The JAMMU AND KASHMIR BOVINE BREEDING (REGULATION OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL INSEMINATION SERVICES) ACT, 2018

BOVINE BREEDING (REGULATION
OF PRODUCTION, SALE OF BOVINE
SEMEN AND ARTIFICIAL
INSEMINATION SERVICES) ACT, 2018
(Governor Act No. LI of 2018)
BOVINE BREEDING ACT, 2018  235
CHAPTER I
Preliminary
1. Short title and commencement .
2. Definitions.
CHAPTER II
Appointment and Functions of Authority
3. Bovine Breeding Authority.
4. Duties of Authority.
5. Head Quarter of the Authority.
6. Meetings of the Authority.
7. Functions of the Authority.
8. Experts and other persons of the Authority.
9. Jurisdiction and Powers of the Authority.
CHAPTER III
Registration of Semen Stations and Semen Banks and Certification of Bulls
and Trained AI Workers
10. Registration of Semen Stations.
11. Registration of Semen Banks.
12. Certification of Bulls.
13. Certification/Registration of Trained Private AI workers.
THE JAMMU AND KASHMIR BOVINE BREEDING (REGULATION
OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL
INSEMINATION SERVICES) ACT, 2018
(Governor Act No. LI of 2018)
CONTENTS
Section.
236 BOVINE BREEDING ACT, 2018
Section.
14. Regulation of sale of Semen.
15. Issue of duplicate Registration Certificate.
16. Revocation of Certificate of Registration.
17. Appeal.
CHAPTER IV
18. Power to Inspect Search and Seizure.
19. Maintenance and Submission of Records.
20. Power to give direction.
21. Power to make application to Court for restraining bovine breeding activities
in contraven-tion of the Act.
22. Penalties.
23. Cognizance of Offences.
24. Prosecution Sanction.
25. Offence to be Cognizable.
CHAPTER V
Miscellaneous
26. Report of Recognized Laboratory.
27. Local Authorities to assist.
28. Reports.
29. Experts, officers and officials of the Authority to be public servants.
30. Bar on Jurisdiction.
31. Protection of action taken in good faith.
32. Power of Government to make rules.
33. Power to remove difficulties.
34. Funds of the Authority.
BOVINE BREEDING ACT, 2018  237
THE JAMMU AND KASHMIR BOVINE BREEDING (REGULATION
OF PRODUCTION, SALE OF BOVINE SEMEN AND ARTIFICIAL
INSEMINATION SERVICES) ACT, 2018
(Governor Act No. LI of 2018)
[Received the assent of the Governor on 16th December, 2018 and
published in the Government Gazette dated 16th December, 2018].
Enacted by the Governor in the Sixty-ninth Year of the Republic of India.
An Act to regulate bovine breeding activities including use of bovine
breeding bulls for production of bovine semen, production, processing, storage,
sale and distribution of bovine semen, and artificial insemination services in
bovines for improving the productivity of bovines in the *State of and for
matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation No.P-1/18 of 2018
dated 20th of June, 2018, the Governor is pleased to enact as follows:––
CHAPTER I
Preliminary
1. Short title and commencement. ––(1) This Act may be called the
Jammu and Kashmir Bovine Breeding (Regulation of Production, Sale of
Bovine Semen and Artificial Insemination Services) Act, 2018.
(2) It shall come into force on such date as may be specified by the
Government, by notification in the **Government Gazette.
2. Definitions.–– In this Act, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Bovine Breeding (Regulation
of Production, Sale of Bovine Semen and Artificial Insemination
Services) Act, 2018 ;
(b) “AI Technician” means a person who possesses requisite
qualification, skill and experience, as prescribed by the Authority,
to perform artificial insemination in bovines ;
* Now Union territory of Jammu and Kashmir.
