LexThe Uttarakhand Boving Breeding Act
Uttarakhand · state statute
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The Uttarakhand Boving Breeding Act, 2018
[Uttarakhand Act No. 19 of 2018]
An
Act
to provide for improvement of bovines by regulating bovine breeding activities including use
of bovine breeding bulls for production of bovine semen, processing, storage, sale and distribution of
bovine semen, and artificial insemination and any other bree ding activity in bovines in the State of
Uttarakhand and for the matters connected therewith or incidental thereto.
Be It enacted by the Legislature of the State Of Uttarakhand in Sixty -nineth years of Republic
of India as follows-
Chapter -1
Preliminary
Short title and
commencement
1. (1) This Act may be called the Uttarakhand Bovine Breeding Act, 2018.
(2) It shall extend to the whole State of Uttarakhand.
(3) It shall come into force on the date of publication in the Official Gazette.
Definitions 2. In this Act, unless there is anything repugnant in the subject or context-
(a) “Artificial Insemination ” or “A.I.” means the technique used for
depositing bovine semen into the mature female reproductive tract by
artificial means;
(b) “Authority” means th e Bovine Breeding Authority constituted under
section 3 by the State Government;
(c) “A.I. Technician” means a veterinarian or Livestock Extension Officer
or Veterinary Pharmacist (by whatever name called) or trained A.I.
worker to be certified by the Auth ority who possess prescribed
educational qualification expertise and experience;
(d) “Bovine” means a cow, bull, cow -heifer, buffalo, he -buffalo and buffalo
heifer;
(e) “ Bovine Breeder” means any person or organization or firm or agency
engaged in bovine breeding activity;
(f) “Bovine Breeding” means breeding activities in bovines that include the
use of bovine bulls, semen or embryos;
(g) “ Breeding Policy ” means the Livestock Breeding Policy, duly notified
by the Government to promote breeding and develop ment of livestock,
especially of bovines in the State;
(h) “Certified Bull” means a bovine bull certified by the Authority, which is
kept for semen production for a particular bovine breed and meets the
standards, as may be prescribed;
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(i) “Chairperson” means the Chairperson of the Authority;
(j) “Embryo” means a structure developed as a result of fusion of bovine
male and female gametes;
(k) “Expert” means an expert who fulfills the educational qualifications as
specified by the Authority;
(l) “Government” means the Government of Uttarakhand;
(m) “Misbranded Semen” means semen whose DNA profile does not match
with DNA profile of the bull, mentioned in the record of semen bank or
semen straw;
(n) “Pedigree” means genealogical information showing the ancestral line of
the bull;
(o) “Premises” means any place, land, yard, building or any other site that is
used for semen production, storage , transport, distribution, trade or
utilization;
(p) “Prescribed” means prescribed by rules made under this Act;
(q) “Recognized Laboratory ” means national level laboratory, duly
authorised by the Authority;
(r) “Registrar” means the Registrar of the Authority;
(s) “Semen” means the semen of cow bull or buffalo bull in any form;
(t) “ Semen Bank” means a premises where the bovine semen is stored for
trading or distribution;
(u) “ Semen Station ” means premises, where facilities are set up for the
production, processing and storage of bovine semen;
(v) “ Services” means any of the bovine breeding services, as may be
specified by the Government;
(w) “Sub-standard Semen” means semen or semen straws that do not meet
the standard, as may be prescribed; and
(x) “Veterinarian” means a registered veterinary practitioner as defined in
the Indian Veterinary Council Act, 1984 (Central Act No. 52 of 1984).
Chapter II
Bovine Breeding Authority
Constitution of
the Authority
3. (1) The Government shall, by notification in the Official Gazette, constitute
an Authority to be known as the Bovine Breeding Authority.
