The Andaman and Nicobar Islands Live-stock Improvement Regulation, 1955.

REGISTERED No. D. 221 The Gazette of India PART II—Section 1 PUBLISHED BY AUTHORITY No. 67] NEW DELHI, FRIDAY, DECEMBER 30, 1955 MINISTRY OF LAW New Delhi, the 30th December, 1955. THE ANDAMAN AND NICOBAR ISLANDS LIVESTOCK IMPROVEMENT REGULATION, 1955 No. 5 OF 1955 Promulgated by the President in the Sixth Year of the Republic of India. A Regulation to provide for the improvement of live-stock in the Andaman and Nicobar Islands. In exercise of the powers conferred by clause (2) of article 243 of the Constitution, the President is pleased to promulgate the following Regulation made by him: — 1. (1) This Regulation may be called the Andaman and Nicobar Islands Live-stock Improvement Regulation, (2) It extends to the whole of the Andaman and Nicobar Islands. Short title, extent and commence- ment. (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 Com- missioner of the Andaman and Nicobar Islands; (c) "cow" includes a buffalo-cow and a heifer; Definitions. (d) "licence" means 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; (g) "specified age" means the age of two years in the case of a bull; (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 incapable of propagating its species. Appoint- ment of Live- stock Officer. 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 Re- gulation. Bulls which have attained specified age to be licensed. . 4. (1) No person shall keep a bull which has attained the specified age except under and in accordance with the terms, conditions and restrictions of a licence grant- ed under this section, unless it is certified by the Live-stock Officer that the bull has been effectively castrated by a method and in a manner approved by him. Explanation.—Where a person keeps more than one "bull, he shall obtain a separate licence in respect of each bull. (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 to such terms, conditions and restrictions as may be prescribed. Refuesl and revocation of licences. (3) No fee shall be charged for the grant of the licence. 5. (j!) 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 pro- geny, or (b) suffering from an incurable contagious or in- fectious disease or from any other disease rendering the bull unsuitable for breeding purposes, or (c) of a breed which it is undesirable to pro- pagate. (2) The Live-stock Officer may also revoke a licence granted in respect of any bull, if in his opinion— (a) the licence was granted under circumstances of which he was not aware at the time of granting the licence, or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 575 (b) there has been a breach of any of the terms, conditions or restrictions of the licence. (3) Before a licenc eis revoked under this section, the Live-stock Officer 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, and such notice shall set out the ground for the revocation. 6. A licence granted in respect of a bull shall be sur- rendered without delay to the Live-stock Officer, if— (a) the period specified in the licence expires, or (b) the licence is revoked under this Regulation, or (e) the bull dies, or is certified by the Live-stock Officer to have been effectively castrated by a method and in a manner approved by him. Surrender ot' licence. 7. The Live-stock Officer may by order require any person keeping a bull to submit it for inspection by him- self 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 reason- able 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 connection with such inspection to the Live- stock Officer or the officer or person so dtfputed, as the case may be. Inspection of DUIIB, 8. (1) The Live-stock Officer may, by order, require any person keeping a bull which in his opinion has attain- ed the specified age and in respect of which no licence is for the time being 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 ap- proved by the Live-stock Officer and specified in the order. (2) Such castration shall be performed or caused to be performed by the Live-stock Officer free of charge, un- less the owner or other person keeping the bull desires to make his own arrangements for complying with the order. Power to order cas- tration of bulls. 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 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 which the owner may sustain by reason of such failure. Duty to inform owner of contents of notice or order of cas- tration. 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,— Production of licence. (a) within a reasonable time, at any place where the bull is for the time being, on demand made by the Live-stock Officer or an officer of the Agriculture Department not below the rank of Agricultural Assis- tant, or an officer of the Revenue Department not below the rank of Tahsildar or such other officer as may be authorised in this behalf by the Chief Com- missioner 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. Penalties. 11. Whoever— (a) keeps a bull in contravention of this Regula- tion or of any rule or order made thereunder, or of any of the terms, conditions or restrictions of a licence, or (b) neglects or fails to submit a bull for inspec- tion 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, shall be punishable with fine which may extend to fifty rupees, and in the case of a second or any subsequent offence with fine which may extend to one hundred rupees. Power of Live-stock officer ro cas- trate bulls. 12. (1) If a person who keeps a bull neglects or fails to submit it for inspection, when required to do so under section 7, or to have it castrated, when required to do so under section 8, the Live-stock Officer may direct that the bull shall be castrated by a method and in a manner approved by him and marked with a prescribed mark in the prescribed manner, free of charge. (2) If it is not known in whose ownership, possession or custody a bull is for the time baing and the fact cannot be ascertained after an inquiry in the prescribed manner, the Live-stock Officer may seize the bull or cause it to be seized and, if he is of opinion that the bull has attain- ed the specified age and is unsuitable for breeding pur- poses on any of the grounds specified in sub-section (1) of section 5, he may direct that the bull shall be castrated by a method and in a manner approved by him and mark- ed with a prescribed mark in the prescribed manner, free of charge. (3) Every bull seized under sub-section (2) shall, after it has been castrated and marked as aforesaid where necessary, be sold by public auction or sent to a pinjrapole or infirmary recognised by the Chief Commissioner jn this behalf. (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 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY ^77 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 maintenance 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 expenses shall 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 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 reeson to believe that a bull is kept. Power of Live- stock Officer to inspect or mark bulls and to enter premises. 14. It shall be the duty of all village officers and servants and of all officers of the Veterinary, Agriculture and Revenue Departments— (a) to give immediate information to the Live- stock Officer of the commission of any offence or of the intention or preparation to commit any offence punishable under this Regulation, 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 (e) to assist the Live-stock Officer jn carrying out the, provisions of this Regulation. Duty of officers to report offences, etc. 15. No magistrate of the third class shall try any offence punishable under this Regulation, unless he is specially empowered by the Chief Commissioner in this behalf. Cogn izance of offences. 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 Penal Code.XLV of i860. Officers to be public servants. 17. (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Regula*- Bar of certain pro- ceedings. tion, without the previous sanction of the Chief Com- missioner. (2) No officer or servant of the 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 Regulation. Limitation for certain suits and prosecutions. 18. Notwithstanding anything contained in any other law for the time being in force, no suit shall be instituted against the Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government jn respect of any act done or purport- ing to be done under this Regulation, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of. Revision. 19. (1) The Chief Commissioner may, at any time either suo motu or on application made to him, call for and examine the record of any order passed by, or any proceedings recorded by, any officer or person under this Regulation, for the purpose of satisfying himself as to the legality or propriety of such order or as to the regu- larity 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 Magistrate. Power to mifcj rules 20. (I) The Chief Commissioner may, subject to the condition of previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Regulation. (2) In particular, and without prejudice to the genera- lity 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 Regu- lation and the procedure to be followed by such officers; and (ci) the service of notices and orders issued under this Regulation. (3) In making a rule under sub-section (I) 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. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 579 21. The Chief Commissioner may, by order in writing, exempt from the provisions of this Regulation any bull dedicated to a religious purpose in accordance with any religious usage or custom, if— (a) immediately before such dedication notice has been given in the prescribed manner to the Live-stock Officer, or (b) where no such notice has been given, the Chief Commissioner is satisfied that such dedication has been made in good faith. Exe mption. RAJENDRA PRASAD, President. Secy, to the Govt. of India. PRINTED IN INDIA BY THE MANAGER, GOVT. OF INDIA PRESS. NEW DELHI AND PUBUSHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1956