The Andaman and Nicobar Islands Live-stock Improvement Regulation 1955

EXTRAORDINARY. PUBLISHED BY AUTHORITY No.1, PORT BLAIR, TUESDAY, JANUARY 31, 1956, Port Blair, the 30th January 7956. l.y the President under clause (3) of article 243 of the Constitution and published in the Gazette of India, her l!1t).i, is herehv repuhlishcd fOI' g'('ncr!l.l information:- l">l'omnlg1\te(l h.v the President in the ,'ixth YC<l1' of the Il.epuulic of' Ludia, A -I~egnb tion to provide Ior the improvement or '- .•. , e Tn exercise of the powers conf'cn-cd hy (~1i\,11<;e (:2) or articlo 2J.3 01' the Constitution, the I'resirlent is pleased to promulgnte the following Hcglliation made l1Y IJ im:- 1. (I) This Regulation may be called the Andarnan and Nicobar Short I (2) It extends to the- whole of the Andaman and Nicob:tr Islands. niti ons. f J_" , . nt ck leer. lis which e luso l and' -v ocati on of ce nees. Surrender of ~. (3) It shall come into force at once in the Andaman Islands; and the Chief Commissioner may, by notification in the Official Gazette, apply all or any of its provisions to any other area in the Andaman and Nicobar Islands from such date as may be specified in the notification. 2. In this Regulation, unless the context otherwise requires,­ (a) "bull" includes a buffalo-bull ; (b) "Chief Commissioner'" means the Chief Commis- sioner. of the Andaman and Nicobar Islands; • (c) "cow" includes a buffalo-cow and a heifer; (d) "licence" m~ans a licence granted under section 4 ; (e) "Live-stock Officer" means. the' person on whom the powers or duties of the Live-stock Officer under this Regulation are conferred or imposed under section 3 ; (f) "prescribed" means prescribed by rules made under this Regulation; . !£~ (y) ~.iJ~~_..:::2 (h) a person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody; and (i) a bull is said to be "castrated" if it is rendered incap­ able of propagating. its.species. . 3. The Chief Commissioner may, by general or special order, confer or impose on any person all or any of the powers or duties of the Live-stock Officer under this Regulation. ' , ' 1C /)~ vv:-.~ ~ 4. (1) No person shall keep a b_ull which .has attained the ~- () f+ed ag. except under and in accordance with the terms, conditions and restrictions of a Iicence granted under this section, unless it is certified by the Live-stock Officer that the boll has been effectively castrated by a method and In a manner approved by him. Explanaiion.:_ Where a person keeps ,more than one bull, he shall obtain a separate licenoe in respect of each bull. • c (2) Every licence under this section. shall be granted by the Live-stock Officer and it shall be in such form, for such period, and subject t<1 such terms, conditions and restrictions as may be prescribed. . (3) No fee shall be charge 1 for the grant of the licence. 5. (1) Subject to such rules as may be made in this behalf, the Live-stock 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 other disease rendering the bull unsuitable for breeding purposes, or (c) of a breed which it is undesirable to propagate. , (2) The Live-stock Officer may also revoke a licence granted in respect of any bull, if in his opini n- • (u) the licence was granted under circumstances of which he was not aware at the time of granting the licence, or . (b) there has been a breach of any of the terms, condi- tions or restrictions of the licence. (3) Before a licence is revoked under this section, the Live-stock Officer shall give notice thereof to the person keeping til bull or to the per on tared in the licence to be the owner of the bull, and such notice shall set out the ground for the revocation. 