LexThe Tamil Nadu Live-Stock Improvement Act, 1940
Tamil Nadu · state statute
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The Tamil Nadu Live-Stock Improvement Act, 1940
Act 15 of 1940
Keyword(s):
Bull, Cow
1940 : T.N. Act XVl ' Live-stock Intprovemenr 8 17
'ITAMTL NADU] ACT No. XV OF 19402.
(Received the assent qf the Goi*ervor 011, th2 29th
August 1940;Jirst publiashed irr tlzc Fort St. George
Gazette on tire 3rd .'+ptember 1940.)
An Act to provide for the inlprovement of live-
stock in the %[State of Tamil Nadu].
WHEREAS it is expedient to provide for tn:: imp! ov:-
merit of live-stock in the 3[Statc of Tmil NI~IL,]; d/lt
is llereby enacted as follows :--I
1. (1) This Act may b? callecl the '[Tamil Nadu] Short title.
cxtent and L.ive-stock lmvrovcment Act, 1940. commencc-
(2) le cxtcndc ic) the \V~I~!C of tl~c 6[S~a;c 01 rnent.
Tamil N:du].
_. - --
I These wortls wcrc substitt~tcd TO~ Ihc wort1 "Madras" by the
Tamil Nadu Adaptation ul' LAWS c)l.lit.l+, 1969, as aliiendcd by the
Talllil Naclu Adaptation ol' L:L\\'s (Sccond hc~irlnient) Order,
1969.
This /ict wirs cxtc~idcd lo the Knriv~~Aurn;~ri ili~trr~t ;illd the
~l~~~~~t~a1l t;~ilik (if the l'irunc!vcli dislricI by sccliorl 3 of, ,jlc
Schedule 10, the Titmil Nnilll ('r~.;~nsfe~rcd 'rct.~.itor~) ~,~!~~~j~~ of ~;lws Act. 1957 (Timil N?du Act ?(I1 of 1957), rcpcallng ,he
correspon~ing I;LW in rorcc 111 tl1~11 tcrrctory.
a TlliS e~I~r~~~it>n wits st~h~tit~rtcd fi~ the cxp~.cssion 'tf>rovince
by the Ellllil N~idll /\tl;l~lt:ltion ol' L;tWsOrder, 1970,
w;rs docnlcd to haw conic InIo Ii1l.c~ un 111c 14111 January
1969.
b .rhcbc words \rcrc a~~l)~~itctlr(l 1'01. IIIC I':~.:I~I.;~III~ ~.~,,~t~i~i~~~
the elll+ctiug iorniul:~ 2nd t lie l';lr;ig1';ll>ll ilrcccdi~lg Illat paragraph
by section 5 of thcTi~ltlil Niidu KC-cni~cting (Nu. 11) Act, 1948 (.Tamil
Nadu Act Vlll 01 1948).
a hi^ expression \\,IS strbstit~r~cd fur tl~c cxprts\iotl
of ~~d~~~" by thc 'J'a!llii Nadu Adc1pt:!t~c1n 111 L;i\rs Older, 1969, as
by the Tarn11 Nudu Add~tallc\l~ of Laws (Second Alnend-
rnent) Order, 1969.
125-14-52 . .. .
-
Definitions.
8
818 L$e-stock linprovement [I940 : T.N. Act XV
*(3) This section hall come into force st once,
nod the lrState] Government may from time to time
by notific ation in the Fort St. George Gazette apply all
or any of the remainins provisions of ths Act to the
whole or any portion of the %[State of Tamil Nadu]
from such date and for such period, if any, as may
be specified in the notification, and may cancel or
modify my such notification.
2. In this Act, ~tless there is anything repuq-
nant in the subject or context--
(a) 4' bull " includes a buffalo-bull ;
(h) "cow" incll~des a buffalo-cow and a heifer:
(c, "Director" means the officer appointed ty
the =[State] Government as the Sr13irector of Anim.2
Husbandry] for ths '[State of Tamil Nad~i] aacd
includes any other person o~ whom the p~wers o;
duties of thz Director vndel this 4ct ha1.e been COY.-
ferrxl or inlposed ondcr qccticn 3;
(d) "licence" means a licence granted under
section 4 ;
(e) ' Llicet~sing, oft;.cerW means the Director or
any othcr officer or person authorized to grant licences
under section 4 ;
(f) ~'prescrjbed" means prescribed by ndes
made under this Act ;
-- -- ---
1 Thic word w,rs wbstituted for the word "Provincial " by the
Adantation Order of !950.
