark prescribed under  this Act, shall give 
intimation of such possession to the Livestock Offi cer 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 bu ll 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 an d render all reasonable 
assistance in connection with such inspection. 
7. Certification of bulls as approved.-  Where, on such inspection of 
a bull, the Livestock Officer is satisfied that the  bull is of 1[an approved 
variety] as specified from time to time by the Gove rnment for the area and is 
capable of being used for breeding purposes and- 
(a) is not of defective or inferior conformation an d is not likely  to 
get defective or inferior progeny, or 
                                                 
1. Substituted for the words “a variety” by H.P. Ac t No. 21 of 1971. 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 4 
(b) is not suffering from any incurable, contagious  or infectious 
disease or from any other disease rendering the bul l unsuitable 
for breeding purposes, 1[XX]  
2[(c)XXXXXXXXXXXXXXX] 
he shall certify the bull as approved and cause it to be branded with a mark 
prescribed for the purpose. 
8. Marking of castrated bulls.- When, on inspection the Livestock 
Officers satisfied that a bull is effectively castr ated, he shall cause it to be 
branded with a mark prescribed for the purpose. 
9. Castration of unapproved bulls.- (1) If, after inspection the 
Livestock Officer is satisfied that a bull is unsui table for breeding purposes in 
a specified area and is not already effectively cas trated, he shall cause it to be 
effectively castrated or specify, by order a period during which such castration 
shall be effected. 
(2) Such castration shall be performed or caused to  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 not castrated within the time allowed by th e Livestock Officer, then 
without prejudice to any action that may be taken u nder 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. Castration 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 un der 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. 
11. Power of Livestock Officer to inspect or mark b ulls or inspect 
and to enter premises.- (1) For the purposes of this Act, a Livestock Offic er 
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; 
                                                 
1. The word “or” omitted vide H.P. Act No. 21 of 19 71. 
2. Clouse (c) omitted vide H.P Act No. 21 of 1971. 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 5 
(c) subject to such conditions and restrictions, if  any, as may be 
prescribed, to enter any premises or other places w here he has 
reason to believe that a bull is kept. 
(2) If the Livestock Officer, on inspection of an a pproved 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 this Act by a Liv estock 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 provisio ns 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 giv en to, or served on, the 
owner or keeper of a bull primarily liable to compl y with notice or order, and 
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 a ny seizure or inspection 
under section 10 shall be deemed to have been done after compliance with the 
notice aforesaid. 
14. Maintenance of registers.- The Livestock Officer shall maintain 
in the prescribed form a register giving particular s of inspections, names of 
owners or keepers of bulls, castrations and marking s made, and bulls 
approved under this Act, and such 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 special order, of the Anim al Husbandry, 
Agriculture, Co-operative and Revenue Departments- 
(a) to give immediate information to the nearest Li vestock 
Officer of the commission of any offence or of the intention 
or preparation to commit any offence punishable und er this 
Act which may come 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 about or likely to be co mmitted ; 
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 resembli ng such prescribed mark, 
he shall be liable to imprisonment which may extend  to three months or with 
fine which may extend to five hundred rupees, or both. 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 6 
17. Penalty for other offences.- Whoever- 
(a) keeps a bull in contravention of this Act or an y rule or order 
made thereunder ; or 
(b) neglects or fails to produce a bull for inspect ion when 
required to do so under section 6 or section 11; or 
(c) neglects or fails to comply with an order serve d under 
section 9, 
shall be punishable with fine which may extend to t wenty rupees and in the 
case of second or any subsequent offence, with fine which may extend to fifty 
rupees. 
18. Cognizance of offences.- No magistrate or court shall take 
cognizance of any offence under this Act except upo n a complaint made by a 
Livestock Officer or any person authorised by him in this behalf. 
19. Bar of proceedings.- No suit, prosecution or other proceedings 
shall lie against an officer or servant of the Gove rnment for any act done or 
purporting to be done under this Act without the pe rvious sanction of the 
Government. 
20. No suit or other legal proceedings for damage c aused.- No suit 
or other legal proceedings shall lie against the Go vernment or against any of 
its officers for any damage caused or likely to be caused by anything in good 
faith done or intended to be done under or in pursuance of this Act. 
21. Power to make rules.- (1) The Government may, by notification, 
make rules to carry out the purposes of this Act. 
(2) In particular and without prejudice to the gene rality of the 
foregoing provision, such rules may provide for- 
(a) all matters required to be prescribed under thi s Act; 
(b) the powers and duties to be exercised and perfo rmed 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 bree ding in any 
specified area. 
(3) All rules shall be subject to previous publication. 
(4) In making any rule, the Government may direct t hat 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 
after it is made, before the Legislative Assembly w hile it is in session, for 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 aforesaid the Legislative A ssembly makes any 
modification in the rule or decides that the rule s hould not be made, the rule 
shall, thereafter, have effect only in such modifie d form or be of no effect, as 
the case may be, so, however, that any such modific ation or annulment shall 
THE HIMACHAL PRADESH LIVESTOCK IMPROVEMENT ACT, 1968 7 
be without prejudice to the validity of anything pr eviously done under that 
rule. 
22. Repeal and savings.- The Himachal Pradesh Livestock 
Improvement Act, 1954 (3 of 1955) as in force in th e area comprised in 
Himachal Pradesh prior to 1 st  November, 1966 and the Punjab Livestock 
Improvement Act, 1953 (47 of 1953) as in force in t he 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 proc eedings 
commenced or continued under any of the said Acts s hall be deemed to have 
been done, taken, commenced or continued under the corresponding provision 
of this Act. 
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