¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

L. A. BILL No. L OF 2023.

A BILL

to provide for the improvement of bovines by regulating bovine breeding

activities such as use of bovine breeding bulls for production of semen,

processing, storage, sale and distribution of bovine semen, artificial

insemination along with assisted reproductive technologies in bovines and

for all matters connected therewith or incidental thereto.

WHEREAS it is expedient to provide for the improvement of bovines

by regulating bovine breeding activities such as use of bovine breeding bulls

for production of semen, processing, storage, sale and distribution of bovine

semen, artificial insemination along with assisted reproductive technologies

in bovines and for all matters connected therewith or incidental thereto; it

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 9, +ÆEò 59 ]

¨ÉÆMÉ³ý´ÉÉ®ú, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945 [ {ÉÞ¹`äö 16, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 107

|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ

Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation

in English of the Maharashtra Bovine Breeding (Regulation) Bill, 2023 (L.A. Bill No. L of 2023),

introduced in the Maharashtra Legislative Assembly on the 11^th December 2023, is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG/2009/35528

¦ÉÉMÉ +É`ö-107-1.

BSÉ¤ÉÒ-1732-1.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

is hereby enacted in the Seventy-fourth Year of the Republic of India, as

follows:—

CHAPTER I

PRELIMINARY.

1. (1) This Act may be called the Maharashtra Bovine Breeding

(Regulation) Act, 2023.

(2) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “artificial insemination” or “AI” means the process of depositing

disease free bovine semen artificially in the uterus of a mature bovine

female with intention of making it conceived;

(b) “artificial insemination service provider” or “AI service provider”

means a person, who provides the bovine breeding services through

registered artificial insemination technicians;

veterinarian or a trained artificial insemination worker, who possesses

requisite qualifications, skill and experience to perform artificial

insemination in bovines, as may be prescribed;

(d) “assisted reproductive technology” or “ART” means the

techniques utilized for bovine breed improvement and treatment of

infertility in bovines which includes artificial insemination involved in

embryo transplant, oocyte pickup, in-vitro maturation and fertilization

of bovine oocytes, embryo manipulation, freezing, storage and deposition

of embryo in female genital tract, cloning, intra cytoplasm sperm

injection and synchronization of oestrus;

(e) “assisted reproductive technology expert” or “ART expert” means

a registered veterinarian, who possesses requisite qualifications, skill

and experience in assisted reproductive technology for providing the

assisted reproductive technology services, as may be prescribed;

(f) “assisted reproductive technology service provider” or “ART

service provider” means a person, who provides assisted reproductive

technology services through registered assisted reproductive technology

experts;

(g) “Authority” means the Maharashtra Bovine Breeding Regulatory

Authority established under section 12;

(h) “bovine” means a cow, cow-bull, cow-heifer, buffalo, buffalo-bull

and buffalo-heifer;

(i) “bovine breeding activities” means breeding activities in bovines

that include the use of bovine bulls, production, storage, transportation

and use of frozen semen, embryos and oocytes or use of reproductive

organs;

(j) “certified bull” means a bovine bull certified by the Authority,

which is kept for semen production for a particular bovine breed and

meets the prescribed standards;

(k) “embryo transplant or in-vitro fertilization laboratory” or “ET

or IVF laboratory” means any premises, where a facility is set up for

Short title

and

commence-

ment.

Definitions.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

collection, processing, storage and transplant of bovine germplasm or

embryos and the use of bovine semen for fertilization of oocytes by either

in-vivo or in-vitro method including the deposition of bovine embryos in

female genital tract of recipient bovine female;

(l) “Government” means the Government of Maharashtra;

(m) “person” shall include any company or association of persons

or body of individuals, whether incorporated or not;

(n) “premises” means any land, premises, yard, building, vessel,

vehicle or any other location used for bovine breeding activity;

(o) “prescribed” means prescribed by rules made by the Government

under this Act;

(p) “regulations” means the regulations made by the Authority

under this Act;

(q) “research institute” means an institute run by a person, with

intent to use live animals or semen or embryos or oocytes or reproductive

organs in research, tests or experiments for scientific investigation or

in a systematic search for facts;

(r) “semen” means the semen of cow bull or buffalo bull in any form;

(s) “semen bank” means any premises where the bovine semen is

stored for trading or distribution;

(t) “semen station” means an approved premises, where a facility is

set up for collection, processing, storage and distribution of bovine

semen for artificial insemination;

(u) “State” means the State of Maharashtra;

(v) “veterinarian” means a registered veterinary practitioner

defined in the Indian Veterinary Council Act, 1984.

