The KERALA LIVE-STOCK IMPROVEMENT ACT, 1961

ACT 17 OF 1961
THE KERALA LIVE-STOCK IMPROVEMENT ACT, 1961
CONTENTS
Preamble.
Sections:
1.   Short title, extent and commencement.
2.   Definitions.
3.   Appointment of Director.
4.   Bulls which have attained a certain age to be licensed
5.   Refusal and revocation of licences.
6.   Surrender of licence.
7.   Inspection of bulls.
8.   Power to order castration of bulls.
9.   Duty to inform owner of contents of notice, or order of castration.
10.   Production of licence.
11.   Penalties.
12.   Power of licensing officer to castrate bulls.
13.   Power of licensing officer etc., to inspect or mark bulls and enter premises.
14.   Duty of officers to report offences, etc.
15.   Cognizance of offences.
16.   Officers to be public servants.
17.   Bar of certain proceedings.
18.   Limitation for certain suits and prosecutions.
19.   Revision.
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 improvement of live-stock in the State of Kerala.
Preamble.— Whereas it is expedient to provide for the improvement of live-stock in
the State of Kerala;
BE it enacted in the Twelfth Year of the Republic of India as follows:—
1.  Short title, extent and commencement.—(1) 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 section shall come into force at once, and the Government may, from time
to time by notification in the Gazette, apply all or any of the remaining provisions of this Act
to the whole or any portion of the State of Kerala from such date and for such period, if any,
as may be specified in the notification, and may cancel or modify any such notification.
2.  Definitions.—In this Act, unless the context otherwise requires,—
(a) "bull" includes a buffalo-bull;
(b) "cow" includes a buffalo-cow and a heifer;
(c) "Director" means the officer appointed by the Government as the Director of
Animal Husbandry for the State of Kerala and includes 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) "Licensing Officer" means the Director or any other officer or person authorised
to grant licences under 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 in his
possession or custody; and 
(h) a bull is said to be "castrated" if it is rendered incapable of propagating its
species.
3.  Appointment of Director.—The Government may by general or special order confer
or impose on any person all or any of the powers or duties of the Director under this Act.
*Received the assent of the Governor on the 28 th day of June, 1961 and published in the Kerala Gazette
Extraordinary No. 74 dated the 28th June, 1961.
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4.  Bulls which have attained a certain age to be licensed.—
(1) No person shall keep a bull which has attained the prescribed age except under
and in accordance with the terms, conditions and restrictions of a licence granted under this
section, unless it is certified by the prescribed officer that the bull has been effectively
castrated by a method and in a manner approved by the Director.
Explanation.—Where a person keeps more than one bull, he shall obtain a separate
licence in respect of each bull.
(2) Every licence under this section shall be granted by the Director or any officer or
person authorised by him by general or special order. It shall be in such form, for such period,
and subject to such terms, conditions and restrictions as may be prescribed.
No fee shall be charged for the grant of the licence.
5.  Refusal and revocation of licences.—(1) Subject to such rules as may be prescribed,
the licensing officer may refuse to grant or may revoke a licence in respect of any bull if in
his opinion the bull appears 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 a breed which it is undesirable to propagate in the State of Kerala.
(2) The  licensing  officer  may  also  after  giving  a  reasonable  opportunity  to  the
licensee  to  be  heard  revoke  a  licence  granted  in  respect  of  any  bull  kept  within  his
jurisdiction (whether such licence was granted by himself or by any other officer) if in his
opinion,—
(a) the licence was granted under circumstances of which the licensing officer
was not aware at the time of granting the licence and such licence would not have been
granted if he had been aware of such circumstances, or
(b) there has been a breach of any of the terms, conditions or restrictions of the
licence.
(3) If a licence is revoked under this section, the officer revoking the licence shall
give notice thereof to the person keeping the bull or to the person stated in the licence to be
the owner of the bull. The notice shall set out the grounds for the revocation.