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(2) The Authority shall consist of the following:-
(i) Director, Animal Husbandry, Uttrakhand – Chairperson;
(ii) Director, Indian Veterinary Research Institute, Izzatnagar or its
representative (not below the rank of Principal Scientist) - Member;
(iii) Joint Commissioner, Animal Husbandry, department of Animal
Husbandry, Dairying, and Fisheries, Ministry of Agriculture and
farmer’s Welfare, Government of India- Member;
(iv) Dean, Collage of Veterinary and Animal Sciences, G.B. pant
University of Agricu lture and Technology, Pantnagar, District
U.S.Nagar or its representative (not below the rank of Associate
Professor) – Member;
(v) Eminent retired veterinarian to be nominated by the State Government;
Member;
(vi) Eminent bovine breeder to be nominated by the State Government -
Member;
(vii) Addl. Director (Livestock Development) Department of Animal
Husbandry, Uttarakhand- Registrar.
(3) The affairs of the Authority shall be managed and administered by the
Registrar.
(4) The Authority shall draw -up a consultative panel of experts consisting of
not more than nine members. Out of the panel of experts, the Authority
shall constitute committee of not more than three members which shall
perform such functions, as may be required by the Authority. The
members of such Committee shall be entitled for such honorarium,
travelling allowance and daily allowance, as may be prescribed.
(5) Tenure of nominated member shall be valid for three years from the dated
of ex-officio member shall continue during pleasure.
Headquarter of
the Authority
4. The Headquarter of the Authority shall be at the office of the Director,
Animal Husbandry, Uttarakhand.
Meetings of the
Authority
5. (1) The Authority shall meet at such time and place as the Registrar may
determine in cons ultation with the Chairperson and shall observe such
procedure with regard to the transaction of its business at such meetings,
as may be prescribed.
(2) the quorum necessary for the transaction of business at a meeting shall be
four members.
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[The Uttarakhand Bovine Breeding Act, 2018]
Functions of the
Authority
6. As provided in this Act and the rules made thereunder, functions of the
Authority shall be as under-
(a) to formulate and implement the breeding policy and services in the State
of Uttarakhand;
(b) to regulate the storage, sale and use of semen or embryos produced within
or brought in from outside the State of Uttarakhand or imported from
any other country;
(c) to certify bovine bulls, which meet the standards, as may be prescribed;
(d) to register semen stations in the State of Uttarakhand as per the
provisions laid down in Chapter III of this Act;
(e) to register semen banks in the State of Uttarakhand;
(f) to certify the trained AI workers for operating bovine breeding activities
in the State of Uttarakhand through appropriate Standard operative
procedures to be laid down by the Authority;
(g) to perform such other functions concerning bovine breedi ng, as may be
prescribed.
Experts and
other personnel
of the Authority
7. The Authority shall discharge its duties through the staff of Animal
Husbandry department, Uttarakhand. The Authority may appoint such
number of person having such qualification for the discharge of functions
of this Act.
Jurisdiction and
powers of the
Authority
8. (1) Subject to the provisions of this Act and the rules made thereunder, the
Authority shall have jurisdiction all over the State of Uttrakhand in
respect of bovine breeding activities.
(2) For the discharge of the functions conferred on the Authority under this
Act, the Authority or any officer empowered by it in this behalf shall
have the power to obtain any required information from any semen
station or related person engaged in bovine breeding activities.
(3) The Authority shall have the power to give directions requiring any
person in-charge of any premises, where any activity relating to bovine
breeding is carried out or who in its opinion is contravening any of the
provisions of this act or the rules made thereunder, to furnish such
information and in such form, as may be specified by it.
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[The Uttarakhand Bovine Breeding Act, 2018]
Chapter III
Registration of semen stations and semen banks and certification of
bulls and trained A.I. workers
Registration of
semen stations
9. (1) On and from the date of commencement of this act, no person
(including any Firm, Limited Liability partnership (LLP), Company,
producer Company, Institution, NGO, Breeders Association, Trust,
Department of Central/ State Government, Co -operative Society or any
other agency), shall establish and operate a semen station for
production and storage of semen doses for artificial insemination or
production and transfer of embryos without obtaining a certificate of
registration from the Authority.
(2) Any per son who desires to establish and operate a new semen station
shall make an application for registration or renewal in such form along
with such fee, as may be prescribed.
(3) The existing semen stations shall apply to the Authority for grant of
certificate of registration in such form along with such fee, as may be
prescribed, within three months from the date of commencement of this
Act. They shall also declare the current stock of semen along with such
other details as may be required in the form.