6. A licence granted in respect of a hull skill be surrendered without delay to the Live-st ck Officer, if- (0) the period specified in the licence expires, or (b) the licence is revoked under this Regulation, or 1 ~J)_: •••• , i f, to I' 7.. The Live-stock 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 t reasonable assistance in connection with such inspection to the Live-stock Officer or the officer or person so deputed, as the case may be. , 8. (/) The Live-stock.Officer may, by order, require any person keeping a'bull which in his opinion has attained theeped£iae a~e and ~ respect of which no licence is for the time, oemg in force under this Regulation to have it castrated within' one month from the date of the service of the order, by a method and in a manner approved by the Live-stock Officer and specified in the order. (2) Such castration shall be performed or caused to be perform­ ed by the I Live-stock 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 keeping a bull who is not the owner of the bull, it shall be the duty of that person forthwith to take all reason­ able 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 idemnify the owner against any loss which 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 lieence has been obtained and is in force, to produce such licence,- (d wit in a rea, o a Ie ime, t an 1:1 e where the bull is icu L,le tune bing. { d rnand made by II e Live-stock Oflicer o :--',' r;ffi-;:"'r of the A.~;,::ulture De artr • 11 t below 'the tank of 'f,ri~ul.u •. d Assistan, 'Or an officer c, tl , Revenue Depart­ me, ~ .ret vel w the rat - of I shsildar V~ • h other offi':er as may l,;: auth, rised in I,is behalf by the Chief. Commissioner by general or special order, or : (b) before cow is s=rved by the bull, on demand made by the person in charge uf the cow. 11. Vlkever- •• (" I'.t" ps at, •. p .. cr-nu avention of t'I'S ~ egulation 0 of a., ..- \.,: order rr t~l:![euoder, or of any of file terms, ,(., neglects or I~ :., -.0 cubr it a bull f,)l inspection when required to do so unde , sect ion 7, or {c) neglec or fa:is 1.0 com ply", ith an order 5 rv d under secuo« 8, or f) (u) neglects or fail" to produce a licence -hen re uired l do so under section 10, shall be punishable with fine which may extend to fifty ru e s, and in the case of a second or any s bsequent offence with fine 12 ~:) l( a person wh-: "«~'s a bull neg'_cts or f ils t submit it for in:'r'';!clicn, w] en t"~l. ,.:l to do so under '''~t;on 7, r to I ave it cast ated, ,. hen required '0 do so under secti n 8, the Live-stock Officel.. r direct th it til' 1]1 shall be castrated by a method and in a roam er ap roved by Lun all marked With a res ri ed mark in the prescrl ed m nncr, f:ee of chnrge. (2) If It is not known ill "ho.:e ownership. rsses ion or custod y a bull is for the time being .j the fact en not e ascertained after an, inqu'ry in the prescribed manner, th Live-: to l.: Ot1i -cr may seize the bull or cau it to be seized and, ." he 'I of opini n that the bull uas ~ tained the .,' ;er~ nd s unsuitable or breedinn purposes en any of the C'\!l',h C' • in section (1) of " {'tinn <;, I", mav direct t"~ the lull shall be tastra.cd l v a method r ns pecti on of bulls. Power 10 order cas­ tration of bulls. Duty to inform owner of contents of notice or order of cas­ tration. Production of licence. Penalties. Pow r of Live-st ocl 10 C3'- Power stock Officer to inspect or mark bulls and to enter premises. Duty 01 officers to re.port offences, etc. Cognizance of offences. Officers to he public servants. 11., r of ceedings. Lirn it a ti on suits and 'j' (3) Every bull seized under sub-section (2) shall, after it has been castrated and marked as aforesaid tvhere necessary, be sold by ~ public auction or sent to a pinjrapoie or infirmary recognised by the , Chief Commissioner in this behalf. I (4) If the owner of any bull seized under sub-section (2) appears before the Live-stock Officer within, such time as may be prescribed for the purpose and proves to the satisfaction of the Live-stock 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 costs, charges and expenses incurred for the main- tenance and sale of the bull; and ~ (ii) in any other case, the bull shall be delivered to the owner on payment of the costs, charges and expenses incurred for its maintenance, (5) The amount of such costs, charges and expense hall be determined in accordance with the prescribed scale. . 13. For the purposes of this Regulation, the Live-stock Officer: or any officer or person authorised 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 pres- cribed 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 dutx._ of all ~illage officers and servants and of all officers of the Veteriiitrrv, Agriculture and Revenue Depart­ ments- j (a) to give immediate information to the Live- tock Officer of the commission of any off.ence or of the intention or preparation to commit any offence punishable under this Regula- tion, which may corne 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 commit- ted; and ' (c) to assist the Live-stock Officer in carrying out the provisions of this Regulation. 