KARNATAKA CATTLE LICENSING ACT, 1964
27 of 1964
22nd NOVEMBER, 1963
An Act to regulate the keeping of cattle in urban areas. Whereas, it is expedient in the interest of public health and sanitation to regulate the keeping of cattle in urban areas and for that purpose to provide for the licensing of cattle; Be it enacted by the Karnataka State Legislature in the Fifteenth Year of the Republic of India as follows
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Cattle Licensing Act, 1964.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force in such urban areas and with effect from such dates as the State Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different urban areas.
(4) Notwithstanding anything contained in sub-section (3), the State Government may, by notification, declare that the provisions of this Act other than this section shall cease to be in force in any urban areas on such date as may be specified in such notification and thereupon this Act shall stand repealed in such urban area and the provisions of Section 6 of the Mysore General Clauses Act, 1899 shall apply accordingly:
Provided that the issue of a notification under this sub-section shall not preclude the State Government from issuing a notification under sub-section (3) bringing the provisions of this Act into force in such urban area.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Appellate Authority" means an Appellate Authority appointed by the State Government by notification to be the Appellate Authority for any urban area or part thereof in which this Act has come into force;
(b) "Cattle" means any animals of the bovine species and includes buffaloes;
(c) "Family" with reference to any person means his spouse, parents, children, other relations and servants living together in the same mess;
(d) "Householder" means a person who occupies any premises as his dwelling;
(e) "Licence" means a licence issued under this Act;
(f) "Licensing Authority" means an authority appointed by the State Government by notification to be a licensing authority for any urban area or part thereof in which this Act has come into force;
(g) "Notification" means a notification published in the official Gazette;
(h) "Prescribed" means prescribed by rules made under this Act;
(i) "Urban Area" means.
(i) the area within any municipality, municipal corporation, municipal district, notified area, town area, or sanitary board area, declared as such under any law regulating municipal administration of such area; and
(ii) any area which the State Government, in view of its development and growing population, declares to be an urban area.
Section3 Cattle not to be kept in certain areas without licence
After the expiry of a period of six months from the date on which this Act comes into force in any urban area, no person shall keep any cattle in such area except under a licence.
Section4 Two classes of licences
(1) There shall be two classes of licences, namely.
(a) a licence granted to a householder in respect of cattle kept in his own premises primarily for the consumption of the milk by himself or by members of his family and for the sale of surplus, if any, not exceeding six litres on any one day;
(b) a licence granted to any person in respect of cattle kept in any premises or place for any purpose save as mentioned in clause (a).
(2) Licences referred to in clauses (a) and (b) of sub-section (1) shall be called respectively Class A and Class B licences.
Section5 Issue of licence
(1) Any person intending to have a Class A or a Class B licence shall apply to the licensing authority in the prescribed manner and the licensing authority may thereafter grant a licence under this Act or may after recording reasons therefor, refuse the application for a licence.
(2) Every licence shall be valid for such period as may be prescribed and may be renewed on application in the prescribed manner, to the licensing authority.
(3) Every licence shall mention the address of the premises or place where the cattle are to be kept and the maximum number and the description of cattle which may be kept under the licence; such address, number or description may be varied on application made in the prescribed manner to the Licensing Authority.
(4) The nature and type of shed to be provided for keeping cattle under a licence shall be such as may be prescribed, and no licence shall be granted unless the licensing authority is satisfied that a shed as prescribed has been provided.
(5) Every licence shall be subject to such conditions as may be prescribed.
Section6 Cancellation of licence in certain cases
Where the licensing authority has reason to believe that a person to whom a licence has been granted has contravened or failed to comply with the conditions of the licence or any provisions of this Act or the rules made thereunder, it may, after affording in the prescribed manner an opportunity to the licensee to show cause, cancel the licence or refuse to renew it.