' This expression was sllbqtituted Tor tho eupression <'State of
Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as
amended by the Tamtl Nndu Adaptation of Laws (Second
Amendment) Order, 1969.
3 These words were substituted for the words "Director of
Veterinary ~ervlces" by section 3 ot. and the Second Schedule to,
the Tam11 Nadu Rtenactlng (NO. LT) Act, 1948 Varn~l Nadu Act
vur of 1948).
* Section 1 came into force on the 3rd September 1940. The
remaining *&,ion have becn epplied tn certain portions of th~
S1a.e fr('1~ ')@; 9 tlm*
1940 , T.N. Act XV] Live-stock impror*ement 819
?/'
) a person is said to "keep a bull" if he owns
he b$ or has the bull in his possession or custody ; I
I
(h) a bull is said to be "castrated* if it is
rendered incapable of propagating its species.
3. The *[State] Government may, by general Appointment
or special order, confer or impose on any person ofD'reCtOr. I all or any of the p~wers or duties of a Director under
4. (1) No person shall keep a bull wihch has. Bulls which
attained the prcscribed age except under and in E:z;iined
accordance with the terms, conditions and restric- age to be
tions of a licence granted under this section, unless licensed.
it is certified by the prescribed officer that the bull
has bzen effectively castrated by a method and in
a manner approved by the Director. I
E.rplunation.-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
authorized 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.
I
5. (1) Subject to such rules as may be prescribed,
the licensing officer may refuse to grant or may of,i,-enees,
revoke a licence in respect of any bull if in his opinion
I the bull appears to be-
(a) of defective or inferior confirmation and
c~nsequently likely to be get defective or inferior
progeny, or . -- -
i This word was substituted for the word "Provincial9' by the Adaptation Order of 1950,
I 125-1 4-52~
.~- . -
$I,;~"-&. ~
'I
820 Lie?-stock Improvement [1940: T.N. Ad XV 1
th) ~u ffering from an incurable contagious
Oi infecficus dise~se or from any other disease ren-
dering t1:e bull unsuitable for brtxdifig purposes,
c'r
(c) of a breed which it is undesirable to
propqate in the district or part of the district in
, which it is kept.
4 (2) The liceqsing officer may also revoke a licenc:: granted in respxt of any bull kept within
his iurisdiction (r.vIether sucb licence was %ranted by
himself or by ally other officer) if in his opinion-
(0) the licence was gr~nted under circum?
stances of which the licensing officer was not aware
at the time of granting the licence, or /
(b) there has b:en a breach of any bf tne
tcms, conditions or restrictions of the licence.
(3) If a licence is revoked under this section,
!be offices revokinp the licence shnll give notice
thereof to the person keeping the bull or to the person
5tatc:i in the licence to be the owner of the b~li.
'The notice shall set out lhc grounds for the revo-
cation.
(4) No p~ron shall bc mtitlea to any compen-
h:ltic:n for thc refusal 01. revocation of any licence
~un;i.=r this scction. I
Surrender 6. A 1iu:nc.c granted in respect of a bcll shall be
of licence. .;ltrren?~red without dcby to the licensinr: officer,
if
(0) the p:siod sp:cili~.d in the licence expires,
or
(b) the licence is revoked llnder this 'Act, or
(c) the bull dies, or is certified by the prescri-
bed officer to have been effectively castrated by a
method and in a manner approved ,by the Director.
I ,
/
19dO : T.N. Act XVI Live-stock Improvement 821
7. The licensing officer may by order require Inspection ,
any person keeping a bull to submit it for inspection of b1~11s.
by himself or by any officLr or pzrson dep~ted by
him for thc purpose, at any rcasotlable time either
at the place where the bull is kept for th~ time being
or at any other reasonable place specified in the
order, and thcrcupo~~ it shsli be the duty of tllc per-
son keeping the bill) to subnut it for ~nspecl~ctn accor-
dingly, and render all r:asonablc: assistance in cc
nmon with such inspection to the offi%r concclnctd.
