KARNATAKA LIVE-STOCK IMPROVEMENT ACT, 1961
30 of 1961
19th MARCH, 1959
An Act to provide for the improvement of livestock in the State of Karnataka. Whereas, it is expedient to provide for the improvement of livestock in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Twelfth Year of the Republic of India as follows.
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Livestock Improvement Act, 1961.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force at once in the areas in which any of the enactments repealed by Section 22 is in force, and shall come into force in any other area on such date as the State Government may, by notification, specify. NOTIFICATION No. AHF 33 AHP 99, dated 19-9-2000 Karnataka Gazette, dated 14-12-2000 In exercise of the powers conferred by sub-section (3) of Section 1 of the Karnataka Live Stock Improvement Act, 1961 (Karnataka Act 30 of 1961), the Government of Karnataka hereby specifies 1st day of October, 2000 as the date on which the said Act shall come into force in the areas other than areas specified in the said sub-section.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Bull" includes a buffalo bull;
(b) "Cow" includes a buffalo cow and a heifer;
(c) "Director" means the officer appointed by the State Government as the Director of Animal Husbandry and Veterinary Services in Mysore, and includes any other person on whom the powers or duties of the Director under this Act have been conferred or imposed under Section 3;
(d) "Licence" means a licence granted under Section 4;
(e) "Licensing Officer" means the Director or any other officer authorised to grant licences under Section 4;
(f) "Notification" means notification published in the Official Gazette;
(g) "Prescribed" means prescribed by rules made under this Act;
(h) A person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody;
(i) A bull is said to be "castrated" if it is rendered incapable of propagating its species.
Section3 Conferment of powers or duties of the Director
The State Government may, by notification, confer or impose on any person all or any of the powers or duties of the Director under this Act.
Section4 Bulls which have attained a certain age to be licensed
(1) No person shall keep a bull which has attained the prescribed age except under and in accordance with the conditions of a licence granted under this section. 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 Director or any officer not below the rank of a Veterinary Inspector authorised by the Director by general or special order. It shall be in such form, for such period, and subject to such conditions as may be prescribed: Provided that no fee shall be charged for the grant of the licence.
Section5 Refusal and revocation of licences
(1) Subject to such rules as may be prescribed, the Licensing Officer may refuse to grant 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 be get 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 purpose; or
(c) of a breed which is undesirable in public interest to propagate in the district or part of the district in which it is kept.
(2)
(a) The Licensing Officer may revoke a licence granted in respect of any bull kept within his jurisdiction (whether such licence was granted by himself or by any other officer) if there has been a breach of any of the conditions of the licence.
(b) The State Government, in respect of a licence granted by the Director, and the officer of the Animal Husbandry Department immediately superior to the Licensing Officer, in respect of a licence granted by any other officer of that Department, may revoke the licence, if the licence was granted under circumstances, under which it ought not to have been granted.
(c) Before revoking a licence under clause (a) or clause (b), a notice shall be given to the person concerned of the grounds on which it is proposed to take action and he shall be given a reasonable opportunity of showing cause against it.
(3) If a licence is revoked under this section, the State Government or the officer revoking the licence shall communicate the order of revocation along with the grounds of revocation, to the person keeping the bull or to the person stated in the licence to be the owner of the bull.
(4) Against an order either refusing to grant or revoking a licence under sub-section (1) or sub-section (2) an appeal shall lie within thirty days of the communication of such order.
(i) to the State Government, if the order is that of the Director;
(ii) to the Director, if the order is that of any officer subordinate to the Director. The order in appeal shall be final.
Section6 Surrender of licence
A licence granted in respect of a bull shall be surrendered to the Licensing Officer, if.
(a) the period specified in the licence expires; or
(b) the licence is revoked under this Act; or
Section7 Grant of duplicate licence
If the Licensing Officer is satisfied that the licence granted under Section 4 has been lost or destroyed, such officer may, subject to such conditions and payment of such fees, as may be prescribed, issue to the holder of the licence a duplicate thereof, and all the provisions of this Act with respect to the licence so lost or destroyed shall apply to the duplicate as if it were the original licence.
Section8 Inspection of bulls
The Licensing Officer may, by notice served in the prescribed manner, require any person keeping a bull to submit it for inspection at any reasonable time by himself or by any officer deputed by him for the purpose, either at the place where the bull is kept for the time being, or at any appointed place in the village, town or city in which the bull is kept 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 officer concerned.