** Now Official Gazette.
238 BOVINE BREEDING ACT, 2018
(c) “Artificial Insemination” or “AI” means the process of depositing
bovine semen in the body of the uterus of a mature bovine female
with the intention of making it pregnant ;
(d) “Artificial Insemination  Service  Provider” means Livestock
Development Boards who undertakes artificial insemination service
in bovines ;
(e) “Authority” means the Bovine Breeding Authority constituted under
section 3 of the Act ;
(f) “Bovine Breeding” means breeding activities in bovines that include
the use of bovine bulls for natural service, production, processing,
storage and distribution of bovine semen,  providing AI services to
bovines and use of Embryo transfer technology for breeding of
bovines ;
(g) “Bovine” means and  include  cow,  bull,  bullock  and  buffalo,
(male or female) ;
(h) “Bull Keeper” means any Government/private agency or person
who has been provided a breeding bull by the  Livestock
Development Board for Bovine breeding in the area concerned ;
(i) “Livestock Breeding Policy” means a policy  duly notified by the
Government, for maintaining and developing different livestock
breeds especially bovine breeds in different agro-climatic zones
of the *State and a mechanism for enforcement of these policies in
the *State ;
(j) “Livestock Development Board” means Livestock Development
Board Kashmir and Livestock Development Board Jammu
constituted by the Government from time to time :
Provided that any Board already constituted/established by the
Government shall be deemed to be a Livestock Development Board
constituted under the provisions of the Act ;
(k) “Certified Bull” means a bovine bull meeting the prescribed
standard for semen production and is included as certified bull, in
the Certificate of Registration of a Semen Station or any Bovine
* Now Union territory of Jammu and Kashmir.
BOVINE BREEDING ACT, 2018  239
Bull certified to be of prescribed standard for semen production
by the Authority, from time to time ;
(l) “Chairperson” means the Chairperson of the Authority ;
(m) “Embryo” means a structure developed as a result of fusion of
bovine male and female gametes ;
(n) “Expert” means an expert who fulfils the requirements, as may be
specified by the Authority ;
(o) “Government” means Government of Jammu and  Kashmir ;
(p) “State Implementing Agency” means Jammu and Kashmir State
Implementing Agency constituted/established by the Government
under the provisions of the Act :
Provided that any State Implementing Agency already
constituted/established by the Government shall be deemed to be
State Implementing Agency constituted under the provisions of the
Act ;
(q) “Misbranded Semen” means a semen whose DNA profile does not
match with DNA profile of the bull, mentioned in the record of
Semen Bank or Semen Straw ;
(r) “pedigree” means genealogical information showing the ancestral
line of the bull/dam ;
(s) “Premises” means any land, premises, yard, building, or vessel or
vehicle or any other location that is used for bovine semen
production and/or for providing bovine AI service ;
(t) “Prescribed Standards” means the standards prescribed by the
Authority, from time to time and to be adhered to by those seeking
a certification of registration ;
(u) “Recognized Laboratory” means the Northern Regional Disease
Diagnostic Laboratory, Jalandhar or any other National level
laboratory, duly authorized by the Authority ;
(v) “Registrar” means the Registrar of the Authority ;
240 BOVINE BREEDING ACT, 2018
(w) “Registered Veterinary Practitioner” means a graduate in veterinary
science registered under the Jammu and Kashmir State Veterinary
Council Act, 2003 ;
(x) “Semen” means the semen/sexed semen of cow bull or buffalo bull
in any form ;
(y) “Semen Bank” means a premises, where a facility is setup for
storage and distribution of bovine semen and/or liquid nitrogen ;
(z) “Semen dose” means processed/diluted bovine semen packed in a
French mini (0.25 ml capacity) or French medium (0.5 ml capacity)
properly sealed, plugged and printed straw ;
(aa) “Semen Station” means a premises, where a facility is setup for
production, processing and storage of bovine semen ;
(bb) “services” means any of the bovine breeding services, as may be
specified by the Government ;
(cc) “Quarantine station” means the premises where breeding bulls are
kept for a minimum period as per the SOP before introduction in
semen station or main premises of breeding bull rearing station ;
and
(dd) “Veterinarian” means a registered veterinary practitioner as defined
in the Indian Veterinary Council Act, 1984 (Central Act No. 52 of
1984) and the Jammu and Kashmir  State Veterinary Council Act,
2003.
CHAPTER II
Appointment and Functions of Authority
3. Bovine Breeding Authority. ––(1) The Government  may by notification
constitute and appoint an Authority to be known as the Bovine Breeding
Authority to exercise the powers conferred on and perform the functions
assigned to it under the Act.