15. No magistrate of the third class shall try any offence punish­ able under this Regulation, unless he is specially empowered by the Chief Commissioner in this behalf. . 16. The Live-stock Officer, all persons and officers authorised by him under this Regulation and all village officers and servants while discharging their functions under this Regulation, shall be deemed to be public servants within the meaning of section 21 of the Indian XLV of Penal Code.j . , 1860. 17. (I) No suit, prosecution or other proceeding skill lie against any officer or ser ant of the Government for any act done or purporting to be done under this Regulation, without the previous sanction of the Chief Commissioner. . (2) No officer or servant of the Government shall he liable in respect of any such act in any civil or criminal proceeding, jf 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 Regulation. 18. Notwithstanding anything contained in any other 1n\V for the time being in force, no suit shall be institute I again t the Govern­ ment ancl no suit, 'prosecution or other proceeding hall be institut­ ed azalnst any officer or servant of the Government in respect of any act done' or purporting to be done under this Regulation, unle: s the suit, pro ecution or orh r proceeding is instituted within i x months from the date of the act rnplained 0(. himself as to the legality or propriety of such order or as to the regularity of such proceedings, and may pass such order in reference thereto as he thinks fit. (2) Nothing contained in this section shall apply to the orders or proceedings of any Court or 11agistrate. 20. (1) The Chief Commissioner may, subject to the condition Power to . of previous publication, by notification in the Official Gazette, make make rules. rules to carry out the purposes of this Regulation. (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 Regulation 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 Regulation and the procedure to be followed by such officers; and (d) the service of notices and orders issued under this Regulation. (3) In making a rule under sub-section (1) or sub-section (2), the Chief Commissioner may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to fifty rupees. 21. The Chief Commissioner may, ~order in writing, exempt Exemption. from the provisions of this Regulation any bull. dedicated to a religious purpose in accordance with any religious usage or custom, if- (a) immediat Iy before such dedication notice has been given in the prescribed manner to the Live-stock Officer, or (b)' where no such notice his been given, 'the Chief Com­ missioner is satisfied that such dedication ,has been made in good faith. Assistant Secreiaru (Judicial) to the Chief Commissioner, Andaman and Nicobar Islands. PUBLISHED BY AUTHIRITY • No. zs. PORT BLAIR. TBlJRSDAY, DEC. 8, 1911/AGRABAYANA 17, 1~- . ANnAMAN AND NICOBAR .ADMINISTRATION~ . , NOTIFICATION. promnlgated by the President is reproduced for general information. ~ -,. :By order, AMI. Sec7"ttary to the Chief C017l7ni8riMser. ------. . THE ANDAMA.N AND NIOOBAR IS:(;ANDS LIVE .. STOCK IMPROVEMENT (AMENDMENT) REGULATION, 1900 No. 4 o:r 1900 . Promulgated by the l'resident in the Eleventh Year of A . ~ to amend the And&1J1An and Nioohar Islands Live •. atook Improvement Regulation, 1955. :ftl e~ of tM powers oonferred by article 240 of the Constitution. the President is pleased to promulgate the fono~ .Regulation made by him :- L (1) ""-:- ~ion may be ~11_~ the Andaman and Sallft title ud ~~ \noUCU, c_tDOllcement. Nieo~ Islands ive-stock Improvement (Amendment) Regulation. 1960. •• . ' -. (2) It shall eome into force at once. Amend !Ileat of S. In the ADd~n a.nd Nioobar IslAl\dw Dive-stock R~ulatioo 5 01 <i> elsuee (0) of section ~ shall be omitted; and . (") f.or the words "speci1ied age tt wherever, they occur the \fords, "prescribed age U shall be substituted. • R.A.JE1\"1)RA PRASAD;