Section7 Appeal
(1) Any person aggrieved by an order of a licensing authority, refusing his application for licence, or cancelling his licence or refusing to renew his licence, or by an order relating to any change of address or description or variation in number under sub-section (3) of Section 5 may, within thirty days of the date of service of such order, prefer an appeal against such order to the Appellate Authority, in the prescribed manner.
(2) The Appellate Authority shall deal with the appeal in the prescribed manner and shall pass such order thereon as it deems fit.
Section8 Prohibited areas
(1) Notwithstanding anything contained in the preceding sections, the State Government may, at any time after the date on which this Act has come into force in any area, declare by notification, such area or any part thereof as a prohibited area if it thinks fit so to do in the public interest.
(2) No Class B licence shall be issued in respect of any premises or place within a prohibited area and any such licence already issued or in force in respect of any premises or place in such area shall stand cancelled on the expiry of six months from the date of the issue of the notification under sub-section (1) or of the remaining period of licence whichever is earlier.
Section9 Power to enter or inspect premises or places
The licensing authority or such officer as may be authorised by it by an order in writing in this behalf shall have power to enter or inspect at any time between sunrise and sunset, any premises or place situate in any area in which this Act has come into force.
(i) in order to inspect any cattle or the arrangements for keeping cattle, in respect of which an application for a licence has been made or a licence has been issued; or
(ii) in order to ascertain if any cattle are being kept in contravention of the conditions of a licence or the provisions of this Act or the rules made thereunder, if he has reason to believe that cattle are being so kept.
Section10 Penalties
(1) Any person who.
(i) contravenes the provisions of Section 3; or
(ii) being the holder of Class A licence sells milk in excess of six litres on any one day; or
(iii) keeps cattle in any premises or place different from that mentioned in the licence; or
(iv) keeps cattle in excess of the maximum number, or different in description from, that stated in the licence, shall, on conviction, be punished with fine which may extend to one thousand rupees.
(2) Where a person is convicted of any offence under this section the Court may direct that the cattle in respect of which the offence is committed shall be forfeited to Government.
Section11 Rules
(1) The State Government may, by notification and after previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.
(a) the form of applications for licences, for renewal of licences or variations of the address, number and description in the licences;
(b) the fees to be paid for the grant of licences, the renewal of licences or variation of the address number and description in the licences;
(c) the forms of licences;
(d) the conditions of licences;
(e) the procedure to be followed by the licensing authority;
(f) any matter which may be or is required to be prescribed under this Act.
(3) In making a rule under this section, the State Government may provide that a contravention thereof or of condition of a licence shall be punished with fine which may extend to one thousand rupees.
(4) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section12 Power to exempt
The State Government may, by notification, exempt any institution, authority or person from the operation of this Act on such conditions as it may think fit, in respect of the keeping of such number and description of cattle as may be specified in such notification, for a scientific, educational or public purpose, if in its opinion, it is necessary so to do in the public interest.
Section13 Indemnity
No suit or proceeding shall lie against the State Government, and no suit, proceeding or prosecution shall lie against any officer of the State Government, the Licensing Authority or Appellate Authority for anything in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
Section14 Act to override other enactments
(1) The provisions of this Act shall have effect notwithstanding anything to the contrary in any other Act.
(2) Subject to the provisions of sub-section (1) the provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Bombay District Municipal Act, 1901 (Bombay Act No. Ill of 1901), the Bombay Municipal Boroughs Act, 1925 (Bombay Act No. VIII of 1925), the Bombay Provincial Municipal Corporations Act, 1949 (Bombay Act LIX of 1949), as in force in the Bombay Area; the Coorg Municipal Regulation, 1907 (Regulation No. II of 1907), as in force in the Coorg District; the Hyderabad District Municipalities Act, 1956 (Hyderabad Act No. XVIII of 1956), as in force in the Hyderabad Area; the Madras District Municipalities Act, 1920 (Madras Act V of 1920), as in force in the Madras Area; the Karnataka Mines Act, 1906 (Karnataka Act IV of 1906), the Karnataka City Municipalities Act, 1933 (Karnataka Act No. VII of 1933), the City of Bangalore Municipal Corporation Act, 1949 (Karnataka Act No. LXIX of 1949), and the Mysore Town Municipalities Act, 1951 (Karnataka Act No. XXII of 1951), as in force in the Mysore Area and the Karnataka Village Panchayats and Local Boards Act, 1959, (Karnataka Act No. 10 of 1959) and the rules, regulations, orders, notifications and bye-laws made thereunder.
