LexThe Telangana Live-stock Improvement Act, 1940.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA LIVE-STOCK IMPROVEMENT ACT, 1940.
(ACT NO. XV OF 1940)
ARRANGEMENT OF SECTIONS
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 to 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 prosecution.
19. Revision.
2 [Act No. XV of 1940]
20. Power to make rules.
21. Omitted.
THE TELANGANA LIVE-STOCK IMPROVEMENT
ACT, 1940.1
ACT No.XV OF 1940.
1. (1) This Act may be called 2[the Telangana Live-stock
Improvement Act, 1940.
(2) It extends to the whole of the State of Telangana.
(3) This section shall come into force at once, and the
State Government may from time to time by notification in
the 2[Telangana Gazette] apply all or any of the remaining
provisions of this Act to the whole or any portion of the State
of Telangana 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. In this Act, unless there is anything repugnant in the
subject or context,-
(a) “bull” includes a buffalo-bull;
(b) “cow” includes a buffalo-cow and a heifer;
(c) “Director” means the officer appointed by the State
Government as the Directo r of Animal Husbandry for the
2[State of Telangana], 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;
1. The Andhra Pradesh Live-Stock Improvement Act, 1940 in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No. 45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Short title, extent
and
commencement.
2 [Act No.XV of 1940]
(d) “licence” means a licence granted under section 4;
(e) “licensing officer ” means the Director or an y other
officer or person authorized 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. The State Government may, by general or special
order, confer or impose on any person all or any of the
powers or duties of a Director under this Act.
4. (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 respe ct 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.
Appointment of
Director.
Bulls which have
attained a certain
age to be
licensed.
[Act No.XV of 1940] 3
5. (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 o ther disease rendering the
bull unsuitable for breeding purposes, or
(c) of a breed which it is undesirable to propagate in
the district or part of the district in which it is kept.
(2) The licensing officer may also revoke a licence
granted in respec t 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, 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 ground for
the revocation.
(4) No person shall be entitled to any compensation for
the refusal or revocation of any licence under this section.
Refusal and
revocation of
licences.
4 [Act No.XV of 1940]
6. 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 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. 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, 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 connexion with such
inspection to the officer concerned.
8. (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 appro ved 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.
9. 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 forthwi th to take all
Surrender of
licence.
Power to order
castration of bulls.
Duty to inform
owner of contents
of notice or order
of castration.
Inspection of
bulls.
[Act No.XV of 1940] 5
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. 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,-
(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 Assistant Surgeon or an officer of the
Agricultural Department not below 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. 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 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,
Production of
licence.
Penalties.
6 [Act No.XV of 1940]
shall b e punishable with fine which may extend to fifty
rupees and in the case of secon d or any subsequent
offence with fine which may extend to one hundred rupees.
12. (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 Directo r 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 behalf;
(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 cost, charges and expenses
incurred for the maintenance and sale of the bull; and
Power of licensing
officer to castrate
bulls.
[Act No.XV of 1940] 7
(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;
(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. For the purposes of this Act, a licensing officer or any
officer or person authorized 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. It shall be the duty of all village officers and serva nts
and of all officers of the Animal Husbandry, Agricultural and
Revenue Departments,-
(a) to give immediate information to the nearest
licensing officer of the commission of any offence, or of the
intention or preparation to commi t 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.
Power of licensing
officer, etc., to
inspect or mark
bulls and to enter
premises.
Duty of officers to
report offences,
etc.
8 [Act No.XV of 1940]
15. No Magistrate shall take cognizance of any offence
under this Act except upon a complaint made by a licensing
officer or any person authorized by such officer in this
behalf.
16. The D irector, every licencing officer, all officers and
persons authorized by the Director or a licensing officer,
under this Act, and all village officers and servants, shall be
deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
17. (1) No suit, prosecution or other proceeding shall lie
against any officer or servant of the State Government for
any act done or purporting to be done under this Act without
the previous sanction of the State Government.
(2) No officer or servant of the State 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. No suit shall be instituted again st the Government and
no suit, prosecution or other proceeding shall be instituted
against any officer or servant of the State 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. The State Government may at any time either suo motu
or on application, call for and examine the record of any
order passed by, or any procecdings recorded by, any
officer or person under this Act, for the purpose of satisfying
themselves as to the legality or prop riety of such order or as
to the regularity of such proceedings, and may pass such
orders in reference thereto as they think fit.
Officers to be
public servants.
Bar of certain
proceedings.
Limitation for
certain suits and
prosecution.
Revision.
Cognizance of
offences.
Central Act 45 of 1860.
[Act No.XV of 1940] 9
Nothing contained in this section shall apply to the
order or proceedings of any Court or Magistrate.
20. (1) The State Government may 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 of 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 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 power to make rules conferred by this section
shall be subject to the condition of the rules being made
after previous publication.
Power to make
rules.
10 [Act No.XV of 1940]
(5) All rules made under this section shall be published
in the 3[Telangana Gazette] and upon such publication shall
have effect as if enacted in this Act.
4[21. [XXX]]
* * *
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. Section 21 was omitted by section 3 of and the second schedule to
Act VIII of 1948.