CHAPTER II

REGULATION AND REGISTRATION.

(1) Save as otherwise provided in this Act, no person shall undertake

any activity of production, storage, transportation, sale or use of the bovine

semen, embryos, ova or oocytes in the State, unless such person is having

registration certificate therefor under this Act.

(2) The person holding registration certificate under this Act shall

maintain the prescribed standards relating to bovine breeding activities,

laid down by the State Government or Central Government, from time to time.

(3) No person shall make advertisement or publicity misrepresenting

the facts about the types and nature of services for which he has been granted

the registration certificate.

4. (1) On and from the date of commencement of this Act,—

(a) no person shall establish and operate a semen station or embryo

transplant or in-vitro fertilization laboratory;

(b) no person shall establish and operate artificial insemination

training institute (AITI) ; or

provide assisted reproductive technology services,

Regulation of

bovine

breeding

activities.

Registration

of semen

station, ET or

IVF

laboratory,

AITI, ART

service

provider with

Authority.

52 of

1984.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

for bovine breeding activities in the State, unless such person is

having registration certificate therefor from the Authority under this Act.

(2) On and from the date of commencement of this Act, no person, shall

engage in the assisted reproductive technology services as assisted

reproductive technology expert in the State, unless he,––

(a) possesses such qualification and experience, and has undergone

the requisite training, as may be prescribed, and

(b) is having registration certificate issued by the Authority,

under this Act.

(3) Every existing,—

(a) semen station, embryo transfer or in-vitro fertilization laboratory,

(b) artificial insemination training institute,

(d) assisted reproductive technology service provider,

shall apply to the Authority for issue of registration certificate within the

period of six months from the date of commencement of this Act.

(1) On and from the date of commencement of this Act,—

(a) no person shall establish and operate a semen bank; or

(b) no person of artificial insemination service provider shall provide

artificial insemination services ;

for bovine breeding activities in the State, unless such person is having

registration certificate of the District Deputy Commissioner, Animal

Husbandry under this Act.

(2) On and from the date of commencement of this Act, no person shall

engage in artificial insemination services as artificial insemination (AI)

technician in the State unless he,––

(a) possesses such qualification and experience, and has undergone

the requisite training, as may be prescribed, and

(b) is having registration certificate issued by the concerned District

Deputy Commissioner, Animal Husbandry,

under this Act.

(3) Every existing,––

(a) semen bank,

(b) artificial insemination service provider, or

shall apply to the concerned District Deputy Commissioner, Animal

Husbandry for issue of registration certificate within six months from

the date of commencement of this Act.

(1) Every application for registration,––

(a) under section 4, shall be made to the Authority, or

(b) under section 5, shall be made to the concerned District Deputy

Commissioner, Animal Husbandry,

in such form and in such manner alongwith such documents and such fees,

as may be prescribed.

(2) On receipt of an application under sub-section (1), the Authority or

District Deputy Commissioner, Animal Husbandry, as the case may be, after

making such inquiry as it deems necessary, either issue or refuse to issue

the registration certificate:

Registration of

semen bank,

AI service

provider and

AI technician

with District

Deputy

Commissioner,

Animal

Husbandry.

Procedure for

registration.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

Provided that, the Authority or District Deputy Commissioner, Animal

Husbandry, as the case may be, shall before refusing to issue the registration

certificate, give the applicant a reasonable opportunity of being heard.

(3) The registration certificate shall be in such form and subject to such

terms and conditions, as may be prescribed and shall be valid for a period of

five years from the date of issue of the registration certificate.

