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The West Bengal Livestock Improvement Act, 1954

West Bengal · state statute
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West Bengal Act XXXIV of 1954 
THE WEST BENGAL LIVESTOCK IMPROVEMENT 
ACT, 1954. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extra-ordinary, of the 29th October, 1954.] 
An Act to provide for the improvement of livestock in 
West Bengal. 
It is hereby enacted in the Fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows — 
1. (1) This Act may be called the West Bengal Livestock Short title Improvement Act, 1954. 	 and extent. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in the Definitions. subject or context,— 
(a) "adult person" means a person of or above the age of eighteen years; 
(b) "approved bull" means a bull certified as such under section 8 by the Livestock Officer; 
(c) "artificial insemination" means the method of breed-
ing whereby semen is collected from the male 
animal, held under artificial conditions outside the 
animal body and later introduced into the female animals; 
(d) "bull" means a male bovine animal above the age of 
two years, which has not been effectively castrated; 
(e) "calf" means a male bovine animal which is not 
above the age of two years; 
(I) "castration" means rendering a male animal incap-
able of propagating its species; 
(g) "Collector" means the Collector of the district and 
includes an Additional Collector or a Deputy 
Collector to whom the Collector of the district may, 
by a written order, delegate his powers under this Act ; 
(h) "dedicated bull" means a bull dedicated to the public 
in good faith by a person in accordance with any religious custom or usage; 
(i) "Director" means an officer appointed by the State 
Government as the Director of Veterinary Services and Animal Husbandry; 
Price—Indian, annas 3 ; English, 4d. 
.40111011''  
2 The West Bengal Livestock Improvement Act, 1954. 
[West Ben. Act 
(Sections 3-5.) 
(j) "Livestock Officer" means an officer appointed by the 
State Government to perform the functions, and 
to exercise the powers, of a Livestock Officer under 
this Act ; 
(k) "prescribed" means prescribed by rules made under 
this Act ; 
(1) "specified area" means an area which has been declar-
ed as such by notification under sub-section (1) of 
section 3. - 
Power to 
specify 
areas for 
purposes 
of the Act. 
No person 
to bring a 
bull other 
than an 
approved 
bull in a 
specified 
area. 
No person 
to keep 
any bull 
in a speci-
fied area 
other than 
an approv-
ed bull. 
3. (1) Where, in respect of any area within the State' 
the State Government,— 
considers that it is desirable to take measures for the 
improvement of livestock, and 
(b) is satisfied that the number of bulls in the area, which 
are fit to be certified as approved bulls under 
section 8, is sufficient to maintain the rate of 
propagation of the species, whether by natural 
breeding or by artificial insemination or by a com-
bination of both methods, 
the State Government may, by notification in the Official 
Gazette, declare the area to be a specified area for the pur-
poses of this Act and thereupon the provisions of sections 4 to 
25 (both inclusive) shall come into force in such area. 
Every such notification shall be published by affixing at 
each police-station, sub-registry office and union board office 
within the specified area. 
(2) The State Government may, by notification in the 
Official Gazette, cancel at any time a notification under sub-
section (1) in respect of the whole or part of any specified area. 
(3) The validity of a notification under sub-section (1) or 
sub-section (22) shall not be called in question in any proceed-
ing before a court or any other authority. 
4. No person. may bring into a specified area from any 
place outside it a bull other than an approved bull. 
5. Nd person may, on the expiry of three months from the 
date of the notification under sub-section (1) of section 3, 
have or keep in his possession, in the specified area,, referred 
to in the notification, a bull other than an approved bull. 
(a) 
• The West Bengal Livestock Improvement Act, 1954. 3 
XXXIV of 1954.1 
(Sections 6-9.) 
6. Every person, who on the date of the issue of the 
notification under sub-section (1) of section 3, has, in the 
specified area referred to in the notification, in his 'possession 
a bull, 8414, within one month of the date of the notification, 
and every person, who on such date or subsequently has in his 
possession in such area a calf, shall, within one month of the 
calf attaining the age of two, give intimation in writing of 
such possession to the Livestock Officer. 