(4) Applicants intending to set-up a new semen station or operating existing
semen station, who have submitted an application form along with
prescribed fee to the Authority, shall be issued a provisional certificate
of registration to meet the conditions specified in sub-section.
(5) For the grant of certificate of registration for a new semen station or the
existing semen station, the applicant shall make a written request to the
Authority for inspection within the above twelve months or the
extended period of six months, whichever applicable. The Authority
shall thereupon, send a committee of experts from the consultative
panel for such inspection.
(6) The Authority, after satisfying itself that-
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[The Uttarakhand Bovine Breeding Act, 2018]
(A) the semen station,-
(i) has premises for the quarantine of bovine bulls, as may be prescribed
by the Authority;
(ii) has premises for the rearing and housing of bulls and the collection,
processing, quality cont rol, storage, distribution and quarantine of
semen doses as may be prescribed by the Authority; and
(iii) has premises for the storage of semen doses as may be prescribed
by the Authority;
(B) every bull, used in the semen station for production of semen doses,-
(i) has tested negative to the tests as may be prescribed by the
Authority:
(a) prior to its entry to a quarantine station;
(b) during quarantine period at a quarantine station;
(c) during rearing at a rearing station; and
(d) at the semen station;
(ii) conforms to breed characteristics of the permitted breeds only as
may be specified in the breeding policy and meets the minimum
standards for various traits in terms of quantity and quality as may be
specified by the Authority and as modified and n otified from time to
time;
(C) the semen station maintains accurate details of the bull, whose semen
doses it would like to produce, store, sell, distribute or proposes to
distribute for artificial insemination in a format, as may be prescribed;
shall grant the certificate of registration to a new semen station or the
existing semen station clearly specifying the name and address of the
semen station, registration number of the semen station, unique
identification No. of certified bulls to be used for semen production, name
of the Incharge of the semen station and such terms and conditions, as it
may deem fit.
(7) The certificate of registration granted to semen station under this
section shall be valid for a period of two years from the date of its
issue.
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[The Uttarakhand Bovine Breeding Act, 2018]
(8) The semen station shall, in such form and alongwith such fee, as may
be prescribed, apply for renewal of registration to the Authority at least
three months before the expiry of the certificate of registration. The
Authority after satisfying itself that the conditions specified in sub -
section (6) with reg ard to certificate of registration have been adhered
to, shall renew the registration for a further period of two years, within
three months from the date of receipt of application. If the renewal
certificate is not issued within three months, approval sha ll be deemed
to have been accorded, unless communicated otherwise.
(9) Any new bovine bull that meets the standards for semen production
shall not be inducted in the semen station for semen production
without the prior approval and necessary certification from the
Authority. Death/ culling of certified bull shall be informed to the
Authority.
(10) The Authority may, after giving the applicant an opportunity of being
heard and for reasons to be recorded in writing, refuse to grant or
renew the certificate of registration.
(11) The Authority shall send a Committee of experts to inspect a semen
station as and when desired, but at least once in a year, to ensure
compliance of the conditions specified in the certificate of registration.
Registration of
semen Banks
10. (1) On and from the date of commencement of this Act, no person
including any Firm, Limited Liability Partnership (LLP), Company,
Producer Company, Institution, NGO, Breeders Association, Trust,
Department of Central or State Government, Co -operative Society or
any other agency) shall establish and operate a semen bank without
obtaining a certificate of registration from the Authority.
(2) The certificate of registration referred to in sub -section (1) shall be
issued in such manner and subject to s uch conditions, as may be
prescribed.
Certification of
Bulls
11. (1) On and from the date of commencement of this act, no new semen
station shall carry out semen production from any bovine bull other
than those certified by the Authority.
(2) The bulls shall be certified by the Authority in such manner and subject
to such conditions, as may be specified.
(3) The Authority shall generate a unique identification number for each
certified bull and it shall be mandatory for the semen stations to tag this
unique identification No. securely and permanently to the certified bulls
at all times.
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[The Uttarakhand Bovine Breeding Act, 2018]
Certification of
trained A.I.
workers
12. The trained AI workers shall be certified by the Authority in such manner
and subject to such conditions, as may be specified by the Government.