7. (1) Every application for renewal of the registration certificate under

this Act shall be made before three months of the date of expiry of the period

of such registration certificate:

Provided that, the Authority or District Deputy Commissioner, Animal

Husbandry, as the case may be, may allow such application after the aforesaid

period, if the Authority or District Deputy Commissioner, Animal Husbandry,

as the case may be, is satisfied that the applicant was prevented by sufficient

cause from applying for renewal in time.

(2) The provisions of issue of registration certificate under this Act shall,

mutatis mutandis, apply for renewal of registration certificate.

8. (1) On and from the date of commencement of this Act, any person

having registration certificate for semen station, may apply to the Authority

for certification of a bull for carrying out the semen production.

(2) The Authority may certify the bull and shall issue certificate in such

form and in such manner and subject to such terms and conditions, as may be

prescribed. The Authority may refuse to certify the bull after recording the

reasons in writing therefor.

(3) The Authority shall generate a unique identification number for each

certified bull and it shall be mandatory for the person having registration

certificate of semen station to tag this unique identification number to the

certified bull securely and permanently at all times.

(4) On and from the date of commencement of this Act, no person having

registration certificate of semen station shall carry out semen production

from any bovine bull other than those certified by the Authority.

9. If a registration certificate issued under this Act is defaced, lost or

destroyed, the Authority or District Deputy Commissioner, Animal

Husbandry, as the case may be, upon satisfaction, grant a duplicate certificate

to the applicant on payment of such fee, as may be prescribed.

10. If the Authority or District Deputy Commissioner, Animal

Husbandry, as the case may be, is satisfied either on a reference made to it,

in this behalf or on enquiry report or otherwise that,—

(a) the registration certificate granted by it under this Act has been

obtained by misrepresentation or fraud;

(b) the holder of the registration certificate has failed to comply

with the conditions subject to which the certificate has been granted; or

thereunder,

then, without prejudice to any other proceedings to which the holder of

the certificate may be liable under this Act, the Authority or District Deputy

Commissioner, Animal Husbandry, as the case may be, after giving the

holder of the registration certificate an opportunity of being heard shall,—

(i) revoke the registration certificate after recording reasons

in writing for such revocation; or

(ii) suspend the registration certificate till the holder of the

certificate complies with all the required conditions to the

satisfaction of the Authority or District Deputy Commissioner,

Animal Husbandry, as the case may be; or

(iii) impose such other conditions to be complied with, by the

holder of registration certificate.

Certification

of bull.

Issue of

duplicate

registration

certificate.

Revocation of

registration

certificate.

Renewal.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

11.

(1) Any person aggrieved by an order passed by the Authority under

sections 6, 7, 8 and 10 may file an appeal before the Secretary of the Animal

Husbandary and Dairy Development Department within a period of thirty

days from the date of receipt of order.

(2) Any person aggrieved by an order passed by the District Deputy

Commissioner, Animal Husbandry under sections 6, 7 and 10 may file

an appeal before the concerned Regional Joint Commissioner, Animal

Husbandary within a period of thirty days from the date of receipt of order.

(3) The Appellate Authorities may entertain any appeal after the expiry

of the period of thirty days, if it is satisfied that the appellant was prevented

by sufficient cause from filing the appeal in time.

(4) On receipt of an appeal under sub-section (1) or (2), the Appellate

Authorities shall, after giving a reasonable opportunity of being heard to

the appellant, dispose off appeal within a period of three months.

(5) The order of the Appellate Authorities shall be final.

CHAPTER III

MAHARASHTRA BOVINE BREEDING REGULATORY AUTHORITY.

12. (1) On and from the date of commencement of this Act, there shall

be established, for the purposes of this Act, an Authority to be known as

“the Maharashtra Bovine Breeding Regulatory Authority” to exercise the

powers conferred upon and to perform the functions assigned to it, under

this Act.