(2) The Authority shall consist of the following members :––
(a) Chairman, Jammu and Kashmir State
Implementing Agency Chairperson
BOVINE BREEDING ACT, 2018  241
(b) Member Secretary Jammu and  Kashmir
State Implementing Agency Registrar
(c) Director Animal Husbandry Department
Kashmir/Jammu Member
(d) Joint Commissioner, Animal Husbandry,
Department of Animal Husbandry, Dairying,
and Fisheries, Ministry of Agriculture and
Farmer’s Welfare, Government of India Member
(e) Dean FVSc & AH SKUAST-K Member
(f) Dean FVSc & AH SKUAST-J Member
(g) Chief Executive Officer Livestock Development
Board Kashmir/Jammu Member
(h) Eminent Animal Breeding Scientist to be
nominated by the Government Member
(i) Eminent veterinarian to be nominated
by the Government Member.
(3) The affairs of the Authority shall be managed and administered by
the Registrar.
(4) The Authority shall draw-up a consultative panel of experts consisting
of not more than nine members. Out of the panel of experts, the Authority
shall form Committee(s) of not more than three members which shall perform
such functions, as may be required by the Authority. The members of such
Committee(s) shall be entitled for such honorarium, travelling allowance and
daily allowance, as may be prescribed.
(5) The nominated members of the Authority, shall hold office for a term
of three years from the date of their nomination and shall be eligible for re-
appointment of further period of three years.
4. Duties of Authority.–– The Authority shall advise the Government  on
all matters related to fixing prescribed standards and evaluation procedures
for breeding bulls, semen stations, storage and distribution of bovine semen
and artificial insemination services and prescribing training curriculum,
242 BOVINE BREEDING ACT, 2018
qualification and experience of AI technicians and recognition of the training
institutes.
5. Head Quarter of the Authority.–– The headquarter of the Authority
shall be at the office of the Chairman, Jammu and  Kashmir State Implementing
Agency/Administrative Secretary Animal, Sheep Husbandry and Fisheries
Department.
6. Meetings of the Authority. ––(1)The Authority shall meet at such time
and place as the Registrar may determine in consultation with the Chairperson
and shall observe such procedure with regard to the transaction of its business
at such meetings, as may be prescribed.
(2) The quorum necessary for the transaction of business at a meeting
shall be six members.
7. Functions of the Authority.–– The Authority shall be responsible :––
(a) to implement Breeding Policy and services in the *State ;
(b) to regulate the storage, sale and use of semen or embryos produced
within or outside the *State or imported from any other country ;
(c) to certify bovine bulls, which meet the standards, as may be
prescribed by the  Authority ;
(d) to register semen stations in the *State as per the provisions laid
down in Chapter III of the Act ;
(e) to register semen banks in the *State ;
(f) to register and certify the trained Private AI technician other than
veterinarian and existing Para-vets (trained in Stock Assistant
Training Institutes of State of Animal Husbandry Department,
Jammu and Kashmir) for operating bovine breeding activities in
the *State through appropriate Standard Operative Procedures
prescribed by the Authority ;
(g) to register and certify the bull keepers, using bulls for bovine
breeding activities by way of natural mating  in the *State through
appropriate Standard Operative Procedures to be laid down by the
Authority ; and
* Now Union territory of Jammu and Kashmir.
BOVINE BREEDING ACT, 2018  243
(h) to perform such other functions concerning bovine breeding, as
may be prescribed.
8. Experts and other persons of the Authority.–– The Authority shall
discharge its duties through the staff of Animal Husbandry Department, Jammu/
Kashmir. It may also outsource or get on deputation such number of officers
and experts with veterinary qualifications and experience, as may be prescribed,
as it may consider necessary for the efficient discharge of its functions.
9. Jurisdiction and Powers of the Authority. ––(1) Subject to the
provisions of the Act and the rules made thereunder, the Authority shall have
jurisdiction all over the *[State of Jammu and Kashmir] in respect of bovine
breeding activities.
(2) For the discharge of the functions conferred on the Authority under
the Act, the Authority or any officer empowered by it in this behalf, shall have
the power to obtain any required information from any semen station, semen
bank or related person engaged in bovine breeding activities.
(3) The Authority shall have the power to give directions requiring any
person in-charge of any premises, where any activity relating to bovine breeding
is carried out or who in its opinion is contravening any of the provisions of the
Act or the rules made thereunder, to furnish such information and in such form,
as may be specified by it.