7. If the Livestock Officer receives from a person in 
possession of a bull intimation of such possession, or if he has 
reason to believe that any person in the specified area has 
his possession a bull, he may, by order in writing, require 
such person to produce the bull for his inspection on a date, 
at a time and at a place within three miles of the 
residence of such person specified in such order; and such 
person shall thereupon produce the bull for the inspection of 
the Livestock Officer on such date and at such time and place, 
and render the Livestock Officer all reasonable assistance in 
connection with such inspection. 
Duty to 
notify 
Livestock 
Officer. 
Power of 
Livestock 
Officer to 
require 
production 
of bull for 
inspection. 
8. If, on inspection of a bull, the Livestock Officer is Power of 
satisfied that the bull— 	 Livestock 
Officer to 
(a) is not of a breed which it is undesirable to propagate 	 t cerify bull as in the specified area; approved 
(b) is capable of being used for breeding purposes; 	 bull.  
(c) is not of defective or inferior conformation and not 
likely to propagate defective or inferior progeny; 
and 
(d) is free from incurable, infectious, contagious or herit-
able disease, 
the Livestock Officer shall certify the bull to be an approved 
bull and cause it to be branded with a prescribed mark and 
have an identifying number tattooed on its body in the pres-
cribed manner. 
9. (1) If, on inspection of a bull, the Livestock Officer is 
satisfied that the bull is not fit to be certified as an approved 
bull under section 8, the Livestock Officer shall, by order in 
writing, direct the owner or the person in possession of the bull 
to have it effectively castrated and to produce it for inspection 
after such castration within a time specified in the order, 
provided that such period of time shall not be less than six 
weeks. 
(2) The owner or the person in possession of a bull, who, 
has been so directed under sub-section (1), shall have the bull 
effectively castrated and produce it -before the Livestock 
Officer within the time specified in the order in writing. 
Power -td 
require 
unfit bull 
to be 
castrated. 
• 
4 The West Bengal Livestock Improvement Act, 1954. 
[West Ben. Act 
(Sections 10-14.) 
(3) If the owner or the person in possession of the bull 
_ fails to comply with an order under sub-section (I), the Live-
stock Officer shall have the power to seize the bull and to have 
it effectively castrated. 
Castration 	 10. Any person in a specified area, who owns a calf or a 
of ca lf o r  bull, may produce it before the Livestock Officer and request bull free of h i m to him to have the animal castrated. On receiving such a charge. 
re request the Livestock Officer shall, unless he has ason to 
think that castration will be injurious to the health of the 
animal, have it castrated free of charge. 
Branding 	 11. Whenever the Livestock Officer has a calf or a bull of oastrat- castrated in pursuance of the foregoing sections, he shall ed calves or have the animal branded in theprescribed manner. bulls. 
Dedicated 	 12. No person in a specified area may dedicate a bull, bulls to be other than an approved bull, to the public in accordance with approved 
bulls. 	 any religious custom or usage or otherwise. 
Power of 
Livestock 
Officer 
regarding 
dedicated 
bulls. 
13. (1) The Livestock Officer shall have powers of seiz-
ing and inspecting a dedicated bull, if it is not an approved 
bull. 
(2) If, on such inspection, he considers the bull to be fit 
for certification as an approved bull, he shall certify and 
brand the bull in the prescribed manner and may entrust the 
bull to the custody of any person for care and maintenance : 
Provided that where the Livestock Officer certifies a dedi-
cated bull as an approved bull and entrusts it to the custody 
of any person, no fees may be charged by any person for 
breeding service by such a bull. 
(3) If, on inspection of a dedicated bull, the Livestock 
Officer considers the bull to be not fit for certification as an 
approved bull, he shall have the bull removed from the speci-
fied area to a place or institution outside such area, approved 
of by the Director for the care and maintenance of such bulls. 
Power of 
Livestock 
Officer 
regarding 
ownerless 
Or 
abandoned 
bulls. 