(2) The Authority shall consist of the following members, namely:—

(a)

Commissioner, Animal Husbandry,

Chairperson;

Commissionerate of Animal Husbandry,

Maharashtra State, Pune,

(b)

Chief Executive Officer, Maharashtra

ex officio

Livestock Development Board, Nagpur,

Member;

(c)

Deputy or Joint Secretary, (Animal

ex officio

Husbandry), Agriculture, Animal

Member;

Husbandry, Dairy Development and

Fisheries Department,

(d)

Chairman, Board of Studies, Animal

ex officio

Reproduction, Gynaecology and

Member;

Obstetrics (ARGO), Maharashtra

Animal and Fisheries Science

University, Nagpur,

(e)

Deputy Commissioner or Joint

ex officio

Commissioner, Animal Husbandry

Member;

(Livestock), Commissionerate of

Animal Husbandry, Maharashtra State, Pune,

(f)

Deputy Commissioner, Animal

Member-

Husbandry, Commissionerate of

Secretary.

Animal Husbandry, Maharashtra State, Pune,

Appeal.

Establish-

ment of

Maharashtra

Bovine

Breeding

Regulatory

Authority.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

(3) The headquarter of the Authority shall be at Pune, Maharashtra.

(4) The Authority shall have jurisdiction all over the State of Maharashtra

in respect of bovine breeding activities.

13.

(1) The Authority shall meet at least once in three months at such

time, as the Chairperson may decide and shall observe such procedure to

transact its business at such meetings, as may be prescribed by regulations.

(2) The meetings of the Authority shall be convened and presided over

by the Chairperson. In absence of the Chairperson, the meeting shall be

presided over by the Chief Executive Officer, Maharashtra Livestock

Development Board, Nagpur.

14.

The State Government may, for the purpose of enabling the

Authority, to efficiently discharge its functions under this Act, provide such

number of officers and other employees as may be considered necessary.

CHAPTER IV

FUNCTIONS AND POWERS OF AUTHORITY.

15.

The Authority shall perform the following functions, namely:—

(a) to regulate the production of bovine semen, bovine embryos,

ova or oocytes in the State;

(b) to regulate the storage, transportation, sale and use of bovine

semen, bovine embryos, ova or oocytes in the State;

embryo transplant or in-vitro fertilization laboratory, assisted

reproductive technology experts, assisted reproductive technology

service providers, as per the provisions of this Act;

(d) to register the artificial insemination training institutes with

prior permission of the Government;

(e) to certify the bulls to be used for semen production which meet

the prescribed standards;

(f) to advice the Government on any matters concerned with bovine

breeding activities;

(g) to undertake surveys and conduct studies of bovine breeding

activities to ascertain the status, potential problems and solutions

thereon;

(h) to make regulations for performing the functions of the

Authority, under the provisions of this Act;

(i) to perform such other functions and activities concerning bovine

breeding, as per the bovine breeding policy of the Government, as may

be prescribed;

(j) to perform such other functions as may be prescribed by the

Government.

16.

The Authority shall have the following powers, namely:—

(a) to inspect the premises where bovine breeding activities are

carried out;

(b) to appoint expert with veterinary qualifications and experience

as it may considers necessary for the efficient discharge of its functions;

Meetings of

Authority.

Appointment

of officers and

other

employees.

Functions of

Authority.

Powers of

Authority.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

breeding activities;

(d) to give directions requiring any person in charge of any premises,

where any bovine breeding activity is carried out and who in its opinion,

is contravening any of the provisions of this Act and the rules made

thereunder, to furnish such information, as it may deems fit;

(e) to give directions to any person, officer or other authority, for

the purposes of this Act and such person, officer or other authority, as

the case may be, shall be bound to comply with such directions;

(f) such other powers as may be prescribed by the Government.

17.

(1) The Authority or any officer or member of team of experts

authorised in this behalf, for the purpose of inspection and enquiry, may,-

(a) enter, inspect and cause or conduct search of any premises in

which it has reason to believe that any bovine breeding activities in

contravention of the provisions of this Act and rules made thereunder

are carried out;

(b) collect samples of semen, blood or any other material used in

semen production or artificial insemination services or assisted

reproductive technology services, from the premises and have such

samples analysed by a recognized laboratory and shall also seize any

bulls therefrom which are not duly certified for semen production or

make such other enquiry as may be required, take statements of the

holder of the registration certificate and other persons working in such

premises and to check the records thereof.

