The UTTAR PRADESH PASHUDHAN SUDHAR ADHINIYAM,1964
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH PASHUDHAN SUDHAR ADHINIYAM, 1964
[U. P. ACT No. XVIII OF 1964]
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ARRANGEMENT OF SECTIONS
SECTIONS
1- Short title, extent and commencement
2- Definitions
3-
Prohibition of keeping un- approved bull
4- Declaration of suitable breeds classes of bulls
5- Production of bulls for inspection
6- Certification and branding of bulls
7- Castration of bulls unfit for approval
8- Castration and custody of unclaimed bills
9- Castration of approved bulls on becoming unfit
10- Power of Livestock Officer to enter and inspect
11- Maintenance of registers
12- Penalty for unauthorized marking
13- Penalty for contravention of the provisions of this Act, etc.
14- Cognizance of offences
15- Offences by companies
16- Protection of action taken in good faith
17- Power to make rules
85
THE UTTAR PRADESH PASHUDHAN SUDHAR ADHINIYAM, 19641
[U. P. ACT No. XVIII OF 1964]
[Passed in Hindi by the Uttar Pradesh Legi slative Council on December 11 , 1963
and by the Uttar Pradesh Legislative Assembly on August 4, 1964.
Received the assent of the Governor on August 24, 1964 under Article 200 of โthe
Constitution of Indiaโ and was published in the Uttar Pradesh Gazet te Extraordinary, dated
August 26, 1964.]
AN
ACT
to provide for the improvement of livestock in Uttar Pradesh.
IT IS HEREBY enacted in the Fifteenth year of the Republic of India as follows :
Short title,
extent and
commencement
1- (1) This Act may be called the Uttar Pradesh Pashudhan Sudhar Adhiniyam,
1964.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall c ome into force on such date as the State Government may, by
notification2 in the Gazette, appoint and different dates may be appointed for
different areas of Uttar Pradesh.
Definitions 2- In this Act, unless there is any thing repugnant in the subject or context --
(a) "approved bull" means a bull certified and branded under section 6 ;
(b) "bull" means an uncast rated male progeny of a cow or buffalo, n ot
less' than two years of age ;
(c) "castrate" in relation to a bul l means, to deprive it of the power of
propagating its species;
(d) "Director" means the Director of Animal Husbandry, Uttar Pradesh,
and includes an Additional Director of Animal Husbandry, Uttar Pradesh ;
(e) "keep" in relation to a bull means, to own a bull or to have control,
possession or custody thereof for the time being;
(f) "Liv estock Officer" means an "office r appointed by the State
Government to perform in r elation to any area the func tions of Livestock
Officer under this Act ; and
(g) "prescribed' means prescribed by rules made under this Act.
Prohibition of
keeping un-
approved bull
3- Except as provided by or under this Act, no person shall keep a bull which
is not an approved bull.
1- For Statement of Objects and Reasons, see U. P. Gazette, Extraordinary, dated
December 2. 1963.
2- Under Notification No. 2266/XVII -E-27-55. dated June 1, 1965 th e said Act Came
into force w. e. f. October I, 1965 In the following Tahsils of district Meerut :-
1. Mowana .
2. Baghpat.
3. Meerut.
86
[The Uttar Pradesh Pashudhan Sudhar Adhiniyam, 1964] [Section 4-7]
Declaration of
suitable breeds
classes of
bulls
4- (1) The State Government may, by notification in the Gazette, declare in
relation to any area the breeds and classes of bulls suitable for that area.
(2) In making a notific ation under sub-section (1) the Govern ment shall take
into consideration the milk -yield and serviceability of the progeny of all the
breeds and clas ses of bulls available in the area, the availability of sufficient
number of bulls of the breed or class proposed to be declared suitable for that area,
and such other matters as it may consider relevant.
(3) Before making a declaration under sub -section (1) the Government shall
cause to be published in the Gazette a preliminary notifi cation specifying the
classes and breeds of bulls proposed to be declared suitable for the area concerned
and inviting objections to the proposals, and take into consideration objections, if
any, filed within the time allowed therefore in the preliminary notification.
Production of
bulls for
inspection
5- The Livestock Officer may r equire, by an order in writing, any person
keeping a bull which is not an approved bull to produce the bull for inspection and
thereupon the person shall produce the same for inspection on such da te and at
such time and place as may be specified in the order :
Provided that the inspection shall take place in the village or town in which
the person keeping the bull normally resides.
Certification and
branding
of bulls
6- Where on inspection of a bull, the Livestock Officer is satisfied that the bull
is capable of being used for breeding purposes and is not-
(a) of defective or inferior conformation ;
(b) suffering from a contagiou s or infectious disease of an incurable
character or from any other disease rendering the bull unsuitable for breeding
purposes ; or
(c) in case of a notificat ion having been made under subยญ section (1) of
section 4 in relation to the area, of a breed or class not declared to be suitable
for that area.
he shall certify the bull as an approved bull and cause it to be branded with a
mark prescribed in this behalf.
Castration of bulls
unfit for approval
7- (1) Where on inspection, the Livestock Officer is satisfied that a bull is not fit
for being certified and branded under section 6, he shall, by order in writing, direct
the person keeping the bull-
(i) in case of a disability covered by clause (a) or (b) of that section, to
have the bull castrated within such period as may be specified in the order ;
(ii) in case of a disability covered by clause (c) and not covered by clause
(a) or (b) of that section, to either remove the bull beyond the prohibited area
or have it castrated within such period as may be specified in the order.