Section9 Power to order castration of bulls
(1) The Licensing Officer may, by notice served in the prescribed manner, require any person keeping a bull which has attained the prescribed age and in respect of which no licence is for the time being in force under this Act, to have it effectively castrated within thirty days from the date of service of the notice, by a method and in a manner approved by the Director and specified in the order.
(2) Such castration shall be performed or caused to be performed by the Licensing Officer free of charge, unless the owner or other person keeping the bull desires to make his own arrangements for complying with the notice.
Section10 Production of licence
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.
(a) on demand made by a Licensing Officer or any other officer authorised in this behalf by the Director, within a reasonable time, at any place where the bull is for the time being;
(b) on demand made by the person in charge of the cow before a cow is served by the bull.
Section11 Penalties. Whoever
(a) keeps a bull, in contravention of the provisions of this Act or of any rule or order made thereunder, or of any conditions of a licence; or
(b) fails to submit a bull for inspection when required to do so under Section 8; or
(c) fails to comply with a notice served under Section 9; or
(d) fails to produce a licence when required to do so under Section 10;shall be punishable with fine which may extend to twenty-five rupees, and in case of any subsequent offence, with fine which may extend to fifty rupees.
Section12 Composition of offences
(1) Any offence punishable under this Act or any rule made thereunder may be compounded by an Officer of the Animal Husbandry Department not below the rank of Assistant Director of Animal Husbandry having jurisdiction over the area in which the offence is committed, on payment of an amount fixed by that officer.
(2) On the composition of an offence under sub-section (1), the person concerned, if in custody, shall be set at liberty, and if proceedings in any Criminal Court have been instituted against such person in respect of the offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.
Section13 Power of Licensing Officer to castrate bulls
(1) If a person who keeps a bull fails to have it castrated when required to do so under Section 9, the Licensing Officer may direct that the bull shall be castrated by a method and in a manner approved by the Director and marked with a prescribed mark in the prescribed manner, free of charge.
(2)
(a) If it is not known in whose ownership, possession or custody a bull is for the time being, and the fact cannot be ascertained after an enquiry in the prescribed manner, the Licensing Officer may seize the bull or cause it to be seized, and if he is of opinion that the bull has attained the prescribed age and is unsuitable for breeding purposes on any of the grounds specified in sub-section (1) of Section 5, may direct that the bull be castrated by a method and in a manner approved by the Director, and marked with a prescribed mark in the prescribed manner, free of charge.
(b) Every bull seized under clause (a) 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 State Government in this behalf.
(c) In case the owner of any bull seized under clause (a) appears before the Licensing Officer within such time as may be prescribed in this behalf and proves to the satisfaction of such 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 determined in the prescribed manner; 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, and determined in the prescribed manner.
Section14 Power of Licensing Officer, etc., to inspect or mark bull and to enter premises
For the purposes of this Act, a Licensing Officer or any officer authorised by the Director 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 reason to believe that a bull is kept.
Section15 Duty of Officers to report offences
It shall be the duty of all village officers and servants and of all officers of the Animal Husbandry, Agriculture, Community Development and Revenue Departments, and of all officers of such other Departments as may be notified by the State Government.
(a) to give immediate information which may come to their knowledge of the commission of any offence or any attempt or preparation to commit any offence, punishable under this Act, to the nearest Licensing Officer;
(b) to take all reasonable measures in their power to prevent the commission of any such offence which they know or have reason to believe is about or likely to be committed; and
(c) to assist any Licensing Officer in carrying out the provisions of this Act.
Section16 Cognizance of offences
No Magistrate shall take cognizance of any offence under this Act, except upon a complaint made by a Licensing Officer or any person authorised by such officer in this behalf.
Section17 Officers to be public servants
The Director, every Licensing Officer, all officers and persons authorised by the Director or the Licensing Officer under this Act, and all village officers and servants shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
Section18 Bar of certain proceedings
(1) No prosecution or other proceeding shall lie against any officer or servant of the State Government for any act done or purporting to be done under this Act, without the previous sanction of the State Government.,
(2) No officer or servant of the State 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 Act.