(4) No person shall be entitled to any compensation for the refusal or revocation of
any licence under this section.
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6.  Surrender of licence. —A licence granted in respect of a bull shall be surrendered
without delay to the licensing officer, if—
(a) the period specified in the licence expires, or
(b) the licence is revoked under this Act, or
(c) the bull dies, or is certified by the prescribed officer to have been effectively
castrated by a method and in a manner approved by the Director.
7.  Inspection 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 in the order not being farther than  1[three
kilometers] from the place where the bull is ordinarily kept, and thereupon it shall be the duty
of  the  person  keeping  the  bull  to  submit  it  for  inspection  accordingly,  and  render  all
reasonable assistance in connection with such inspection to the officer concerned.
8.  Power to order castration of bulls. —(1) The licensing officer may by order require
any person keeping a bull which in his opinion has attained the prescribed age, and in respect
of which no licence is for the time being in force under this Act, to have it castrated, within
one month from the date of the service of the order, by a method and in a manner approved
by the Director and specified in the order.
(2) Such castration shall be performed or caused to be performed by the licensing
officer free of charge, unless the owner or other person keeping the bull desires to make his
own arrangements for complying with the order.
2[(3) A person keeping a bull, who has been required by an order under sub-section
(1) to have it castrated, and the owner of the bull where such person is not the owner thereof,
shall not part with the possession or custody, or transfer the ownership, of the bull until it is
castrated:
Provided that the provisions of this sub-section shall not apply in the case of an owner
who is not the person keeping the bull, if notice of the said order had not been given to him.]
9.  Duty to inform owner of contents of notice, or order of castration. —If any notice or
order is served under section 5, section 7, or section 8 on any person who is not the owner of
the bull, it shall be the duty of that person forthwith to take all reasonable steps to inform the
owner of the contents of such notice or order, and if he fails to do so, he shall be liable to
indemnify the owner against any loss the owner may sustain by reason of such failure.
10.  Production of licence.—It shall be the duty of any person who for the time being
keeps a bull in respect of which a licence has been obtained and is in force, to produce such
licence—
1 Substituted by Act 28 of 1968 (w.e.f 15.11.1968)
2 Inserted by Act 28 of 1968 (w.e.f 15.11.1968)
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(a) within a reasonable time, at any place where the bull is for the time being, on
demand made by a licensing officer or an officer of the Animal Husbandry 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 authorised in this behalf by the
Government by general or special order; or
(b) before a cow is served by the bull, on demand made by the person in charge of
the cow.
11.  Penalties.—1[(1)] Whoever—
(a) keeps a bull in contravention of this Act or of any rule or order made thereunder,
or of any terms, conditions or restrictions of a licence, or
(b) neglects or fails to submit a bull for inspection when required to do so under
section 7, or
(c) neglects or fails 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 10,
shall be punishable with fine which may extend to twenty-five rupees and in the case of a
second or any subsequent offence with fine which may extend to fifty rupees.
2[(2)  Whoever contravenes the provisions of sub-section (3) of section 8 shall be
punishable with fine which may extend to one hundred rupees and, in the case of a second or
subsequent offence, with imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both.]
12.  Power of licensing officer to castrate bulls. —(1) 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 section 8, the licensing officer may direct that the bull shall be castrated
by a method and in a manner approved by the Director and marked with a prescribed mark in
the prescribed manner, free of charge.
(2) (a) If it is 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
licensing officer may seize the bull or cause it to be seized, and if he is of opinion that the
bull has attained the prescribed age and is unsuitable for breeding purposes on any of the
grounds specified in sub-section (1) of section 5, may direct that the bull shall be castrated by
a method and in a manner approved by the Director and marked with a prescribed mark in 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  pinjrapole or infirmary
recognised, by the Government in this behalf.