CHAPTER III
Registration of Semen Stations and Semen Banks and
Certification of Bulls and Trained AI Workers
10. Registration of Semen Stations. ––(1) On and from the date of
commencement of the Act, no person (including any Firm, Limited Liability
Partnership (LLP), Company, Producer Company, Institution, NGO, Breeders’
Association, Trust, Department of the **[State Government], Co-operative Society
or any other agency), shall establish and operate a semen station for production
and storage of semen doses for artificial insemination or production and transfer
of embryos without obtaining a certificate of registration from the Authority.
(2) Any person who desires to establish and operate a new semen station,
shall make an application for registration or renewal in such form alongwith
such fee, as may be prescribed.
* Now Union territory of Jammu and Kashmir.
** Now Union territory Government.
244 BOVINE BREEDING ACT, 2018
(3) The existing semen stations shall apply to the Authority for grant of
certificate of registration in such form alongwith such fee, as may be prescribed,
within three months from the date of commencement of the Act. They shall
also declare the current stock of semen alongwith such other details as may be
required in the form.
(4) Applicants intending to set-up a new semen station or the existing
semen stations, who have submitted an application form alongwith prescribed
fee to the Authority, shall be issued a provisional certificate of registration to
meet the conditions specified in sub-section (6) of this section. The provisional
certificate of registration shall be valid for a period of twelve months and
shall be extended for a further period of six months on the request of the
applicant, in writing. The Authority shall reply within one month about the
status of extension.
(5) For the grant of certificate of registration for a new semen station or
the existing semen station, the applicant shall make a written request to the
Authority for inspection within the above twelve months or the extended period
of six months, whichever applicable. The Authority shall thereupon, send a
Committee of experts from the consultative panel for such inspection.
(6) The Authority, after satisfying itself that,––
(i) the semen station––
(a) has premises for the quarantine of bovine bulls, as may be
prescribed by the Authority ;
(b) has premises for the rearing and housing of bulls and the
collection, processing, quality control, storage, distribution
and quarantine of semen doses as may be prescribed by the
Authority ; and
(c) has premises for the storage of semen doses as may be
prescribed by the Authority ;
(ii) every bull, used in the semen station for production of semen doses––
(a) has tested negative to the tests as may be prescribed by the
Authority,––
(A) prior to its entry to a quarantine station ;
BOVINE BREEDING ACT, 2018  245
(B) during quarantine period at a quarantine station ;
(C) during rearing at a rearing station ; and
(D) at the semen station ;
(b) conforms to breed characteristics of the permitted breeds only
as may be specified in the breeding policy and meets the
minimum standards for various traits in terms of quantity and
quality as may be specified by the Authority or the
Government from time to time ;
(iii) the semen station maintains accurate details of the bull, whose
semen doses it would like to produce, store, sell, distribute or
proposes to distribute for Artificial Insemination in a format, as
may be prescribed;
shall grant the certificate of registration to a new semen station or the existing
semen station clearly specifying the name and address of the semen station,
registration number of the semen station, unique Identification No. of certified
bulls to be used for semen production, name of the incharge of the semen
station and such terms and conditions, as it may deem fit.
(7) The certificate of registration granted to semen station shall be valid
for a period of two years from the date of its issue.
(8) The semen station shall, in such form alongwith such fee, as may be
prescribed, apply for renewal of registration to the Authority at least three months
prior to the expiry of the certificate of registration. The Authority after satisfying
itself that the conditions specified in sub-section  (6) with regard to certificate
of registration have been adhered to, shall renew the registration for a further
period of two years, within three months from the date of receipt of application.
If the renewal certificate is not issued within three months, approval shall be
deemed to have been accorded, unless communicated otherwise.
(9) Any new bovine bull that meets the standards for semen production
shall not be inducted in the semen station for semen production without the
prior approval and necessary certification from the Authority. Death/culling
of certified bull shall be informed to the Authority.
(10) The Authority may, after giving the applicant an opportunity of being
heard and for reasons to be recorded in writing, refuse to grant or renew the
certificate of registration.
246 BOVINE BREEDING ACT, 2018
(11) The Authority shall send a Committee of experts to inspect a semen
station as and when desired, but at least once in a year, to ensure compliance
of the conditions specified in the certificate of registration.