Section19 Limitation for certain suits and prosecutions
No suit shall be instituted against the State Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of.
Section20 Power to make rules
(1) The State Government may after previous publication, by notification, make rules to carry out the purposes of this Act.
(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 Act to be prescribed;
(b) the fees which may be charged,for the grant of duplicates of licences 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 Act, and the procedure to be followed by such officers;
(d) the service of notices and orders issued under this Act.
(3) In making a rule under sub-section (1) or sub-section (2), the State Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to twenty-five rupees.
(4) Every rule made under this section, 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section21 Bull dedicated to a religious purpose
(1) Save as provided in subsection (2), nothing contained in this Act shall apply to a bull dedicated in good faith for a religious purpose in accordance with any religious usage or custom, provided that notice of the dedication is given in the prescribed manner, to the Licensing Officer.
(2) If the Licensing Officer is of opinion that any such bull, as is referred to in sub-section (1), is of the description set out in sub-clause (a), or (b) or (c) of sub-section (1) of Section 5, he may cause such bull to be effectively castrated by a method and in a manner approved by the Director.
Section22 Repeal and Savings
The Karnataka Live-Stock Improvement Act, 1951 (Karnataka Act XIX of 1951) as in force in Karnataka Area, the Bombay Live-Stock Improvement Act, 1933 (Bombay Act XXII of 1933) as in force in Bombay Area, the Madras Livestock Improvement Act, 1940 (Madras Act XV of 1940) as in force in Madras Area and Bellary District, the Coorg Live-Stock Improvement Act, 1950 (Coorg Act III of 1950) as in force in Coorg District, are hereby repealed:
Provided that the provisions of Section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), and Sections 8 and 24 of the said Act shall apply as if the said enactments had been repealed and ire-enacted by this Act.
RULE:
KARNATAKA LIVESTOCK IMPROVEMENT RULES, 1969
In exercise of the powers conferred by Section 20 of the Kamataka Livestock Improvement Act, 1961 (Karnataka Act 30 of 1961) the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of the said section in Notification No. GSR 270 (AF-30-VAD 65), dated 29th July, 1968 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 8th August, 1968, namely :
Rule1 Title and commencement
(1) These rules may be called the Karnataka Livestock Improvement Rules, 1969.
(2) They shall come into force at once.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(i) "Act" means the Karnataka Livestock Improvement Act, 1961 (Government Act 30 of 1961);
(ii) "Form" means a form appended to these rules;
(iii) "Section" means a section of the Act.
Rule3 Prescribed age
A bull shall be deemed to have attained the prescribed age for the purposes of the Act and these rules if, in the opinion of the Licensing Officer, it has attained the age of one and half years.
Rule4 Application for licence
An application for a licence under Section 4 shall be made separately in respect of each bull three months before it attains the prescribed age. The application shall be in writing and shall contain the following particulars, namely.
(a) the name and address of the person keeping the bull;
(b) the place at which the bull is kept; and
(c) the breed, age, marks, colour and other identification marks, if any, of the bull.
Rule5 Inspection and grant of licence
On receipt of an application under Rule 4, the Licensing Officer shall inspect the bull as soon as possible and shall grant a licence in Form I if, in his opinion, there are no grounds for refusing the licence.
Rule6 Issue of licence without application
If, in the course of his inspection, the Licensing Officer finds a bull which, in his opinion is suitable for breeding and in respect of which an application for licence has not, however, been made, he may issue a licence in Form I in respect of such bull.
Rule7 Period of licence
The period for which a licence may be granted at a time shall not exceed three years.
Rule8 Marking of licensed bulls
A bull in respect of which a licence has been granted shall be tattooed inside the left ear with the letter "L" not less than 1.25 centimetres in size or branded on the left cheek with the same mark of a size not less than four centimetres by four centimetres.
Rule9 Renewal of licence
A licence granted in respect of a bull shall cease to be in force on the expiry of the period for which it is granted unless renewed by a Licensing Officer. In the absence of such a renewal, the bull shall be liable to be dealt with as an unlicensed bull. The holder of a licence desiring to renew the licence shall submit it to the Licensing Officer concerned with an application in writing for its renewal at least one month before the date of expiry of the licence. On receipt of such an application, the Licensing Officer may by an endorsement on the licence renew it for a further period not exceeding three years having regard to the provisions of sub-section (1) of Section 5. The Licensing Officer may at his discretion for good and sufficient reason condone delays in submission of an application for renewal of a licence.