(2) The provisions of the Code of Criminal Procedure, 1973 relating to

search and seizure shall, so far as may be, apply to searches and seizures

made under sub-section (1).

CHAPTER V

OFFENCES AND PENALTIES.

18.

(1) Where it is apprehended by the Authority that, any person

engaged in the bovine breeding activities in contravention of the provisions

of this Act or rules made thereunder and has refused to either comply with

the notice served upon him or to pay the fine imposed upon him, for such

contravention, the Authority or any officer authorized by it, may file a

complaint in the Court of Metropolitan Magistrate or Judicial Magistrate

First Class, as the case may be, for restraining the said person from carrying

out the said activities.

(2) On receipt of an application under sub-section (1), the court may

pass an order restraining any such person, to carry out the said activity or

give such directions or pass such order as it may deem fit.

19.

(1) Any person having a registration certificate under sections 4

and 5 under this Act has failed to maintain the prescribed standards relating

to bovine breeding activities laid down by the State Government and the

Central Government, from time to time, shall on conviction be punished with

fine which may extend to fifty thousand rupees.

Power to

inspect,

search and

seizure.

Power to

make

application to

courts for

restraining

apprehended

bovine

breeding

activities in

contravention

of this Act.

Penalties.

2 of 1974.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

(2) Whoever carries out any of the bovine breeding activities without

holding a registration certificate or carry on production activity of frozen

semen from other than the certified bulls or contravenes any of the provisions

of this Act, shall on conviction, be punished with fine which may extend to

one lakh rupees.

(3)

Any person resorts to any sort of advertisement or publicity

misrepresenting the facts about the type and nature of services for which he

has been granted the registration certificate, shall on conviction, be punished

with a simple imprisonment for a term which may extend to six months or

with fine which may extend to two lakh rupees, or with both.

20.

(1) Where an offence under this Act has been committed by a

company, every person, who, at the time when the offence was committed

was in charge of, and was responsible to the company for the conduct of the

business of the company, as well as the company, shall be deemed to be guilty

of the offence and shall be liable to be proceeded against and punished

accordingly :

Provided that, nothing contained in this sub-section shall render any

such person liable to any punishment, if he proves that the offence was

committed without his knowledge or that he has exercised all due diligence

to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by a company, and it is proved

that the offence has been committed with the consent or connivance of, or is

attributable to any neglect on the part of, any director, manager, secretary

or other officer of the company, such director, manager, secretary or other

officer shall also be deemed to be guilty of the offence and shall be liable to

be proceeded and punished accordingly.

Explanation.— For the purposes of this section,—

(a) “company” means a body corporate and includes a firm or other

association of persons or body of individuals, whether incorporated or

not; and

(b) “director” in relation to a firm, means a partner in the firm, and

in relation to any association of persons or body of individuals, means

any member controlling the affairs thereof.

21.

(1) Any offence of contravention of any of the provisions of this

Act, punishable under the Act, may, on an application by the accused person,

either before or after the institution of any prosecution, be compounded by

the Authority or the member or the officer appointed by the Authority, as

the case may be, for a sum of not less than fifty per cent., of the maximum

fine provided for such offence, in such manner, as may be prescribed.

(2) Nothing contained in sub-section (1) shall apply to an offence

committed by a person for the second time or thereafter within a period of

three years from the date of commission of a similar offence,––

(a) which was earlier compounded; or

(b) for which such person was earlier convicted.

Offences by

companies.

Compounding

of offences.

¦ÉÉMÉ +É`ö-107-2.

BSÉ¤ÉÒ-1732-2.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

(3) Where any offence is compounded before the institution of any

prosecution, no prosecution shall be instituted in relation to such offence,

against the offender in relation to whom the offence is so compounded.

22.

(1) No court shall take cognizance of any offence punishable under

this Act, except on a complaint is made by the District Deputy Commissioner,

Animal Husbandry or Authority or any officer authorized by the Authority

or District Deputy Commissioner in this behalf.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial

Magistrate of the First Class shall try any offence punishable under this

Act.

23.