(2) (a) Any person aggrieved by an order under sub-section (1) may appeal to
such officer and in such manner as may be prescrib ed, and the order passed on the
appeal shall be final and binding:
87
[The Uttar Pradesh Pashudhan Sudhar Adhiniyam, 1964] [Section 8-11]
Provided that no appeal m ay be entertained after the expiry of thirty days
from the date of the order appealed against, unless the appellate authority for
reasons to be recorded, considers it proper to entertain the appeal after the said
period;
(b) The authority before which an a ppeal is pending may pass such
interim orders as it considers just and expedient.
(3) The castration shall be perfor med or caused to be performed by the
Livestock Officer, unless the owner or other person keeping the bull desires to
make his own arrangements for complying with the order.
(4) When an order under sub -section (1) has become final but has not
been complied with within the time allowed therefor the Livestock Officer
may without prejudice to any action that may be taken under section 13, caus e
the bull to be seized and castrated.
Explanation -In this section, "prohibited area", in relation to a bull, means
the area in respect of which a notification has been made under sub-section (1)
of section 4 and for which such bull has not been declared to he suitable.
Castration and
custody of
unclaimed bills
8- (1) If the Livestock Officer, after making an enquiry in the prescribed
manner, finds that a bull is not kept by any known person, he shall cause it to
be seized and shall inspect it.
(2) If on such inspection he finds that the bull is not fit for being certified
sud branded as an approved bull, he shall have it castrated.
(3) The Livestock Officer may, subject to the right of any person to
establish his title to the b ull in a court of com petent jurisdiction, give the bull
into the custody of any person in such man ner or on such terms and conditions
as he may deem fit in accordance with the rules made in this behalf.
Castration of
approved bulls
on becoming
unfit
9- If the Livestock Officer at any time has reason to believe that an approved
bull has contracted a contagious or infectious disease of an incurable character
or has otherwise become unfit to function as an approved bull, he may proceed
in respect of the bull as if it were a n unapproved bull, and t he provisions of
section 5, 6 and 7 shall mutatis mutandis apply to such proceeding.
Power of
Livestock
Officer to enter
and inspect
10- The Livestock Officer or any person required by him to assist him in the
performance of his functions under this Act shall have power at all reasonable
times-
(a) to inspect a bull; and
(b) subject to such conditions, if any, as may be prescribed to enter
any place where he has reason to believe that a bull is kept.
Maintenance
of registers
11- The Livestock Officer shall maintain or cause to be maint ained such
registers giving particulars of inspection, castration, certification and branding
of bulls and such other information as may be prescribed.
88
[The Uttar Pradesh Pashudhan Sudhar Adhiniyam, 1964] [Section 12-17]
Penalty for
unauthorized
marking
12- If any person without lawful authority brands or causes to be branded any
bull with any mark prescribed under this Act or with a mark resembling such
prescribed mark, intending by means of that resemblance to practice deception
or having reason to believe that deception shall be practiced thereby, he shall
be punishable with imprisonment which may extend to th ree months or with
fine which may extend to five hundred rupees, or with both.
Penalty for
contravention
of the
provisions of
this Act, etc.
13- Whoever contravenes any provision of this Act or any rule or order made
thereunder shall be p unishable with fine which may ex tend to one hundred
rupees.
Cognizance of
offences
14- No court shall take cognizance of an offence under this Act except upon a
complaint made by a Livestock Officer or any person authorized by him in this
behalf.
Offences by
companies
15- (1) If the person committing a n offence under this Act is a company, the
company as well as every person in charge of, and responsible to, the company
for the conduc t of its business at the time of the commission of the offence
shall be deemed to be guilty of the offence and shall be liable to be proce eded
against and punished accordingly:
Provided that nothing contained i n this sub -section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent th e
commission of such offence.
(2) Notwithstanding anything contained in sub -section (1) where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such director ,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation- For the purposes of this section-
(a) "company" means any body corporate and includes a firm or other
association of individuals; and
(b) "Director", in relation to a firm, means a partner in the firm.
Protection of
action taken in
good faith
16- No suit, prosecution or other leg al proceeding shall lie against an officer
or servant of the State Government for anything which is in good faith done or
intended to be done in pursuance of any provision of this Act or any rule or
order made thereunder.
Power to make
rules
17- (1) The State Government may, b y notification in the Gazette and subject
to the condition of previous publication, make rules for carrying out the
purposes of this Act.
89
[The Uttar Pradesh Pashudhan Sudhar Adhiniyam, 1964] [Section 17]
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for :-
(a) the appointment of Livestock Officers and their qualifications ; -
(b) the mark with which and the man ner in which a bull shall be
branded as an approved bull ;
(c) the authority to which and the manner in which an appeal may
be made under sub-section (2) of section 7 ;
(d) the manner in which and the terms and condit ions on which a
bull may be given in the custody of any person under sub-section (3) of
section 8 ;
(e) the condition subject to which an entry into a place may be
made under section 10 ;
(f) the registers to be maintained by a Livestock Officer and the
information to be contained therein;
(g) the manner in which an officer may make an inquiry, hear and
dispose of an appeal or perform other functions, under this Act;
(h) the manner of service of any order under this Act; and
(i) any other matter which is to be or may be prescribed.
(3) All rules made under this Act, shall, as soon as may be after they are
made, be laid before each House of the State Legislature while it is in session,
for a total period of fourteen days, extending in its one session or more than
one successive sessions, and shall, unless some later date is appointed by the
State Government, take effect, from the date of their publication in the Gazette,
subject to such modifications or annulments as the two Houses of the
Legislature may agree to make, so however, that any such modification or
annulment shall be without prejudice to the validity of any thing previously
done thereunder.
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