Rule10 Transfer of licence
The holder of a licence may, with the previous approval of the Licensing Officer, transfer the licence to any person who shall have become the keeper of the bull. On such transfer, the Licensing Officer may make an endorsement on the licence stating the name and address of the person to whom the licence is transferred.
Rule11 Notice of revocation of licence
The notice of revocation of licence given under clause (c) of sub-section (2) of Section 5 shall be in Form II.
Rule12 Issue of duplicate licence
A fee of one rupee shall be payable for the issue of a duplicate licence under Section 7.
Rule13 Prescribed officers for issuing certificate of castration
An Officer authorised by the Director by general or special order to grant licence under Section 4 shall be competent to certify under clause (c) of Section 6 that the bull has been effectively castrated by a method and in a manner approved by the Director.
Rule14 Certificate of castration
The certificate of castration under clause (c) shall be granted in Form III.
Rule15 Marking of castrated bulls
For the purpose of identification of a bull castrated under sub-section (2) of Section 9 or sub-section (2) of Section 13 shall be branded on the left cheek or neck with a letter "R" not smaller than four centimetres by four centimetres in size or tattooed on the inner side of the left ear with a mark not less than 1.25 centimetres by 1.25 centimetres in size. If the castration is done by the Licensing Officer, the Licensing Officer shall himself get the animal branded or tattooed. If the owner or other person keeping a bull makes his own arrangements for castrating the bull under sub-section (2) of Section 9, it shall be the duty of such owner or other person to have the bull branded or tattooed in the manner stated above. In a case a bull previously licensed and marked with letter "L" is subsequently considered unsuitable for breeding purposes and castrated, it shall be marked with the letter "R" and when this is done, the mark "L" shall be deemed to have been cancelled.
Rule16 Notice of Inspection and Castration
1. The order of the Licensing Officer under Section 8 requiring a person keeping a bull to submit it for inspection shall be in the Form IV.
2. The order of the Licensing Officer under sub-section (1) of Section 9 requiring a person keeping a bull to have it castrated shall be in Form V.
3. The direction of the Licensing Officer under sub-section (1) of Section 13 for the castration of a bull shall be in Form VI.
4. The direction of a Licensing Officer under clause (a) of sub-section (2) of Section 13 for the castration of a bull shall be in Form VII.
Rule17 Period within which ownership of a seized bull should be proved
The period within which a person may appear before the Licensing Officer under clause (c) of sub-section (2) of Section 13 to prove that a bull seized under clause (a) of that sub-section is owned by him shall be one month from the date of seizure.
Rule18 Minimum period of detention before sale in auction
A bull seized under sub-section (2) of Section 13 shall not be sold in public auction or sent to a pinjrapole or infirmary recognised by the Government in this behalf within a period of fourteen days calculated from the date of seizure.
Rule19 Custody of the bull during detention
The Licensing Officer may entrust the custody of a bull seized under clause (a) of sub-section (2) of Section 13 to the Secretary of the Village Panchayat pending its sale by public auction or disposal under the Act and these rules and the Secretary of the Village Panchayat shall keep the bull in the village cattle pound if one exists, or, if there is no cattle pound in the village, the Secretary of the Village Panchayat shall make his own arrangements for keeping the bull in custody.
Rule20 Responsibility of the Secretary of the Village Panchayat for feeding and watering the animals
A bull seized and entrusted to the custody of the Secretary of a village panchayat shall be treated by him in the same way as cattle impounded under the Karnataka Cattle Trespass Act, 1966. He shall immediately prepare a receipt in triplicate in the same form as the one prescribed for impounded cattle of which one copy shall be given to the Licensing Officer and he shall enter particulars of the bull in the same register as the one used for registering particulars of cattle impounder under Karnataka Cattle Trespass Act, 1966. Secretary of the Village Panchayat shall be responsible for the proper maintenance of the bull until it is disposed of in accordance with the provisions of the Act or these rules.
Rule21 Report to the Village Panchayat
If in respect of any bull in the custody of the Secretary of a Village Panchayat, no claim supported by an order of the Licensing Officer under clause (c) of sub-section (2) of Section 13 is made within seven days from the date of its seizure, the Secretary of the Village Panchayat shall report the fact to the Village Panchayat or to such other officer as the Village Panchayat may appoint in this behalf.