1 Inserted by Act 28 of 1968 (w.e.f 15.11.1968)
2 Inserted by Act 28 of 1968 (w.e.f 15.11.1968)
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(c) In case the owner of any bull seized under clause (a) appears before the licensing
officer within such time as may be prescribed in this behalf and proves to the satisfaction of
such officer that the bull is owned by him—
(i) in case the bull has been sold by public auction, the proceeds of such sale
shall be paid to the owner after deducting therefrom the costs, charges 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 maintenance.
(d) The costs, charges and expenses referred to in sub-clauses (i) and (ii) of clause
(c) shall be determined in the prescribed manner.
13.  Power of licensing officer etc., to inspect or mark bulls and enter premises. —For
the purposes of this Act, a licensing officer or any officer or person authorised by him in this
behalf shall have power at all reasonable times—
(a) to inspect any bull;
(b) to mark any bull with a prescribed mark in the prescribed manner; and
(c) subject to such conditions and restrictions, 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  Animal  Husbandry,  Agricultural  and  Revenue
Departments and officers and servants of Panchayats and Municipalities and other officers
notified by the Government in this behalf—
(a) to give immediate information to the nearest licensing officer of the commission
of any offence, or of the intention or preparation to commit any offence punishable under 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
committed; and
(c) to assist any licensing officer in carrying out the provisions of this Act.
15.  Cognizance of offences. —No Magistrate shall take cognizance of any offence
under this Act except upon a complaint made by a licensing officer or any person authorised
by such officer in this behalf.
16.  Officers to be public servants. —All officers and servants specified in, or notified
under section 14 shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code.
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17.  Bar of certain proceedings.—(1) No suit, prosecution or other proceeding shall lie
against any officer or servant of the Government for any act done or purporting to be done
under this Act without the previous sanction of the Government.
(2) No officer or servant of the Government shall be liable in respect of any such act
in any civil or criminal proceeding if the act was done in good faith in the course of the
execution of duties or the discharge of functions imposed by or under this Act.
18.  Limitation for certain suits and prosecutions. —No suit shall be instituted against
the Government and no suit, prosecution or other proceeding shall be instituted against any
officer or servant of the Government in respect of any act done or purporting to be done
under this Act, unless the suit, prosecution or other proceeding is instituted within six months
from the date of the act complained of.
19.  Revision.—The Government may at any time either  suo motu  or on application,
call for and examine the record of any order passed by, or any proceedings recorded by, any
officer or person under this Act, for the purpose of satisfying themselves as to the legality or
propriety of such order or as to the regularity of such proceedings, and may pass such order
in reference thereto as they think fit.
Nothing contained in this section shall apply to the orders or proceedings of any Court
or Magistrate.
20.  Power to make rules. —(1) The Government may after previous publication by
notification in the Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for—
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the circumstances in which duplicates of licences may be granted, the fees
which may be charged for the grant of such duplicates and the conditions, restrictions 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 making a rule under sub-section (1) or sub-section (2), the Government may
provide that a person guilty of a breach thereof shall be punishable with fine which may
extend to twenty-five rupees.
(4) All rules made under this section shall, as soon as may be after they are made, be
laid before the Legislative Assembly for a period of not less than fourteen days and shall be
subject to such modifications, by way of repeal or amendment, as the Legislative Assembly
may make during the session in which they are so laid or the session immediately following.
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1[21.  Saving.—Nothing contained in this Act shall apply to a bull dedicated to a
religious institution in accordance with any religious usage or custom and directly maintained
by that institution.
Explanation.—For the purposes of this section, ‘religious institution’ means a math or
temple.]
22.  Repeal.—The Madras Live-stock Improvement Act, 1940 (Act XV of 1940), as in
force  in  the  Malabar  district  referred  to  in  sub-section  (2)  of  section  5  of  the  States
Reorganisation Act, 1956, and the Travancore-Cochin Live-stock Improvement Act, 1954
(Act XII of 1954), are hereby repealed.
_____
1 Substituted by Act 28 of 1968 (w.e.f 15.11.1968).

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