Bombay Live-Stock Improvement Rules, 1935

The Bombay Live-Stock Improvement Rules, 1935

Published vide Notification No. G. N., R. D., No. 818/33, dated 19th September, 1935 (B.G., Part 4, page 842)

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In exercise of the powers conferred by section 23 of the Bombay Livestock Improvement Act, 1933 (Bombay XXII of 1933), the Government of Bombay is pleased to make the following rules, namely :-

1. Short title.- These rules may be called the Bombay Live-Stock Improvement Rules, 1935.
2. Definitions.- In these rules, unless there is anything repugnant in the subject or context -

(i) "the Act" means the Bombay Live-stock Improvement Act, 1933;

(ii) "castrate" means to perform an operation in accordance with these rules for the purpose of removing the reproductive power of a bull and the words "castrated" and "castration" shall be construed accordingly;

(iii) "entire" means a male bull possessing full reproductive power;

(iv) "schedule" means a schedule appended to these rules;

(v) "section" means a section of the Act;

(vi) "village" means a village to which the Act is extended and in which the Act has been brought into force under section 2;

(vii) "panchayat" means a panchayat established under the Bombay Village Panchayats Act, 1933;

(viii) words and expressions not defined in these rules but defined in the Act shall have the meaning assigned to them in the Act.

3. Limit of age beyond which unlicensed or uncastrated bull not to be kept.- No person shall keep a bull which has attained the age of two years unless a licence has been granted in respect of such bull, or such bull has been castrated in accordance with the provisions of these rules, as the case may be.
4. Application for licence.- Where a person keeping a bull desires to retain such bull entire after it has attained the age of two years, such person shall, three months before the bull attains the age of two years, make an application for a licence in respect of such bull to the Live-stock Officer. The application shall state the name and address of the person who keeps such bull, the place where such bull is kept, and the marks, colour, height and other particulars of identification of such bull.
5. Inspection of bull before grant of licence.- On the receipt of such application, the Live-stock Officer shall inspect the bull and if the Livestock Officer is not a qualified veterinary officer, may cause the bull to be inspected by a qualified veterinary officer as to its age and whether it is suffering from any defect or is affected with any disease mentioned in section 7(l)(b) and (c).
6. Grant of licence.- If on inspection under rule 5, the Live-stock Officer is satisfied that the bull is not suffering from any defect or is not affected with any disease mentioned in section 7, the Live-stock Officer may grant a licence in respect of such bull in the form prescribed in Schedule II; and the Live-stock Officer shall ordinarily grant a licence for any such bull so as to provide that there shall be one such bull for every 60 cows in a village in the State of Bombay.
7. Period of licence.- The period for which a licence may be granted shall not exceed three years.
8. Marking of licensed bulls.- A bull in respect of which a licence has been granted shall be marked by means of tattooing in such manner as the Director of Agriculture may from time to time direct.
9. Inspection by veterinary officer when compulsory.- Before refusing to grant or revoking a licence in respect of a bull on any of the grounds specified in sub-section (1) of section 7, the Live-stock Officer, if he is not a qualified veterinary officer, shall, if so required by the person who keeps the bull, cause the bull to be inspected by a qualified veterinary officer free of charge, and the opinion of such veterinary officer shall be conclusive whether the bull is suffering from any defect or affected with any disease mentioned in section 7(1) (b) and (c).
10. Renewal of licence.- Before the period of a licence in respect of a bull expires, the holder of such licence shall apply to the Live-stock Officer for the renewal thereof. On such application the Live-stock Officer may renew the licence for a period not exceeding three years, provided that he is satisfied that the bull in respect of which the licence has been granted is not suffering from any defect or is not affected with disease mentioned in section 7.
11. Transfer of licence.- The holder of a licence may, with the previous consent in writing of the Live-stock Officer, transfer the licence to any person who shall have become the keeper of the bull. On such transfer, the Live-stock Officer shall make an endorsement on the licence stating the name of the person to whom the licence is transferred and the date up to which the said licence shall be in force.
12. Notice of revocation of licence.- When a Live-stock Officer revokes a licence in respect of any bull, he shall give the keeper of the bull notice in the form prescribed in Schedule III.
13. Form of notice of castration.- The notice of castration under section 7 shall be given in the form prescribed in Schedule IV.
14. Castration.- (1) Every bull directed to be castrated under section 11 or section 16 shall be effectively desexed.