Rule22 Notice and Proclamation to be issued by the Village Panchayat
On receipt of a report under Rule 21, the Village Panchayat shall publish by affixture in a conspicuous part of its office a notice stating.
(a) the description of the bull;
(b) the place where it was seized;
(c) the place where it is kept in custody;
(d) that it will be sold if no claim is made within a period of seven days; and
(e) shall cause proclamation of the same to be made by beat and drum in the village and at the market place near the place of seizure.
Rule23 Release of animal on claim during the notice period
If the owner or his agent appears and claims the bull and the claim is supported by an order of the Licensing Officer under clause (c) of sub-section (2) of Section 13, it shall be delivered to the owner or his agent on payment of all costs, charges and expenses incurred for its maintenance. The fact of such delivery shall be noted in the register maintained under Rule 20.
Rule24 Sale of animal
If the bull is claimed within the rime specified in the notice under Rule 22, but the costs, charges and expenses incurred for its maintenance are not paid within seven days from the date of notice under Section 22, or if the bull is not claimed within seven days from the date of notice under Section 22, it shall be sold by public auction by the said Village Panchayat or an Officer of its establishment deputed for the purpose at such place and time and subject to such conditions as the Village Panchayat may, by general or special orders from time to time, direct:
Provided that if the bull is claimed after steps are taken for sale by public auction, but before it is sold and the claim is supported by an order of the Licensing Officer under clause (c) of sub-section (2) of Section 13 it shall be delivered to the owner or his agent on payment of all costs, charges and expenses incurred for its maintenance:
Provided further that, if any such bull, in the opinion of the Village Panchayat is not likely to fetch a fair price, if sold as aforesaid, it may be senf to a pinjrapole or an infirmary recognised by the Government in this behalf.
Rule25 Claim after sale
No claim for the sale proceeds of the bull shall be entertained unless it is preferred within one month from the date of sale of the bull by public auction. If the claim is made within the time aforesaid, and the claim is supported by an order of the Licensing Officer under clause (c) of sub-section (2) of Section 13, the proceeds of the sale of the bull after deducting therefrom the costs, charges and expenses incurred for the maintenance and sale of the bull shall be paid to the owner after obtaining a written receipt from him. An account in the following form shall also be furnished.
(a) the description of the bull seized;
(b) the period during which it, was in custody;
(c) the amount of costs, charges and expenses incurred for the maintenance, and sale of the bull;
(d) the proceeds of the sale; and
(e) the manner in which the said proceeds have been disposed of.
Rule26 Determination of costs, charges and expenses
(1) The cost, charges and expenses for the maintenance of the bull shall include.
(i) the transport charges and mazdoor hire for conveying the bull from the place of seizure to the place of detention and thence to the place of sale; and
(ii) feeding, watering and other incidental charges incurred while the bull is under detention.
(2) The costs, charges and expenses of sale of a bull shall include the expenses incurred in connection with any notice, requisition or order issued or proclamation made in connection with the sale.
Rule27 Duties of the Licensing Officer
The castration under sub-sections (1) and (2) of Section 13, shall be performed or caused to be performed by the Licensing Officer.
Rule28 Power of the Licensing Officer to enter premises
(1) While acting under the provisions of Section 14, the Licensing Officer or the Officer authorised by the Director in this behalf shall before entering such premises or place, give notice of entry in writing to the owner or occupier of such premises or place in Form VIII. No entry shall be made between the hours of sun set and sun rise. At the time of entry, the Licensing Officer or the Officer authorised by the Director shall, as far as practicable, be accompanied by the person keeping the bull or if he is not available by the Chairman or Secretary of the Village Panchayat or a revenue or police officer.
(2) The Licensing Officer may break open any outer or inner door or window of any building or place where he believes the bull has been kept, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.
Rule29 Enquiry before seizure
Before seizing a bull, under clause (a) subsection (2) of Section 13, the Licensing Officer shall make a summary enquiry as to the ownership of the bull by a committee consisting of Village Accountant and such other residents of the village not exceeding three in number as may be appointed by the Licensing Officer in this behalf.