8. (1) The licensing ofPicer may by ordcr require
any pcrson keci~lng a hclll wkich in his opinion has order
attained tllc ~>rcscribcd iige, and in rcsp~ct of' ~liicl~ cdstratj~n
no licence is f'o~ rllc time being j11 f~)rcc lulc.cr tlli:, of bulls.
Act, to have it ca~lriltdcl, witl1~11 OIIC montll I'ic m tllc
date of thc scrvice L\[ Lhc c~:I.c~L'I'. by :i m:thod ana in
a manner appsovcd by tllc Director and specified i:i
the order.
(2) Such castration shall bs performed or causes
to be performed by the licensing officer free pf charge,
unless the owner 01. otlzci. yuiaon kt.cl)i~q 11~~' 1311li
aesires to make his own rl~liulgcn1ents for conlply-
ing with the ordcs.
9. If any notice or order is scrved unhr rcctio~~ to
5, section 7, or scction 8 on any pcrson who is not inform
the owner of the ball, it 'b!~all be thc drllg that ,";?&;fo, person foithwith 10 trtkc all rensonablc steps to
inform the owner of lhc ccjnicn~s of si~ci~ ~~uticc 01. orderof,
order, and if he fails to do so, he shall bc liable to ca5'r:"i0n.
indemnify the owner against ally 105s thc owner may
sustain by reason of such failure.
10. It shall bc the tltlty of a115 WpoIi ivho fi,r l'roduct ion the time bein% kccps a bull in ~~;spcct c)fuflicence.
which a licence 1x1s bcen ob~aincct rind is 111 I'or':c,
to produce such licence-
(a) within a reasonable time, at any place where
the bull is for the time being! on dcm:~nti nlnrlf- ha
I
Penalties.
Power of
licensing
officer to
Castrate
bulls.
822 Live- stock tmprove~enr [1946 : TA. Act Xtr
a licensing officer or an '[Officer of the Animal Hus-
bandr y Department not below the rank of Assistant
Surgeon,] or an officer of the Agricultural Depart-
ment not bzlow the rank of Upper Subordinate,
or an officer of the Revenue Department not below
the rank of Revenue Inspector, or such other officer
as may be authorized in this behalf by the '[State]
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. Whoevzr-
(a) keeps a bull in contravention of this Act
o) of ally rule or order made thereunder, or of any
terms, collditions or restrictions of a licence, or
(b) neglects or fails to submit n bull for inspec-
tion when required to do so, under section 7, or
(c) ilegiilcts or fails to comply with an order
xr\.eil undcr section 8, or
(d) neglects or fails to produce n licetlce when
required to do so under sectioll 10,
shall be punishable with fine which ma*. extend to
fifty rupees and in the case of a secor, or any subse-
qlient oflence with fine which riuy extend to one
hundrecl rupees.
12. (1) If a person who keeps a bull neglects
or fails to submit it for inspection, or to have it
caitratetl whcn required to do so under section 7,
or section 8, thc licc~lsirlg oflicer may direct that the
bull \hall be castratctl by a method and in n mnnncr
approved by the Director and marked with a prescri-
hd mark in the prescribed rnaluwr, free of charge .
-A-
-
1 These words were substituted for the words "officer of the
veterinar~ department not below the rank of Veterinary Assisfant
sur eon by section 3 of, and the Second Schedule to, the Tamil Na& ~~-~n;,cting(No. 11) Act, 1948 (Tamil Nadu Act VIIl of 1948).
r This word was substituted for the word "Provbcinl" by tho
Adaptation Order of 1950.
1940 : T.N. Act XV] Dve-stock lmpratrerrient 823
(2) (a) If it is not known in whose ownership;
possession or custody a bull is for the time being i 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
t 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 recognized by the '[State]
Government in this bchalf.
I
(i) in case the bull has been sold by public
auctlon, the prcceeds of such sale shall be paid to
the ourier after deducting therefrom thecost, charges
and expenses inculred for the maintenance and
salt; of the bull ; and
I
I
(ii) in any other case, the bull shall be
delivered to the owner on payment of the cost, charges
and expenses incurred for its maintenance.