RULE
KARNATAKA CATTLE LICENSING RULES, 1969
In exercise of the powers conferred by Section 11 of the Karnataka Cattle Licensing Act, 1964 (Karnataka Act 27 of 1964), the Government of Karnataka hereby makes the Karnataka Cattle Licensing Rules, 1969, the draft of the same having been published in Notification No. LMA 22(ii) MNY 67, dated 19th September, 1968 published as Standing Order No. 1981 in Part IV, Section 2-C(ii) of the Karnataka Gazette, dated the 23rd September, 1968, namely:-
Rule1 Title
These rules may be called the Karnataka Cattle Licensing Rules, 1969.
Rule2 Definitions
In these rules, unless there is anything repugnant to the subject or context.
(a) "Act" means the Karnataka Cattle Licensing Act, 1964 (Karnataka Act 27 of 1964);
(b) "Form" means a form appended to these rules;
(c) "Identification mark" means tattoo number or brand number or other mark of permanent nature on the body of any cattle made under these rules;
(d) "Inspector" means an officer appointed as Inspector by the State Government for the purpose of these rules;
(e) "Licence" means a person to whom a licence is issued under the Act;
(f) "Section" means a section of the Act.
Rule3 Nature and type of shed for keeping cattle
The nature and type of shed to be provided for keeping cattle under a licence shall be as specified in Appendix I.
Rule4 Application for the grant of a licence
(1) Any person intending to have a Class 'A' or Class 'B' licence shall apply to the Licensing Authority in Form I along with a fee of three rupees per head of cattle for the grant of licence. No fee, however, shall be payable for calves below one year intended to be covered by the licence.
(2) The Licensing Authority shall on receipt of such application and fee scrutinise the entries in the application form and may, if necessary, inspect or cause to be inspected any shed provided for keeping the cattle to find out whether such shed conforms to the specifications in Appendix I.
(3) After such scrutiny and after such inspection (if any) if the Licensing Authority is of opinion that the shed provided for cattle conforms to the specifications in Appendix I and there is no legal objection to the grant of the licence, the Licensing Authority shall direct the applicant in writing to produce the cattle for identification marks being made on their bodies before such officer and on such date or dates and at such place or places as may be specified in the direction and the applicant shall comply with such direction. The Licensing Authority shall thereupon grant the licence.
(4) Every licence shall be in Form II and shall be subject to the conditions specified therein.
Rule5 Duration and Renewal of licence
(1) Every licence shall be valid upto the 31st March next after the date of issue, unless renewed:
Provided that where an application for renewal is made at least one month before the date of the expiry of the licence, the period of validity of the licence may be extended by the Licensing Authority or the Appellate Authority pending the disposal of the application.
(2) Every application for renewal of a licence shall be made to the Licensing Authority at least one month before the expiry of the licence and shall be made in Form III along with the same fee as specified in sub-rule (1) of Rule 4.
Rule6 Cancellation of or refusal to renew a licence
Where the Licensing Authority proposes to cancel or proposes to refuse to renew a licence under Section 6, the Licensing Authority, before passing any order, shall call upon the Licensee by notice in writing, addressed by registered post to the address given in his licence or as varied on application under Rule 7, and stating grounds, to show cause within such date not less than fifteen days of the date of such notice as to why the licence shall not be cancelled or the renewal of the licence shall not be refused and give the licensee an opportunity of being heard.