Rule30 Service of notice and orders
(1) When any notice or order is required to be given under the Act or under these rules, such notice or order shall, when no particular method is provided or indicated in the Act or these rules, be given.
(a) by delivery or tendering one of the duplicates of the notice or order to such person; or
(b) if such person is not found, by delivering or tendering one of the duplicates of the notice or order to some adult member of his family residing in the house in which the person ordinarily reside; or
(c) if such person does not reside in the local area and his address elsewhere is known to the Officer or person issuing the notice or order by sending the same to him by registered post, acknowledgement due; or
(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of the house in which the person summoned ordinarily resides; and thereupon the notice or order shall be deemed to have been duly served.
(2) In the case of joint owners, it shall be sufficient to serve the notice or order on or send it to one of such owners.
Rule31 Appeals
(1) Any person objecting to an order or direction affecting him passed or issued under sub-section (1) of Section 9, sub-section (1) of Section 13 or clause (a) of sub-section (2) of Section 13 may appeal within thirty days from the date of communication thereof.
(a) to the Deputy Director of Animal Husbandry and Veterinary Services of the Region, if such order is passed or direction issued by the Veterinary Inspector.
(b) to Director, if such order is passed or direction issued by any other Officer.
(2)
(a) An appeal preferred under sub-section (4) of Section 5 or under sub-rule (1) shall be in writing, shall set forth concisely the grounds of objection to the order or directions appealed against, and shall be accompanied by a copy of such order or direction.
(b) On receipt of the appeal and after giving appellant an opportunity of being heard, the Appellate Authority may pass such orders on the appeal as it may think fit.
(3) The Appellate Authority shall communicate the order passed in appeal to the Officer who passed the order or issued the direction appealed against.
Rule32 Penalty
Whoever commits a breach of any of these rules shall on conviction be punishable with fine which may extend to twenty-five rupees.
Rule33 Repeal and savings
(1) All rules corresponding to the foregoing rules made under the Acts repealed by Section 22 are hereby repealed:
Provided that such repeal shall not affect.
(a) the previous operation of the said rules or anything done or any action taken thereon; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against said rules; or
(c) any proceedings under said rules pending at the commencement of these rules, or an appeal pending at or preferred after the commencement of these rules against an order made before such commencement shall be continued and disposed of as far as may be, in accordance with the provisions of these rules.
(2) Nothing in these rules shall operate to deprive any person to whom these rules apply of any right of appeal which had accrued to him under the rules repealed by sub-rule (1) in respect of any order passed before the commencement of these rules.
APPENDIX 1 Licence to keep a bull
FORM I
[See Rules 5 and 6]
Licence to keep a bull
Licence No. Shri/Shrimathi. is hereby granted a licence subject to the provisions of the Karnataka Livestock Improvement Act, 1961, and the rules made thereunder for keeping the bull described below for breeding purposes in Taluk. District. for the period from. to. both days inclusive, subject always to the terms, conditions and restrictions hereinafter mentioned, namely.
The holder of a licence shall inform the Licensing Officer of any
illness, defect or deformity which is likely to render the bull
unsuitable for breeding purposes.
The holder of a licence shall give the benefit of the service of the
bull to the cows of the village in which the bull is kept in preference to cows of other villages.
The holder of a licence shall give to the Licensing Officer all
information regarding the service rendered by the bull during
the period of the licence.
The "holder of the licence shall give intimation to the Licensing
Officer in the event of death of the Licensed bull, or when it is
sold or otherwise transferred to another person.
..N.B.The licence will be revoked if there is breach of any of the terms
or conditions thereof or if it was granted under circumstances of which the
Licensing Officer was not aware at the time of granting the Licence.
Description of the bull:
..Breed
..Age
..Colour
..Height
..Marks of identification
..Other particulars, if any
Place
Date: Licensing Officer
APPENDIX 2 Notice of revocation licence
FORM II
[See Rule 11]
Notice of revocation licence
Breed
Colour
Age
Height
Marks of Identification
Station
To
..
Residing at..whereas, it has come to my notice that you keep the bull described in the margin in respect of which license No dated. was granted to you on.. and v/hereas I am of opinion.
that the licence was granted under circumstances of which the Licensing Officer was not aware at the time of granting the Licence, viz., (here described the circumstances) .or/and
that there has been a breach of the conditions of the license inasmuch as..