Regulation of
sale of semen
13. (1) None shall sell or distribute or gift or transfer the semen/ embryo to any
person other than a person, as may be authorized by the Authority.
(2) No semen/ embryo produced outside the State -of Uttarakhand shall be
allowed into the State of Uttarakhand to be sold, distributed or gifted
for artificial Insemination/ transfer, except with the prior approval of
the Authority to be granted in such manner and subject to such
conditions, as may be prescribed.
(3) No semen/ embryo shall be imported for Artificial insemination/
transfer in to the State of Uttarakhand from any other country, except
with the prior approva l of the Authority to be granted in such manner
and subject to such conditions, as may be prescribed.
issue of
duplicate
registration
certificate
14. In case a certificate of registration or a certificate of renewal issued under
this Act is defaced, lost or destroyed, the Authority, may upon satisfaction,
grant a duplicate certificate to the applicant on payment of such fee, as may
be prescribed.
Revocation of
certificate of
registration
15. If the Authority is satisfied, either on a reference made to it in this behalf or
on the basis of inquiry report of a Committee of experts constituted by the
Authority or otherwise that-
(a) the certificate of reg istration granted by it under this Act to a Semen
station has been obtained by misrepresentation or fraud; or
(b)the holder of the certificate of registration has, without reasonable cause,
failed to comply with the terms and conditions subject to which the
certificate has been granted or has contravened any of the provisions of
this Act or has not complied with such conditions, as may be
prescribed;
then, without prejudice to any other proceedings to which the holder
of the certificate, may be li able under this Act, the Authority may after
giving the holder of the certificate of registration an opportunity to show
cause;-
(i) where under this Act, any conditions have been imposed on any person,
while granting the certificate of registration or ren ewal thereof, or under
section 9, and such person has failed to comply with such conditions, the
Authority, after giving such person opportunity of being heard, revoke the
certificate of registration or renewal thereof and shall take such steps
against such person, as may be prescribed; or
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[The Uttarakhand Bovine Breeding Act, 2018]
(ii) suspend the certificate of registration or renewal till the holder of the
certificate complies with all the required conditions to the satisfaction of
the Authority; or
(iii) take an affidavit from the holder of the certificate of registration, to
comply with the provisions of this Act.
Appeal 16. (1) Any person aggrieved by an order of the Authority refusing to grant or
renew a certificate of registration or revoking or suspending the
certificate of registration under the provisions of this Act, may file an
appeal before the Appellate Authority, wh o shall be the Administrative
Principal secretary/ Secretary of the department of Animal Husbandry,
Uttarakhand.
(2) The Appellate Authority, after giving a reasonable opportunity of being
heard to the applicant, shall decide the appeal, as expeditiously a s
possible, but within three months.
Chapter IV
Power to
inspect, search
and seizure
17. (1) The Authority or members of the Committee of experts authorised by it
in this behalf, with a view to ensure compliance with the terms and
conditions of the certificate of registration or any provisions of this Act,
or for the purpose of inspection and inquiry, may-
(a) enter, inspect and cause or conduct search of any premises in which it
has reason to believe that any activity in contravention of the provisions
of this Act is going on or there is any contravention of any of the
provisions of this act or rules made there under or the holder of
certificate is doing activities in violation of the terms and conditions
specified in the certificate of registration issued under this Act.
(b) collect samples of semen, blood or any other material used in semen
production from the premises of any semen station and have such
samples analyzed from a recognized laboratory. All the stock of the
semen which is from uncertified bull shall be destroyed immediately
and semen processing equipment shall be sealed.
(2) The provisions of the Criminal Procedure Code, 1973 relating to search
and seizure shall, as far as may be, apply to searches and seal/ seizures
under sub-section (1).
Maintenance
and submission
of records
18. (1) Every person who holds a certificate of registration under this Act shall
maintain such books, accounts and records relating to his business
transactions in such form, as may be specified by the Authority in this
behalf.
(2) every person who holds a c ertificate of registration for a semen station/
semen bank shall submit to the Authority, in duplicate in such form and
an annual report in duplicate with respect to new bulls proposed for
certification whose semen is to be put on use in such form, as may be
prescribed.