14. (1) If the Livestock Officer has reason to believe that 
a bull, not being a dedicated bull, has no owner, or has been 
abandoned by its owner, he shall have the power to seize and 
inspect the bull. 
(2) (a) If, on inspection, he is satisfied that the bull is 
fit for certification as an approved bull, he shall certify and 
brand the bull and also issue a notice in the prescribed 
manner, calling upon the owner of the bull, if any, to file a 
claim within a specified period of time which shall not be less 
than fifteen days. 
The West Bengal Livestock Improvement Act, 19,54. 	 5 
XXXIV of 1954.] 
(Sections 15, 16.) 
(b) If a claim is filed within the specified period and, if 
on making such enquiries as may be considered necessary, the 
Livestock Officer finds that the claim has been substantiated, 
he shall cause the bull to be returned to the claimant on the 
claimant making payment of such amount not exceeding 
twenty rupees, as the Livestock Officer may direct, on account 
of the costs of the seizure and maintenance of the bull and the 
publication of the notice under clause (a). 
(c) If no claim is filed, or if the Livestock Officer, after 
making such enquiries as may be considered necessary, rejects 
the claim, or if the claimant fails to pay the amount which 
the Livestock Officer has directed him to pay under clause (b), 
the Livestock Officer shall direct that the bull be forfeited 
to Government. 
(3) (a) If, on inspection, the Livestock Officer is satisfied 
that the bull is not fit to be certified as an approved bull, he 
shall have the bull castrated and branded in the prescribed 
manner and sell it by public auction and keep the sale pro-
ceeds in deposit. 
(b) Any person claiming to be the owner of the bull so 
seized and sold, may file a claim before the Livestock Officer 
within three months from the date of the sale. 
(c) If, on making such enquiries as may be considered 
necessary, the Livestock Officer finds that the claim has been 
substantiated, he shall direct the sale proceeds to be paid to 
the claimant after deduction of an amount, not exceeding 
fifty rupees, as he may assess as the expenditure incurred for 
the seizure and maintenance of the bull, the publication of the 
notice and the holding of the auction under clause (a) . 
(d) If no claim is filed within the period of three months 
from the date of sale, or if on making such enquiries as may 
be considered necessary the Livestock Officer finds that the 
claim has not been substantiated, the Livestock Officer shall 
direct that the sale proceeds be forfeited to Government. 
15. The Livestock Officer or any other person authorised 
by him in writing in this behalf may inspect any bull in a 
specified area, in order to ascertain whether such bull is an 
approved bull or whether it has been castrated and branded 
or tattooed in such manner as is required under this Act. 
16. The Livestock Officer may by order in writing require 
any person to allow bulls, cows and calves in his possession 
to be vaccinated or inoculated against an infectious or conta-
gious disease either by the Livestock Officer himself or by 
any other person authorised by him in writing in this behalf. 
Power of 
Livestock 
Officer to 
inspect 
bulls. 
Power of 
Livestock 
Officer to 
require 
bulls, cows 
and calves 
to be 
vaccinated 
or in-
oculated. 
Power of 
entry. - 
Appeal 
against 
order 
refusing to 
certify 
bull as 
approved 
bull or 
directing 
bull to be 
castrated. 
6 The West Bengal Livestock Improvement Act, 1954. 
[West Ben. Act 
(Sections 17-19.) 
17. The Livestock Officer or any person authorised by 
him in writing under section 15 or section 16 may enter any 
premises, after informing an adult male person resident or 
in- charge of such premises, at any tithe between sun-rise and 
sun-set for the purpose of inspecting, branding or tattooing 
or inoculating or vaccinating any bulls, cows or calves. 
18. (1) Any person, who is aggrieved by an order of 
the Livestock Officer refusing to certify a bull as an approved 
bull under section 8 or by an order of the Livestock Officer 
under section 9 directing him to have the bull castrated, may 
file an appeal in the prescribed manner before the Director 
within thirty days of the date of the order. 