(c) In case the owner of any bull seized under
ciause (a) appears before the licensing officer within
such time as may be prescribed in this behalf
(d) The costs, charges and expenses referred to
I
I
in sub-clauses (i) and (ii) of clause (c) shall be deter-
mined in the prescribed manner.
i
- - ---
i This word was substituted for tho word "Rovinciai" by Uc
I
Adaptation Order of 1950.
?J
I
f and proves to the satisfactioil of such officer that
I fie bull is owned by bim-.
L
F
824 tiw-stock fntgrovenient [IW : T.N. ~ct Xtt
13. For the purposes of this Act, a licensing &cer
Power licensing of or any officer or person authorized by him in this
o&er, etc., to behalf shall hate power at all reasonable times-
inspect or mark.
bulls and .to (a) to inspect any bull ;
enter premises. (b) to mark any bull with a prescribed mark
in the prescribed manner ; and
(c) subject ta such conditiorls 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.
D~~~ of officers 14. It shall be the duty of all village o5cers and
to report servants and of all officers of the lrAnirnal Husbandry],
etc. Agric~llt llraI and Rcvenue Departments-
(a) to give immediate information to the nearest
licensing officer of the commission of any offence, or
of 'he intention or preparation to commit any offence I
I 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
(e) to assist ally liccnsir~g officer in carrvjng out
the prnvisinnq of thi: Act.
Cognizarlcs 15. No Magistlate shall take cognizance of any
ol offrncrs, offence under this Act except upon a complaint made
by a licensl~ig officer or any persot? authorized by such
officer in this behalf.
Ollicers to
be publ~c 16. 'The Director, every licensing officer, all officers
servants. and persovs a ut horjzed by the Director 01 a licensing
officer, under this Act, and all village officers and c,
servants, shall be deemed to be public servants withn
the meaning of section 21 of the Indian Penal Code. of
1 These words were substituted for the word "Vet~jpary"
by section 3 of, and the Second Schedule to the Tad1 Nadu
Re-enacting (No. 11) Act, 1948 (Tomil Nadu Act MI1 of 1948).
I ..I
CI be.
194 : ?.Pi, Act tive-stock fnprovmetit ia5 I I
/
17. (1) No suit, pros2cuti(ln, or 0 ther prcceeding Bar of certain
shall lie against any officer or servant of the '[state] proceedings
Government for any act done or purporting to be done ,
under this Act without the previous sanction of the
~[Statk] Government.
(2) No officer or servant of thc '[State] Govern-
ment shall be liable in resped of any such act in ally
civil or criminal proceeding if the act was done in t
good faith in the course of the execution of duties or
the discharge of functions imposed byor under this
Act.
18. No suit shall be instituted gain st theLimitation
'[Government] and nci, suit, plosecuf ion or other for certain
proceeding shall be inst i tuterl agnimt any officer or ~~~~~$ons.
servant of the '[State] Government in respect of any
act done or purporting lo be don: under this Act unless ,
the suit, prosecution or other p~*oceedi~ig is instituted
within six mcnths from thc date of the act conrplained
of.
, 19. The '[State] Government may at any time Revision.
either suo motu or on application, call for and
examine the record of any ortier passed bv, or any
e proceedings recorded by, anv oEcer or persol) ulldcr
! this Act, for the purpose of satisfyir~g theniselves as
i to the legalit) or propriety of such order or as to the
r regularity of such proceedings, and may pass such
b"
order in reference thereto as they think iit.
Nothing contained in this ;ection shall aqrly to
the orders or p~oceedings of any COLII-t or Magrstrate.
20. (1) The '[Statel Government may makc rules Power to nlakc
to carry out the purposes of this Act. rules.
(c) the powers to be exercised and the dhes
to be performed by officers appointed under this Act,
and the procedure of such officers ; and
(3) In making a rule under subsection (1) or
sub-section (2), the '[State] Government may provide
that a person guilty of a breach thereof shall be
punishable with fine which may extend to fifty rupees.
(4) The po.ver to make rules conferred by this
section shall be subject to the condition of the rules
being made after previous publication.