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Power to give
directions
19. Notwithstanding anything contained in any other law, but subject to the
provisions of this Act, and to any directions that the Government may give
in this behalf, the Authority, may in exercise of its powers and performance
of its functions under this Act, issue any directions in writing to any person,
officer, or authority, and such person, officer or authority, as the case may
b, shall be bound to comply with such directions. The powers to issue
directions under this section shall include the power to direct,-
(i) the closure, prohibition or regulation of any operation, process or
activity related to bovine breeding; or
(ii) the stoppage or regulation of supply of electricity, water or any other
service.
Power to make
application to
courts for
restraining
apprehended
bovine breeding
activities in
contravention of
this Act
20. (1) Where it is apprehended by the Authority, that any person, firm,
company or Non -government Organization is engaged in the bovine
breeding services or trading and supply of semen/ embryo in
contravention of the provisions of this act or rules made there under, the
Authority or any officer authorized by it, may file a complaint in the
court of Judicial Magistrate First class for restraining the said person
from carrying out the said activity.
(2) On receipt of an application under sub -section (1), the Court may pass
an order restraining any such person, to carry out the said activity or
given such directions or pass such order as it may deem fit.
Penalties 21. (1) Any per son who contravenes or violates any provision of this Act or
rules made thereunder, shall be punished with rigorous imprisonment
up to one year or a fine up to one lakh rupees or both.
(2) The fine so imposed, may be recovered from the person concerned, a s
arrears of land revenue.
Cognizance of
offences
22. (1) No court shall take cognizance of any offence under this act, except on
a complaint made by the Authority or any officer authorized by it in
this behalf.
(2) No court inferior to that of a Judicial Magistrate of the First class shall
try any offence punishable under this Act.
(3) No prosecution for offences punishable under this Act shall be
instituted, except with the prior sanction of an officer authoriz ed in this
behalf by the Authority, by notification.
(4) Production, possession, distribution, sale, transfer in any form, import -
export or use of unauthorized semen or misbranded or sub -standard
semen shall be a cognizable offence under this Act.
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[The Uttarakhand Bovine Breeding Act, 2018]
Chapter V
Miscellaneous
Report of
recognized
Laboratory
23. Any document purporting to be a report duly issued by a recognized
laboratory may be used as evidence of the facts stated therein in any
proceedings under this Act.
Local
Authorities to
assist
24. All local authorities shall render such help and assistance and furnish such
information to the Authority, as it may require for discharge of its functions
and shall m ake available such records for inspection and examination as
may be necessary.
Reports 25. The Authority shall furnish to the Government such reports, statics and
other information with respect to its funds, activities or policies as required
by the Government, from time to time.
Experts, Officers
and officials of
the Authority to
be public
servants
26. All expert, officer and official of the Authority, when acting or purporting to
act in pursuance of any of the provisions of this Act and the rules made
thereunder shall be deemed to be public servants under section 21 of the
Indian Penal Code.
Bar on
jurisdiction
27. No civil court shall have any jurisdiction in any matter, in resp ect of which
the Government or any other person or authority is empowered by this act to
take cognizance, and dispose it of, and the manner in which the Government
or such person or authority may exercise any power, vested in it or him by
or under this Act.
Protection of
action taken in
good faith
28. No suit or other legal proceedings shall lie against any member, officer or
officials, of the Authority in respect of anything which is in good faith and
public interest, done or intended to be done in pursuance of this Act or the
rules made thereunder.
Power of
Government to
make rules
29. (1) The Government may, by notification in the official Gazette make rules
for carrying out the proposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, the Government may make such rules, as may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be, after it
is made, before the house of the State Legislature.
Power to remove
difficulties
30. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by an order published in the official Gazette, make
such provisions consistent with the provisions of this Act as may appear
to be necessary for removing the difficulty;
Provided that no orders und er this sub section shall be made after the
expiration of a period of two years from the commencement of this Act.
(2) The Government may issued such guidelines to the Authority as it is
expedient for the purpose of implementation of the provisions of this
Act.
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[The Uttarakhand Bovine Breeding Act, 2018]
Funds of the
Authority
31. The budgetary allocation for the performance of the Authority shall be
done from the head of Uttarakhand Livestock Development Board.
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