(2) On such an appeal being filed before the Director, the 
Director may direct the stay of the operation of the order of 
the Livestock Officer until the disposal of the appeal. 
(3) The Director shall call for a report from the Live-
stock Officer and may direct a local enquiry to be made by an 
officer, other than the officer from whose order the appeal is 
filed, appointed by him in this behalf. 
(4) The Director shall, after considering the report of the 
Livestock Officer and the report of the local enquiry, if any, 
and after giving the appellant an opportunity of being heard, 
either allow or reject the appeal and pass such consequential 
orders, if any, as, he deems necessary. 
Appeal 
against 
certain 
orders 
under 
section 14. 
19. (1) Any person who is aggrieved by an order of the 
Livestock Officer as to the amount to be paid by him under 
clause (b) of sub-section (2) of section 14 or the amount which 
the Livestock Officer has directed to be deducted from the 
sale proceeds of the bull under clause (a) of sub-section (3) 
of section 14, or an order under clause (c) of sub-section (2) 
of section 14 rejecting his claim and forfeiting the bull to 
Government, may, within thirty days from the date of the 
order, file an appeal before the Collector in the prescribed 
manner. 
(2) On such an appeal being filed before the Collector, 
the Collector may direct the stay of the operation of the order 
of the Livestock Officer until the disposal of the appeal. 
(3) The Collector shall call for a report from the Live-
stock Officer and may direct a local enquiry to be made by an 
officer appointed by him in this behalf. 
(4) The Collector, after considering the report of the 
Livestock Officer and the report of the local enquiry, if 
any, shall pass orders confirming, vacating or modifying 
the order of the Livestock Officer. 
The West Bengal Livestock Improvement Act, 1954. 	 7 
XXXIV of 1954.] 
(Sections 20-25.) 
20. No person shall wilfully obstruct the Director, the 
'Collector, the Livestock Officer, or any person acting under 
the direction of the Director, the Collector or the authorised 
officer or any person authorised by the Livestock Officer under 
section 15 or section 16 in the performance of any functions 
or duties or in the exercise of any powers under this Act. 
Duty 
not to 
obstruct. 
21. No person may, without lawful authority, brand or Prescribed 
tattoo a bovine animal in a manner or with a mark resembling marks not 
the prescribed manner or the prescribed mark. 	 to be 
imitated. 
22. Whoever contravenes any of the provisions of this Penalty. 
Act or of any rules framed thereunder shall be punishable 
with fine which may extend to one hundred rupees, and in 
the case of a second or any subsequent offence with fine 
which may extend to five hundred rupees. 
23. No Magistrate or Court shall take cognizance of any No offence 
offence under this Act except upon a complaint made in to b° 
writing by the Director or the Collector or, the Livestock cep ex 
cognized 
t on Officer. 	 complaint 
of 
Director, 
Collector or 
Livestock 
Officer. 
24. No suit, prosecution or other proceedings shall lie Indemnity. 
against a servant of the State Government for any act done 
in good faith under this Act or the rules made thereunder. 
25. (1) The State Government may make rules for Power to 
carrying out the purposes of this Act. 	 • make 
rules. 
(2) In particular and without prejudice to the generality 
of the foreff
b
oing power, such rules may provide for all or 
any of the following matters, namely : — 
(a) anything required to be prescribed under this Act; 
(b) the manner in which a written order under section 7, 
sub-section (1) of section 9 and section 16 shall be 
served on the person concerned; 
(c) the manner in which notices under clause (a) of sub-
section (2) of section 14 shall be published; 
(d) the manner in which animals should be branded or 
tattooed under section 8, section 11, sub-section (2) 
of section 13, clause (a) of sub-section (2) of 
section 14 and clause (a) of sub-section (k3) of 
section 14 ; and 
(e) the manner in which appeals shall be filed before the 
Director or the Collector, as the case may be, under 
section 18 and section 9 and the fees to be paid 
for such appeals. 
WBGP-54/5-7106/1-5M 

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