Rule7 Variation of the address of the premises, place, number and description of cattle
An application referred to under sub-section (3) of Section 5, for variation of the address of the premises or place or the number or description of the cattle kept under a licence shall be made in Form IV and shall be accompanied by a fee of one rupee, if the variation refers to the address of the premises or place or the description of cattle and if it relates to the number of cattle by a fee of three rupees per head of cattle in excess of the cattle for which fee has already been paid.
Rule8 Refund of fees paid for licence
Where a licence or the renewal of a licence or the variation of a licence is refused, the applicant shall be entitled to the refund of any fees paid by him for the purpose.
Rule9 Duplicate Licences
Where the Licensing Authority is satisfied that the licence has been lost or destroyed or mutilated, it may issue a duplicate licence on payment of a fee of one rupee per licence:
Provided that where a licence is mutilated, the licensee shall surrender such mutilated licence to the Licensing Authority
Rule10 Manner of preferring an Appeal
10 Manner of preferring an Appeal
(1) An appeal to the Appellate Authority under Section 7 shall state clearly the grounds of appeal.
(2) The Appellate Authority shall give the appellant an opportunity of being heard before it passes any order.
APPENDIX I
SPECIFICATION OF THE NATURE AND TYPE OF SHED TO BE PROVIDED FOR CATTLE
A: Minimum floor space for housing per head of cattle shall be as follows.
Class of Cattle
Feeding
Passage. Manger or Trough
Standing
Gutter or dung channel
(with round edge of 0-5"radius)
Passge
Total Transverse
width
Total Floor Space
Rear in single row shed
Central in double row shed
Single row shed
Double row shed
Single rows shed
Double row shed
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Adult
3'
2'-6"
5-9"
l'-6"
4"
5"
6'-9'
30'-6"
4'-6"
16'-9" x 4'-16"
30'-6" x 4'-6"
Youth Stock (1 year and above)
3'
2'
4'-9"
l'-6"
3"
4"
14'-3'
26' -6'
3'-6'
14'-3" x 3'-6"
26'-6" x 3'-6"
Calves upto 1 year
4'x1'
4'x1'
Down Calves Breeding Bulls
15' x 10' 12' x 10'
15' x 10' 12' x 10'
B. The height of the shed shall be not less than 9 ft, and 13.5 ft. from
ground to calves and ridges respectively in cases of lean to type roof or 12
ft. in case of flat type roof.
C. The roof of the shed shall be either of asbestos sheets or GI sheets or
tiles or cement concrete.
Under no circumstances thatched or bamboo structures shall be used for the construction of any part of the shed.
D. The flooring of the shed shall be either paved or of cement concrete
finished with rough surface but not grooved with a slope of 1/2" in 3 ft.
towards the open gutter to facilitate proper drainage.
E. In the case of closed type shed and inlet and outlet area of 3 sq. ft per head of cattle shall be provided, for the purpose of light and ventilation.
APPENDIX 1 Application for Licence for keeping cattle
FORM I
[See sub-rule (1) of Rule 4]
Application for
Licence for keeping cattle To
Licensing
Authority Licence
Class A/B
1.
Applicant's
full name:
(in block letters)
2.
Applicant's Address:
(a) Permanent
(b) Present
3.
Name and address (present and
permanent) of the lawful
guardian
or manager in case the applicant
is a minor or a person under
disability.
4.
Approximate
number of adult cattle
kept by the applicant.
5.
(In case of Class A Licences)
Number
of persons in the family
and the
daily requirements of milk.
Number: Quantity
(in litres) per day
Adult:
Minor:
Total: .
I hereby apply for the grant of a licence for keeping the
following cattle at the following premises
or place:
(a) Description of
Cattle
Cow In Milk Dry
Bulls
Bullocks
Heifers
Calves Male Female
Cow species Number: Buff species:
(a)
(b)
Address of the premises or place where the cattle are to be kept:
(c)
Full address of premises or place where the cattle are being kept at the time of applying for the licence:
I hold/do not hold a licence/permit from the.............