11. Registration of Semen Banks. ––(1) On and from the date of
commencement of the Act, no person (including any Firm, Limited Liability
Partnership, Company, Producer Company, Institution, NGO, Breeders’
Association, Trust, Department of the State Government, Co-operative Society
or any other agency), shall establish and operate a semen bank without obtaining
a certificate of registration from the Authority.
(2) The certificate of registration referred to in sub-section (1) shall be
issued in such manner and subject to such conditions, as may be prescribed.
12. Certification of Bulls. ––(1)  On and from the date of commencement
of the Act, no new semen station shall use bull for semen production and no
agency government or private shall use bull for natural mating other than those
certified by the Authority.
(2) The bulls shall be certified by the Authority in such manner and subject
to such conditions, as may be specified by the Government.
(3) The Authority shall generate a unique Identification No. for each
certified bull and it shall be mandatory for the semen stations to tag this unique
Identification No. securely and permanently to the certified bulls at all times.
(4) The bulls of different breeds used for semen production or natural
mating shall be selected for induction as per the prescribed guidelines issued
by Authority or Government.
(5) The AI bulls or natural service bulls shall be procured from certified
bull production programmes approved by the Government.
(6) The testing of the AI bulls/natural service bulls shall be carried out
by Semen Station/Government or private agency as per the prescribed
guidelines on yearly basis by the team of experts selected by the Authority for
the purpose.
13. Certification/ Registration of Trained Private AI workers. ––(1)The
trained AI Technician shall be certified/registered by the Authority in such
manner and subject to such conditions, as may be specified by the Government.
BOVINE BREEDING ACT, 2018  247
(2) On and from the date of commencement of the Act, no person shall
act as AI technician and provide his services for any agency unless he:––
(a) possesses requisite qualification and experience as prescribed by
the Authority ;
(b) has undergone the prescribed training from any recognised Training
Institutes ; and
(c) has registered himself with the Authority or Government.
(3) On an application by Private AI technician as per the prescribed format
by the Government along with the supporting documents of his qualification
& experience, the Authority or the Government provider shall register with
them, the AI technicians who possess requisite qualification and experience
as prescribed by the Authority and have undergone the prescribed training
from any recognised AI Training Institute, and shall issue a certificate of
registration on payment of fee and as per the format prescribed by the
Government.
(4) The existing private AI technicians, within one year from the date of
commencement of the Act, shall undertake the required training from the
recognised training institute if not trained. The AI technician, after giving an
undertaking-cum-affidavit as per the requirements of the Authority, shall be
allowed to register himself as provided under sub-section (2).
(5) The AI technicians shall perform Artificial Insemination as per the
procedure and guidelines issued by the Authority and also as per the provisions
of the State Breeding Policy and shall provide necessary information in the
prescribed format to the nearest Government Veterinary centre manned by a
Veterinarian, failing which their registration shall be suspended till the
necessary rectifications are carried out.
(6) The registered A.I technician shall abide by the rules framed by the
Authority from time to time failing which his registration shall be suspended
with enforcement of penalties.
(7) The registered A.I technician has to renew his registration after every
year and complete all formalities for renewal including payment of renewal
fee as prescribed by the Authority.
248 BOVINE BREEDING ACT, 2018
14. Regulation of sale of Semen. ––(1) None shall sell or distribute or
gift or transfer the semen/embryo to any person other than a person, as may be
authorized by the Authority.
(2) No semen/embryo produced outside the State shall be allowed into
the State to be sold, distributed or gifted for Artificial Insemination/transfer,
except with the prior approval of the Authority to be granted in such manner
and subject to such conditions, as may be prescribed.
(3) No semen/embryo shall be imported for Artificial Insemination/
transfer in to the State from any other country, except with the prior approval
of the Authority to be granted in such manner and subject to such conditions,
as may be prescribed
15. Issue of duplicate Registration Certificate.–– In case a certificate of
registration or a certificate of renewal issued under the Act is defaced, lost or
destroyed, the Authority, may, upon satisfaction, grant a duplicate certificate
to the applicant on payment of such fee, as may be prescribed.