(2) If a Live-stock Officer, not being a qualified veterinary officer, is not satisfied with the castration of any bull, he may cause the castration to be performed again by a qualified veterinary officer free of charge.

15. Manner of inquiry under section 16.- Before seizing a bull under sub-section (2) of section 16, the Live-stock Officer shall cause an inquiry to be made as to the ownership of the bull by the panchayat of the village in which the bull is kept and, where no panchayat has been established for the village, by a committee consisting of the village officers and such other residents of the village, not exceeding three in number, as may be appointed by the Live-stock Officer in this behalf.
16. Determination of costs of maintenance and sale of a bull.- The amount of costs, charges or expenses specified in sub-section (2) of section 16 shall be fixed by the Live-stock Officer :

Provided that, if the owner or other person who keeps the bull disputes the amount so fixed, such amount shall be determined by the panchayat of the village and., where no panchayat has been established, by a committee constituted in the manner prescribed in the preceding rule. The decision of the panchayat or the committee, as the case may be, shall be final.

17. Duties of the Live-stock Officer.- It shall be the duty of the Livestock Officer to exercise all or any of the powers conferred on him under the Act or the rules for the purpose of carrying into effect the purposes of the Act; and, in particular, to provide that no bull which has attained the age of two years shall remain in any village unless a licence has been obtained in respect of such bull, or unless such bull has been castrated in the manner prescribed by these rules.
18. Power of Live-stock Officer to enter premises.- The Live-stock Officer shall have power to enter any premises or place where he has reason to believe that bulls are kept , between sunrise and sunset, for the purpose of performing any of the duties imposed on him by the Act or the rules :

Provided that, the Live-stock Officer may before entering such premises or place give notice in writing to the owner or occupier of such premises or place in the form prescribed in Schedule I.

Schedule I

(See rule 18)

To

A.B. ..................... residing at .....................

Dated this the ..................... day of ..................... 20

Schedule II

(See rule 6)

Licence to keep a bull

(1) The licence-holder shall inform the Live-stock Officer of any illness, defect or deformity which is likely to render the bull unsuitable for breeding purposes.

(2) The licence-holder shall not be entitled to any compensation for revocation of the licence.

(3) The licence-holder shall submit the bull for inspection whenever required by any Live-stock Officer to do so.

(4) The licence-holder shall maintain the bull in good breeding condition to the satisfaction of the Live-stock Officer.

(5) The licence-holder shall give benefit of the service of the bull to the cows of the village in which the bull is kept in preference to the cows of other villages.

(6) The licence-holder shall give to the Live-stock Officer, all information regarding the service rendered by the bull during the period of the licence.

(7) The licence-holder shall give intimation to the Live-stock Officer, when the licensed bull is sold or otherwise transferred.

Dated the ..................... day of ..................... 20

(Signed)

Live-stock Officer.

N.B. - (a) This licence may be renewed on the keeper satisfying the Livestock Officer that the bull continues to be a good breeder and has been maintained in good breeding condition.

(b) This licence will be revoked for breach of any of the terms or conditions thereof.

Schedule III

(See rule 12)

To

A.B. .............................. residing at ....................

Whereas it has come to my notice that you keep a bull described in the margin .....................

And whereas I am of the opinion that

[A. the bull appears]

1. there has been a breach of the terms or conditions of the licence in [as much as]

I have under section 7 of the Bombay Live-stock Improvement Act, 1933, revoked the licence and I give you notice of the said revocation as required by sub-section (4) of the said section 7.

Dated this the ............... day of 20

(Signed)

Live-stock Officer.

N.B. - A or B should be scored out where necessary.

Schedule IV

(See rule 13)

To

1. B. ................... residing at ...................

Name, if any, of bull :

Description :

Now therefore in exercise of the powers conferred upon me by section 11 of the Bombay Live-stock Improvement Act, 1933, I give you notice that the said bull shall be castrated within one month from the date of the receipt of this notice and that on your failure to do so you shall be liable to be punished under section 14 of the said Act.

Dated this the ................... day of ...................20

(Signed)

Live-stock Officer.

Note. - Castration shall be performed by officers of the Agricultural or Veterinary Departments free of charge.