The KERALA LIVE-STOCK IMPROVEMENT ACT, 1961

... 
ACT 17 OF 1961 
'l'HE KERALA LIVE-STOCK IMPROVEMENT ACT, 1961. 
Preamble. 
41.ections. 
CoNTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Appointment of Director. 
4, Bulls which have <.ttamed a certain age to be licensed. 
5. Refusal and revocation of licences. 
6, Surrender of licence. 
7. I nspectlon of bulls. 
8. Power to order castration of bulls. 
9. Duty to mtorm owner of contents of notice or order of castra• 
tlon 
10. Production of licence2 
l ! . Penalties. 
12. Power of licensing officer to castarate bulls. 
13. Power of licensing officer etc. to inspect or mark .buiis a1 d 
enter premises. 
14. Duty of officer to report offences etc. 
15. Cogmzance of offences. 
16. Officers to be public servants. 
17. Bar of certain proceedings. 
18, Lim1tation for certain su1ts and prosecutions. 
19. Rev15ion. 
20 Power to make rules. 
21. Saving. 
22. Repeal. 
ACT 17 OF 1961 
THE KERALA LIVE-STOCK IMPROVEMENT ACT, 1961• 
An Act to provide for the ~'mprovement of live-stock zn the State of Kerala 
Preamble.-Whereas it is expedient to provide for the improvement 
of hve-stuck in the State of Kerala. 
Be it enacted in the Twelfth Year of the Republic of India as 
Tollow~:-
1. Short t~tle, extent and commencement.-(!) This Act may be called 
the Kerala Live-stock Improvement Act, 1961. 
(2) It extends to the whole of the State of Kerala. 
(3} This sect1on shall come into force at once, and the Govern­
ment may, from time to t1me by notification m the Gazette, apply all 
or any ofthe remaming provisions of th1s Act to the whole or any 
poruon ofthe State ofKerala f1om such date and for such period, if 
any, as may be specified m the notification, and may cancel or modify 
any such notificatiOn. 
2. Difm~tions.-In tills Act, unless the context otherwise requires,­
(a) "bull" include~ a buffalo-bull; 
(b) "cow" include~ a buffalo-cow and a he1fer; 
(c) 'Director' means the officer appointed by the Government as 
the Di1ector of Ammal Hu,bandry for the State of Kerala and mcludes 
any other person on whom the powers or duties of the Director 
under this Act have been conferred or imposed under section 3; 
(d) "licence" means a licence granted under section 4; 
(e) "L1censing Officer" means the D1rcctor or any other officer 
person authorised to grant licences unde1 section 4; 
(f) "prescribed" means prescribed by rules made under this 
Act; 
(g) a person is said to "keep a bull" if he owns the bull or has 
the bull m his pos,ession or custody; and 
(h) a bul11s said to be "castrated" if 1t is rendered incapable 
lpropagating its spec1es. 
3. Appomtment of Director.-The Government may by general or 
spec1al order confer or impose on any person all 01 any of the powers 
or duties of the Director under th1s Act. _ 
, 4-. Bulls which have attamed a certain age to be luensed.-
( l) No person shall keep a bull which has attained the prescribed 
ge except under and in accordance with the terms, conditiom and 
•Published in the Gazette Extraordinary dated 28th June, 19Sl. 
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restrictions of a licence granted under this sectton, unless 1t is cert1fied 
by the prescribed officer that the bull has been effectively castrated by 
a method and m a manner approved by the Director. 
Explanatwn.-Where a person keeps more than one bull, he shall 
obtain a separate "licence in respect of each bull. 
(2) Every hcence under this section shaH be granted by the 
Director or any officer or person auth011~ed by him by general or 
special order. It shall be m such form, for such period, and subject 
to such· terms, conditions and restnctions as may be prescribed. 
No fee shall be charged for the grant of the hcence. 
5. Refusal ond revocatton of lzcences.-(1) SubJect to such rules as 
may be prescribed, the hcensmg officer may 1efuse to grant or may 
revoke a licence in respect of any bull if m his opmi·m the bull appears 
to be-
( a) of defect1ve or mferior conformatiOn and consequently likely 
to beget defecttv e or infenor progeny, or 
(b) suffermg from an mcurable contagious or mfectwu~ d1scase 
or from any other di~ease rendenng the bull unsuitable 
for breedmg purposes, or 
(c) of a breed wh1ch 1t 1s undesirable to propagaw m the State 
ofKerala. 
(2) The licensing officer may also after g1ving a reasonable op­
portunity to the licensee to be hea1d revoke a licence granted in respect 
of anv bull kept w1thin h1s junsd1Ct1on (whether such licence was 
granted by himself or by any other officer) 1f m his opinion,-
(a) the licence was granted under cucumstances of which the 
licensmg officer was not aware at the time of grantmg the 
licence and such licence would not have been granted 1£ 
he had been aware of such circumstances, or 
(b) there has been a breach of any of the terms, conditions or 
re~tnctions of the licence. 