Municipality/Corporation, Sanitary Board Notified Area,
other Competent Authority for keeping the
above cattle at the premises or place mentioned at (b) above (A copy of the Licence/permit is to be enclosed).
I have/have not
previously applied for such a licence (mention particulars of such application and date
if so applied).
I have read/got read
and understood the provisions of the Karnataka Cattle Licensing Act, 1964 and the relevant rules and the
conditions of the licence to be issued thereunder and I agree to abide by them.
The sum of Rs.................. (Rupees.................. only)
has been deposited towards the licence fee.
I solemnly declare
that the particulars stated above are true to the best of my knowledge and belief.
(Signature or Thumb Impression of the Applicant)
Date:
Signature or Thumb Impression of the
Guardian or Manager, if the applicant is a minor or a person under disability.
Date:
Thumb Impression(s) Attested by: Date:
(Strike out the particulars not applicable to you) (SPACE FOR OFFICIAL
USE ONLY) INSPECTION
REPORT:
Signature of Inspector Date:
ORDERS BY THE
LICENSING AUTHORITY
Date:
Licensing Authority
APPENDIX 2 LICENCE FOR KEEPING CATTLE
FORM II
[See Rule
4(4)]
LICENCE
FOR KEEPING CATTLE
Licence No.: Class Issued/Renewed on..............
Urban Area:
Subject to the provisions of the Karnataka
Cattle Licensing Act, 1964 and
the
rules thereunder and the condition specified below is hereby granted
this
licence for keeping the following cattle at the premises or place
mentioned
below for the period ending 31st March, 19..........
PARTICULARS OF CATTLE:
Species
Total No.
Description of Cattle
Identification Marks
Address of the Premises or Place Address of the licensee and of his guardian or manager if the licensee is a minor or a person under disability
Maximum number of cattle allowed to be kept:
Number Description
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Licensing Authority
CONDITIONS
1. A licence shall not be transferable.
2. The shed shall conform and continues to conform to the specifications in Appendix I to the Karnataka Cattle Licensing Rules, 1968.
3. Any calf born after the grant of the licence, shall, before it is one year of age, be produced for identification mark being made on its body to such officer as may be authorised in this behalf by the Licensing Authority. Any new cattle below the maximum number shall be similarly produced for identification mark.
4. A licensee must produce the licence on demand for inspection by any authority referred to in Section 9 of the Act.
5. The shed in which the cattle are kept shall be kept clean and tidy by Removing the dung, urine or other refuse therefrom and by washing the shed daily. Adequate drinking water shall be provided for the cattle.
6. All dung and refuse shall be removed and disposed in a manner
which does not create a nuisance.
7. The licensee shall immediately inform in writing, the District
Veterinary Officer having jurisdiction in the area within which the shed is situated, of the outbreak amongst his cattle of any contagious or infectious diseases and shall comply with the instructions of such Veterinary Officer.
8. The licensee shall immediately inform, in writing, the Licensing
Authority in the event of any of his cattle being dead or lost or sold or
transferred.
9. The licensee shall surrender the licence or apply for necessary
variation
as soon as may be and in any case not later than three days if the
cattle in
respect of which licence was issued are dead or lost or sold or
transferred.
10. The licensee shall arrange without undue delay for proper disposal
of the
carcass of any cattle which may be dead.
11. No fee shall be refunded in respect of any cattle lost, sold,
transferred
or dead.
12. The licensee may with the written permission of the Licensing
Authority remove any of the
dry cattle outside the urban area within which
the shed is situate, for maintenance during
its dry period and may with
such permission bring back that cattle after calving.
13. The licensee himself shall neither brand nor tattoo nor make any
mark of a permanent nature on the cattle similar to the identification mark. He shall not also deface or alter any identification mark.