No civil court shall have any jurisdiction in any matter, in respect

of which the Government or any other person or Authority is empowered by

this Act to take cognizance, and dispose it off, and the manner in which the

Government or such person or Authority may exercise any power, vested in

it or to him by or under this Act.

CHAPTER VI

FINANCE, ACCOUNTS AND AUDIT.

24.

(1) There shall be a fund of the Authority to be called “the

Maharashtra Bovine Breeding Regulatory Authority Fund” to which shall

be credited all moneys received by the Authority, including grants made by

the Government, fees received, donations, gifts and bequests made to it by

any person or institution.

(2) All funds of the Authority shall be kept in a Scheduled Bank and

shall be operated by the person, as may be authorized by the Authority in

this behalf, in writing.

25.

(1) The Authority shall keep accounts in such form and in such

manner as may be prescribed.

(2) The accounts of the Authority shall be audited by Chief Auditor,

Local Fund or by any other auditor appointed by the Authority with the

approval of the State Government.

(3) The State Government may, if it thinks necessary, appoint a special

auditor to audit the accounts of the Authority.

(4) The auditor or the special auditor, as the case may be, shall submit

his report to the Authority and shall forward a copy thereof to the State

Government.

(5) The cost of the audit under sub-section (2) or (3), if any, shall be

borne by the Authority.

26.

(1) The Authority shall prepare, in such form and by such date, as

may be prescribed, for each financial year, an annual report, giving a full

account of its activities during the previous financial year; and submit a

copy to the Government within one month from the prescribed date.

(2) Upon receipt of the annual report, the Government may take such

action thereon as it may consider necessary.

Cognizance of

offences.

Bar of

jurisdiction.

Authority

fund.

Accounts and

audit.

Annual

report.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

(3) A copy of the report submitted to the Government, together with a

report of the action taken thereon by the Government under sub-section (2),

shall be laid before each House of the State Legislature.

CHAPTER VII

MISCELLANEOUS.

27.

Any bovine semen or embryo production facility set up by research

institute or the university for the purpose of research and training shall be

exempted from the obligation of holding a registration certificate under this

Act :

Provided that, such research institute or the university shall not use

for supply or sell the semen or embryo to any artificial insemination technician

or artificial insemination service provider or assisted reproductive technology

service provider, for the purpose of mass bovine inseminations or embryo

transplant.

28.

The Government may, from time to time, in the public interest

and for better and effective implementation of the Act, give such directions

to Authority as deemed necessary; and the Authority shall comply with such

directions.

29.

(1) Every person who holds a registration certificate under this

Act shall maintain such books, accounts and records relating to his business

in such form and in such manner, as may be prescribed.

(2) Every person who holds a registration certificate under this Act shall

submit to the Authority, half yearly returns, in duplicate, in such forms and

in such manner, as may be prescribed.

30.

Any document purporting to be a report duly issued by a recognized

laboratory may be used as evidence of the facts stated therein in any

proceedings under this Act.

31.

All local authorities shall render such help and assistance and

furnish such information to the Authority, as it may require for discharge of

its functions and shall make available for inspection and examination of such

records or documents, as may be necessary.

32.

All members and officers of the Authority and officers when acting

or purporting to act in pursuance of any of the provisions of this Act and the

rules made thereunder shall be deemed to be public servants within the

meaning of section 21 of the Indian Penal Code.

33.

No suit, prosecution or other legal proceedings shall lie against

the Authority or District Deputy Commissioner, Animal Husbandry or any

member or officer of the Authority or any person authorised by the Authority

or District Deputy Commissioner, Animal Husbandry in respect of anything

which is done, or intended to be done in good faith under this Act or the

rules or orders made thereunder.

34.

(1) The State Government may, by notification in the Official

Gazette, and subject to the condition of previous publication, make rules to

carry out the purposes of this Act.

(2) 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 or more 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

Exemptions.

Power to give

directions.

Maintenance

of records and

submission of

returns.

Report of

recognized

laboratory.

Local

authorities to

assist.

All members

and officials

of Authority

to be public

servants.

Protection of

action taken

in good faith.

45 of

1860.

Power to

make rules.