-(3) If a licence IS revoked under tillS sectiOn, the officer revokmg 
the licence shall giVe not1ce the1eof to the person keepmg the bull or 
+.o the person stated 111 the hcence to be the owner of the bull. The 
notice shall set out the grounds for the revocat1on. 
{4) No person shall be entitled to any compensation for the refusal 
or· revocation of any licence under th1s section. 
6. Surrender of lzcence.-A licence granted in respect of a bull shall 
be. surrendered without delay to the licensing officer, lf-
(a) the period spec1fied in the hcence expires, or 
(b) the hcence is revoked under this Act, or 
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(c) the bull dies, or is certified by the prescnbed officer to have 
been effectively castrated by a method and in a manr~er app:-oved by 
the Director. 
7. lrHpectzon of bulls.- The licensing officer may by order require any 
person keeping a bull to submit it for inspection by himself or by any 
officer or person deputed by him for the purpose, at any reasonable 
time, either at the place where the bull is kept for the time being or at 
any other reasonable place specified m the order not bemg farther than 
two miles from the place where the bull is ordinarily kept, and there· 
upon it shall be the duty of the person keeping the bull to st!bmit It for 
inspection accordingly, and .1ender all reasonable assistance in connec­
tion with such mspection to the officer concerned. 
8. Power to orde1 castratzon of bulls.- (I) The licensing officer may by 
order requue any person keepmg a bull which m his opimon has 
attained the prescnbed age, and m respect of which no licence IS for the 
time bemg m force under this Act, to have it castrated within one 
month from the date of the ~ervice of the order by a method and in a 
manner approved by the Director and ~pec!f1ed m the order. 
(2) Such castratiOn shall be performed or cawed to be performed 
by the licensing office1 free of charge, unless the owner or other person 
keeping the bull desires to make his own anangements for complymg 
with the order. 
9. Duty to znjorm owne1 of contents of notzce or order of castratzon.-If any 
notice or order is served under section s. sectiOn 7, or sectiOn 8 on any 
person who IS not the owner of the bull, It shall be the duty of th<it per­
son forthwith to take all reasonable steps to mform the owner of the 
contents of such notice or order, and if he fads to do so, he shall be 
liable to indemmfy the owner against any loss the owner may sustam by 
reason of such failure. 
10. Productzon of ltcence.-It shall be the duty of any person who for 
che time bt:ing keeps a bull m 1espect of whtch a licence has been 
obtamed and 1s m force, to produce such licence-
( a) wtthm a reasonable time, at any place where the bull IS for 
the time bemg, on demand made by a licensing officer or an officer of 
the Ammal Husbandr) Department not below the rank of Veterinary 
Surgeon, or an officer of the Revenue Department not below the rank 
of Deputy Tahsildar or such other officer as may be authonsed in tlus 
behalf by the Government by genet al or special order or 
(b) before a cow Is served by the bull, on demand made by the 
person m charge of the cow. 
11. Penaltzes.-Whoever-
(a) keeps a bull m contraventiOn of this Act or of any rule or 
order made thereunder, or of any terms, conditions 01 restrictiom of a 
licence, or 
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448 
(b) neglects or fa1ls to submit a bull for inspection when required 
to do so under section 7, or 
(c) neglects or fa1ls to comply with an order served under 
section 8, or 
{d) neglects or fails to produce a licence when required to do so 
under section I 0, 
shall be punishable w1th fine which may extend to twenty-five rupees 
and in the case of a second or any subsequent offence with fine wh1ch 
may extend to fifty rupee~. 
12. Power of licensing officer to castr.zte bulls.-( I) If a person who 
keeps a bull neglects or fails to submit It for inspection or to have it 
castrated when required to do so under section 7, or sectit n 8, the 
licensmg officer may direct that the bull shall be ca~trated by a method 
and in a manner approved by the Director and marked with a pres­
cribed mark in the presc1 ibed manner, free of charge. 
(2) (a) If 1t 1s not known in whose ownership, possessiOn or 
custody a bull is for the time being and the fact cannot be ascertained 
after an inquiry in the prescribed manner, the licensmg officer may 
seize the bull or cause to be se•zed, and if he is of opimon that the bull 
has attamed the prescrib,·d age and IS unsUitable for breedmg purposes 
on an) of the grounds specified m sub-section (I) of section 5, may 
direct that the bull shall be castrated b} a method and m a manner 
approved by the Director and marked with a prescribed mark m the 
prescribed manner, free of charge. 
(b) Every bull seized under clause (a) shall, after it has been 
castrated and marked as aforesaid where necessary, be sold by public 
auction or sent to a piru'rapole or mfirmary recognised by the Govern­
ment in this behalf. 
(c) In case the owner of any bull seized under clause (a) appears 
before the licensing officer withm such time as ina; be prescribed in 
this behalf and proves to the satisfaction of such officer that the bull is 
owned by him-
(i) m case the bull has been sold by public auction, the proceeds 
of such sale shall be pa1d to the owner after deductmg therefrom the 
c(lsts, charge, and expenses incurred for the maintenance and sale of 
the bull; and 
(ii) in any other case, the bull shall be delivered to the owner 
on payment of the costs, charges and expenses incurred for Its 
mamtenance. 