14. The licensee shall not use or permit the use of the shed for any
Purpose other than the housing of cattle.
PENALTIES: Section 10: (1) Any person who.
(i) contravenes the
provisions of Section 3; or
(ii) being the holder of Class A
licence sells milk in excess of six litres on any one day; or
(iii) keeps cattle in any premises or
place different from that mentioned in the licence; or
(iv) keeps cattle in excess of the
maximum number, or different in description from that stated in the licence, shall, on conviction,
be punished with fine which may extend to one thousand rupees.
2. Where a person is convicted of any
offence under this section, the . Court may direct that the cattle in
respect of which the offence is committed shall
be forfeited to Government.
APPENDIX 3 Application for Renewal of Licence
FORM III
[See Rule 5(2)]
Application for Renewal of Licence
To
The Licensing
Authority.
1.
Applicant's full name:
(in
block letters)
2.
Applicant's Address:
(a) Permanent
(b) Present
3.
Name and address (present
and
permanent) of the lawful guardian or manager in
case
the applicant is a minor
or a person under disability.
4.
(In case of Class A licensee
only) Number of members
in the family and their daily
requirement of milk:
Adult: Number Quantity
(in litres) per day.
Minor:
Total:
I hereby apply for the renewal of my licence
No.............
Class.............. issued on........ for urban area.............. which will
expire on 31st March,
19...... for keeping the following cattle at the following
premises.
Cow Bulls Bullocks Heifers Calves (a) Nos. In Milk: Dry: Male : Female Cow Species Buff Species.
(b) Address of
the premises or place.
(c) Name and
address of the licensee.
I have/have not previously applied for such renewal of my licence
(ment on particulars of such
application and date if so applied).......
I have read/got read,
and understood the provisions of the Karnataka Cattle Licensing Act, 1964 and the relevant rules and the
conditions of the licence to be renewed thereunder and I agree to abide by
them.
I hereby enclose the original receipt No................. date...........
for Rs...................... (Rupees...................... only) being the amount of
licence renewal fee together with late fee for same (if any).
I solemnly declare
that the particulars stated above are true to the best of my knowledge and belief.
(Signature or Thumb Impression of the Applicant)
Date: (Signature or Thumb Impression of the
guardian or manager if the applicant is a minor or a person under disability)
Date: (Signature or Thumb Impression(s) attested by)
Strike out the particulars not applicable to you
(SPACE FOR OFFICIAL
USE)
Inspection
Report: Signature
of Inspector.
Date:
Order by the Licensing Authority:
Date: Licensing
Authority.
APPENDIX 4 APPLICATION FOR VARIATIONS OF THE ADDRESS, NUMBER AND DESCRIPTION IN THE LICENCE
FORM IV
APPLICATION FOR
VARIATIONS OF THE ADDRESS, NUMBER AND DESCRIPTION IN THE LICENCE
1. Name of the Applicant (in block
letters)
Address,
(a) Present:
(b) Permanent:
2. Licence No......... Class........ Issued
on....... Urban areas
To
The Licensing Authority. I hereby apply for
the following variations in my license.
(a) Address of the new premises or place where the cattle are to be
kept;
(b) Maximum number of cattle for which variation is sought (including
the number already granted under the licence);
(c) Description of cattle for which the variation is sought.
Cows Bulls Bullocks Heifers Calves CowNumber in Milk Dry Male Female BuffSpecies
(Strike out the items not required)
I have deposited Rs.................. (Rupees................ only) as the fee for
variation.
Date:
Signature/Thumb Impression of the
Licensee Signature/Thumb
Impression of the Guardian or Manager in case the licensee is a minor or a person
under disability.
Date:
Signature/Thumb
Impression(s) attested (by)
FOR OFFICIAL USE ONLY
Inspection Report
Date: Signature of Inspector.
Order by the Licensing Authority:
Date- Licensing Authority. |