16. Revocation of Certificate of Registration.–– If the Authority is
satisfied, either on a reference made to it in this behalf or on the basis of
inquiry report of a Committee of experts constituted by the Authority or
otherwise that:––
(a) the certificate of registration granted by it under the Act to a Semen
station/Semen Bank/A.I Technician has been obtained by
misrepresentation or fraud ; or
(b) the holder of the certificate of registration has, without reasonable
cause, failed to comply with the terms and conditions subject to
which the certificate has been granted or has contravened any of
the provisions of the Act or has not complied with such conditions,
as may be prescribed;
then, without prejudice to any other proceedings to which the holder of the
certificate may be liable under the Act, the Authority, may, after giving the
holder of the certificate of registration an opportunity to show cause––
(i) where under the Act, any conditions have been imposed on any
person, while granting the certificate of registration or renewal
thereof, or under section 10 and  12, and such person has failed to
comply with such conditions, the Authority, after giving such person
and opportunity of being heard, revoke the certificate of registration
BOVINE BREEDING ACT, 2018  249
or renewal thereof and shall take such steps against such person,
as may be prescribed ; or
(ii) suspend the certificate of registration or renewal till the holder of
the certificate complies with all the required conditions to the
satisfaction of the Authority ; or
(iii) take an undertaking from the holder of the certificate of registration,
to comply with the provisions of the Act.
17. Appeal. ––(1)Any person aggrieved by an order of the Authority
refusing to grant or renew a certificate of registration or revoking or suspending
the certificate of registration under the provisions of the Act, may file an appeal
before the Tribunal established under the Jammu and Kashmir Special Tribunal
Act, 1988 (Act No. 19 of 1988).
(2) The Tribunal, after giving a reasonable opportunity of being heard to
the applicant, shall decide the appeal, as expeditiously as possible, but within
three months.
CHAPTER IV
18. Power to Inspect Search & Seizure. ––(1)The Authority or members
of the Committee of experts authorised by it in this behalf, with a view to
ensure compliance with the terms and conditions of the certificate of registration
or any provisions of the Act, or for the purpose of inspection and inquiry,
may,––
(a) enter, inspect and cause or conduct search of any premises in which
it has reason to believe that any activity in contravention of the
provisions of the Act is going on or there is any contravention of
any of the provisions of the Act or rules made there under or the
holder of certificate is doing activities in violation of the terms
and conditions specified in the certificate of registration issued
under the Act ;
(b) collect samples of semen, blood or any other material used in semen
production/ bovine breeding from the premises/custody of any
semen station/Semen bank/AI service provider/AI technician and
have such samples analyzed from a recognized laboratory. All the
stock of the semen which is from uncertified bull/ below minimum
standard as specified by the Government shall be destroyed
immediately, semen processing equipment shall be sealed and
250 BOVINE BREEDING ACT, 2018
registration of such semen station, AI service Provider and AI
technician shall be cancelled.
(2) The provisions of the *[Jammu and Kashmir Code of Criminal
Procedure, Svt. 1989 (1933 A.D.)] relating to search and seizure shall, as far
as may be, apply to searches and seal/seizures under sub-section (i).
19. Maintenance and Submission of Records. ––(1) Every person who
holds a certificate of registration under the Act shall maintain such books,
accounts and records relating to his business transactions in such form, as may
be specified by the Authority in this behalf.
(2) Every person who holds a certificate of registration for a Semen
station/semen bank shall submit to the Authority, an annual report, in duplicate,
in respect of the Semen Station/Semen Bank in such form, as may be prescribed
and with respect to new bulls proposed for certification whose semen is to be
put on use in such form, as may be prescribed.
20. Power to give direction.–– Notwithstanding anything contained in
any other law, but subject to the provisions of the Act, and to any directions
that the Government may give in this behalf, the Authority, may in exercise of
its powers and performance of its functions under the Act, issue any directions
in writing to any person, officer, or authority, which  shall include the power
to direct,––
(i) the closure, prohibition or regulation of any operation, process or
activity related to bovine breeding ; or
(ii) the stoppage or regulation of supply of electricity, water or any
other service.
21. Power to make application to Court for restraining bovine breeding
activities in contravention of the Act. ––(1) Where it is apprehended by the
Authority, that any person, firm, company or Non-Governmental Organization
is engaged in the bovine breeding services or trading and supply of semen/
embryo/providing breeding services in contravention of the provisions of the
Act or rules made there under, the Authority or any officer authorized by it,
may file a complaint in the Court of Judicial Magistrate First Class for
restraining the said person from carrying out the said activity.