(d) The costs, charges and expenses referred to in sub-clau<;e (i) 
and (ii) of clause (c) shall be determmed in the pre;cnbed manner. 
I '1. Power of ltcensmg officer etc .. to znspect or mark bulls and enter 
premises.-For the purposes of this Act, a licensing officer or any officer 
or persan authonsed by him in this behalf shall have power at all 
reasonable times-
. (a) to inspect any bull; 
(b) to make any bull with a prescribed mark in the prescribed 
manner; and 
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(c) subject to such cond1tions and re!>tnctions, if any, as may be 
prescribed, to enter any premises or other place where he has reason. to 
believe that a bull is kept. 
14. Duty of officers to report offences, etc.-It shall be the duty of all 
village officers and servants and of all officers of the An una) Husbandry, 
Agricultural and Revenue Departments and officers and servants of 
Panchayats and Municipalities and other officers notified by the Govern­
ment in this behalf-
( a) to give immediate information to the nearest licensing officer 
of the comrniss1on of any offence, or of the intention or preparation to 
commit any offence, puni~hable under this Act, which may come to 
their knowledge; 
(b) to take all reasonable measures m their power to prevent the 
commission ef any such offence which they may know or have reason to 
believe is about or likely to be committed; and 
(c) to assist any licensing officer in carrying out the provisions of 
this Act. 
• 15. Cogmz.ance of offences.-No Magistrate shall take cognizance of 
any offence under this Act except upon a complaint made by a licensmg 
officer or any person authoribed by such officer in this behalf. . 
16. 0 fficers-to bo publzc servants.-Ail officers and servants specrfied in, 
or notified under section 14 shall be deemed to be public servants 
within the meaning of section 21 of the Indian Penal Code. 
17. Bar of certain proceedzngJ.-( 1) No suit, prosecution 01 other pro­
ceedings shall lie agamst any officer or servant of the Govcmment for 
any act done or purpoting to be done under th1s Act without the 
previous sanction of the Government. 
(2) No officer or servant of the Government shall be hable in 
respect of any such act in any civil or criminal proceeding If the &Ct was 
done in good faith in the course of the execution of duhes or the dis­
charge of functions imposed by or under this Act. 
18. Limitatzon of certain suzts and prosecutions.-No suit shall be insti­
tuted against the Government and no smt, p10secut10n or other 
proceeding shall be instituted against any officer or servant of the Govrn­
ment in respect of any act done or purporting to be done under thrs Act, 
unleFS the suit, prosecution or other proceeding Is mstituted w!thm SIX 
months from the date of the act complained of 
19. Remszon.-The Government may at any hme either suo motu or 
on application, call for and examine the record of any order pa.sed by, 
or any proceedings recorded by, any officer or person under thi~ Act, 
for the purpose of satisfying themselves as to the legality or p• opriety of 
such order or as to the 1 egu lanty of such proceedings, and may pass 
auch order in reference thereto as they think fit. 
Nothing contained in this section l>hall apply to the orders or 
proceedings of any Court or Magistrate. 
20 Power to make ntles.-(1) The Government may after previous 
publication by notification in the Gazette, make rules to carry out the 
purposes of this Act. 
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(2) In particular and without prejudice to the generality of the 
foregOing power, ~uch rules may prov1de for-
( a) all matten expressly required or allowed by this Act to be 
prescribed; 
(b) the circumstances in wh1ch duplicates of licences may be 
granted, the fees which may be charged for the grant of such duplicates 
and the conditiOns, restnctJOns and limitations subject to which they 
may be granted; 
(c) the powers to be exercised and the duties to be performed 
by officers appointed under this Act, and the procedure to be followed 
by such officers; and 
(d) the service of notices and orders issued under this Act. 
(3) In makmg a rule under sub-sect1on (I) or sub-section (2), the 
Government may provide that a person gullty of a breach thereof shall 
be purushable with fine wluch may extend to twent)'-five rupees. 
(4) All rules made under this sectiOn shall, as soon as may be • 
after they are made, be la1d before the Legislative Assembly for a period 
of not less than frmrteen days and shall be subject to such modifications, 
by way of Iepeal or amendment, as the Legislative Assembly may make 
durmg the session in which they are so laid or the session immediately 
follow mg. 
21. Saving.-Nothing contained in this Act shall apply to a bull 
dedicated in good faith to a rehgiou~ purpose in accordance with any 
religious usage or custom, prov1ded that notice of the dedication is 
given in the prescribed manner to the hcensmg officer. 
22. Repeal.-The Madras Live-stock Improvement Act, 1940 
(Act XV of 1940), as in force in the Malabar Drstrict referred to in 
sub-section (2) of section 5 of the States Reorgan1sauon Act, 1956, and 
the Travancore-Cochm Live-stock Improvement Act, 1954 (Act XII of 
1954), are hereby repealed. 
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