Now, therefore, in pursuance of clause (c) of sub-section (2) of Section 5 of the Act, I hereby call upon you to show cause on or before.... why the licence referred to above should not be revoked.
Dated the...
Licensing Officer.
APPENDIX 3 Certificate of castration
FORM III
[See Rule 14]
Certificate of castration
Breed
Colour
Age
Identification Marks
Certified that I have examined the bull described in the margin and owned by.................and
found to have been effectively castrated by a method and in a manner approved by the Director of Animal Husbandry and Veterinary.
Services in Mysore and is incapable of propagating its kind.
Place:Signature
Date: Designation.
APPENDIX 4 Notice of Inspection
FORM IV
[See Rule 16(1)]
Notice of Inspection
Description
Breed
Colour
Age Height
Identification Marks
To,
..Whereas, it has been made to appear to me that you keep the bull described in the margin.
..Now, therefore, in exercise of the powers conferred by Section 8 of the Karnataka Livestock Improvement Act, 1961 (Karnataka Act 30 of 1961), I hereby require you to submit it for inspection by me/Sri deputed by me between the hours ofon theday of 19at VillageTalukDistrict, and to render all reasonable assistance in connection with such inspection to me/Sri........the officer deputed be me.
Dated : .Licensing Officer.
APPENDIX 5 Notice under sub-section (1) of Section 9
FORM V
[See Rule 16(2)]
Notice under sub-section (1) of Section 9
Description
Breed
Colour
Age Height
Identification Marks
To
..Whereas, it has been made to appear to me that you keep the bull described in the margin which, in my opinion has attained the prescribed age, namely, and in respect of which no licence is for time being in force under the Karnataka Livestock Improvement Act, 1961 (Karnataka Act 30 of 1961).
..Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 9 of the said Act, I hereby require you to have the said bull castrated within one month from the date of the service of this notice by the method and in the manner described below.
Method
Manner
Dated :Licensing Officer.
APPENDIX 6 FORM
Direction under sub-section (1) of Section 13
FORM VI
[See Rule 16(3)]
Direction under sub-section (1) of Section 13
Description
Breed
Colour
Height
Age
Identification Marks
and name if any
To
.Whereas, it has been made to appear to me that you keep the bull described in the margin And whereas, you have neglected or failed to have it castrated as required in my notice dated. under Section 9 of the Karnataka Livestock Improvement Act, 1961 (Karnataka Act 30 of 1961);
.Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 13 of the said Act, I hereby direct that the said bull shall be castrated by the method and in the manner described below and marked with the prescribed mark in the prescribed manner.
Method.
Manner.
Date:..Licensing Officer.
APPENDIX 7 FORM
FORM VII
[See Rule 16(4)]
Direction under clause (a) of sub-section (2) of Section 13
Description
Breed
Colour
Height
Age
Identification Marks
if any
Whereas, I am of the opinion that the bull described in the margin and seized under clause (a) of sub-section (2) of Section 13 of the Karnataka Livestock Improvement Act, 1961 (Karnataka Act 30 of 1961) has attained the prescribed age, i.e., and is unsuitable for breeding purposes on the following grounds, namely.
The bull is of defective or inferior conformation and consequently likely to be get defective or inferior progeny;
or/and
The bull is suffering from an incurable contagious or infectious disease or from any other disease rendering it unsuitable for breeding purposes;
or/and
The bull is of a breed which is undesirable to propagate in the district or in the part of the district in which it is kept.
Now, therefore, in exercise of the powers conferred by clause (a) of sub-section (2) of Section 13 of the said Act, I hereby direct that the said bull shall be castrated by the method and in the manner described below and marked with the prescribed mark.
Method
Manner
Dated : Licensing Officer.
APPENDIX 8 Notice of entry into premises
FORM VIII
[See Rule 28(1)]
Notice of entry into premises
To
.Whereas, I have reason to believe that you have kept on premises/places de-scribed below and said to belong to you a bull/bulls I hereby give you notice that I shall enter your premises/places, on between for the purpose of inspecting the said bull/bulls; you are hereby directed to keep the bull/bulls ready for inspection and not to remove the bull/bulls on the aforesaid date and time from the premises/places until it is /they are inspected by me.
Date : Licensing Officer. |