* Now Code of Criminal Procedure, 1973.
BOVINE BREEDING ACT, 2018  251
(2) On receipt of an application under sub-section (1), the Court may
pass an order restraining any such person, to carry out the said activity or give
such directions or pass such order as it may deem fit.
22. Penalties. ––(1) Any person who contravenes or violates any provision
of the Act or rules made thereunder, shall be punished with a fine up to one
lakh rupees or with rigorous imprisonment upto one year, or both.
(2) The fine so imposed, may be recovered from the person concerned,
as arrears of land revenue.
23. Cognizance of Offences. ––(1) No court shall take cognizance of
any offence under the Act, except on a complaint made by the Authority or any
officer authorized by it in this behalf.
(2) No Court inferior to that of a Judicial Magistrate of the First Class
shall try any offence punishable under the Act.
24. Prosecution Sanction.–– No prosecution for offences punishable
under the Act shall be instituted, except with the prior sanction of an officer
authorized in this behalf by the Authority, by notification.
25. Offence to be Cognizable.–– The Production, possession, distribution,
sale, transfer in any form, import-export or use of unauthorized semen or
misbranded or sub-standard semen shall be a cognizable offence under the
Act.
CHAPTER V
Miscellaneous
26. Report of Recognized Laboratory.–– Any document purporting to be
a report duly issued by a recognized laboratory may be used as evidence of the
facts stated therein in any proceedings under the Act.
27. Local Authorities to assist.–– All local authorities shall render such
help and assistance and furnish such information to the Authority, as it may
require for discharge of its functions and shall make available for inspection
and examination such records or documents, as may be necessary.
28. Reports.–– The Authority shall furnish to the Government such
reports, statistics, and other information with respect to its funds, activities or
policies as required by the Government, from time to time.
252 BOVINE BREEDING ACT, 2018
29. Experts, officers and officials of the Authority to be public servants.––
All experts, officers and officials of the Authority, when acting or purporting
to act in pursuance of any of the provisions of the Act and the rules made
thereunder shall be deemed to be public servants within the meaning of section
21 of the *[Ranbir Penal Code, Samvat 1989].
30. Bar on Jurisdiction.–– No civil court shall have any jurisdiction in
any matter, in respect of which the Government or any other person or Authority
is empowered by the Act to take cognizance, and dispose it of, and the manner
in which the Government or such person or authority may exercise any power,
vested in it or him by or under the Act.
31. Protection of action taken in good faith.–– No suit or other legal
proceedings shall lie against any member, officer or officials, of the Authority
in respect of anything which is in good faith and public interest, done or
intended to be done in pursuance of the Act or the rules made thereunder.
32. Power of Government to make rules. ––(1) The Government may, by
notification in the **[Government Gazette], make rules for carrying out the
purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, the Government may make such rules, as may provide for any other
matter which has to be or may be prescribed.
(3) Every rule made under the Act shall be laid, as soon as may be, after
it is made, before ***[the House of the State Legislature], while it is in session,
for a total period of fifteen 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 successive sessions as aforesaid, ***[the House]
agrees in making any modification in the rules, or the House agrees, that the
rules should not be made, the rules shall thereafter have effect only in such
modified form or be of no effect, as the case may be. However, any such
modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
33. Power to remove difficulties. ––(l) If any difficulty arises in giving
effect to the provisions of the Act, the Government may, by an order published
in the **[Government Gazette], make such provisions not inconsistent with
* Now Indian Penal Code, 1860 (45 of 1860).
** Now Official Gazette.
***Now the Legislative Assembly of the Union territory of Jammu and Kashmir.
BOVINE BREEDING ACT, 2018  253
the provisions of the Act  as may appear to be necessary for removing the
difficulty.
(2) The Government may issue such guidelines to the Authority as it
deems fit for the purpose of implementation of the provisions of the Act.
34. Funds of the Authority.–– The funds of the Authority shall be the
budgetary allocation of the Department of Animal Husbandry, Jammu/ Kashmir,
Livestock Development Board, Jammu and Kashmir who will propose minimum
fund requirement for the Authority in Annual revenue budget.
–––––––
254 BOVINE BREEDING ACT, 2018

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