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should not be made, and notify such decision in the Official Gazette, the rule

shall, from the date of such notification, 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 or omitted to be done under that rule.

35.

The Authority may, with the previous approval of the State

Government, make regulations, from time to time, by notification published

in the Official Gazette, not inconsistent with the provisions of this Act and

rules made thereunder, for all or any of the matters provided under this

Act, by regulations.

36.

(1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, as occasion arises, by an order published in

the Official Gazette, do anything not inconsistent with the provisions of this

Act, which appears to it to be necessary or expedient for the purposes of

removing the difficulty :

Provided that, no such order shall be made after the expiry of the period

of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

Power to

make

regulations.

Power to

remove

difficulties.

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STATEMENT OF OBJECTS AND REASONS

Breeding of cattle and buffaloes with use of bovine liquid semen for

artificial insemination has been in practice in the State since the early years

of 1940's decade. Thereafter, due to improvement in the technology, the frozen

semen is being used since early years of decade of 1980 and same is still

prevalent. The artificial breeding of cattle and buffaloes has aimed at carrying

out breed improvement as well as crossbreeding for improving the production

potential of the progeny, increase in milk production and increase in power

of bulls or bullocks along with increased endurance and adaptability for

climatic changes and also for increased capability for disease resistance.

2. As per the policy adopted by the State, crossbreeding of non-descript

cows and up-gradated non-descript buffaloes for increasing milk production

potential in the progeny has been systematically carried out in the State of

Maharashtra since the early years of the decade of 1970's. However, there is

no adequate regulation for controlling the quality of bovine semen used for

breeding through artificial insemination, in the State. Transportation and

use of low-quality semen from other States into the State of Maharashtra,

haphazard and undiscriminating use of semen straws by artificial

insemination technicians is an issue of great concern for deteriorating the

quality of breeding and also the progeny born out of such breeding. Therefore,

strict check on the quality of the semen, disease free status of the bulls used

for production of semen, etc. is the need of time and it can only be brought in

reality through the suitable legislation. The Government, therefore, considers

it expedient to enact a law for regulation of the bovine breeding activities in

the State.

3. The salient features of the Bill are as under:—

(a) regulation of bovine breeding activities;

(b) registration of semen station, embryo transplant, in-vitro

fertilization laboratory, artificial insemination training institute, assisted

reproductive technology services with Authority;

provider, artificial insemination technician with District Deputy

Commissioner, Animal Husbandry;

(d) certification of Bull;

(e) establishment of the Maharashtra Bovine Breeding Regulatory

Authority;

(f) power to inspect, search and seizure by the Authority;

(g) penalties for violation of provisions of the Act;

4. The Bill seeks to achieve the above objectives.

Nagpur,

RADHAKRISHNA VIKHE-PATIL,

Dated the 7^th December 2023.

Minister for Animal Husbandry.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 1(2).—Under this clause, power is taken to the State Government

to appoint, by notification in Official Gazette, the date on which the Act shall

come into force.

Clause 4(2).—Under this clause, power is taken to the State Government

to prescribe the qualification and experience and requisite training to the

assisted reproductive technology expert for engaging in assisted reproductive

technology services.

Clause 5(2)(a).—Under this clause, power is taken to the State

Government to prescribe the qualification, experience and training to provide

artificial insemination (AI) technician service.

Clause 6.—Under this clause, power is taken to the State Government,-

(i) under sub-clause (1), to prescribe the form, manner, documents

and fees required for making application for registration under sections

4 and 5;

(ii) under sub-clause (3), to prescribe the form and terms and

conditions of registration certificate.

Clause 8(2).—Under this clause, power is taken to the State Government

to prescribe the form, manner and terms and conditions to certify the bull by

the Authority.

Clause 9.—Under this clause, power is taken to the State Government

to prescribe the fee for grant of a duplicate certificate by the Authority or

District Deputy Commissioner, Animal Husbandry, as the case may be.

Clause 13(1).—Under this clause, power is taken to the Authority to

prescribe by regulation, the procedure to transact its business in the meetings;

Clause 15.—Under this clause, power is taken to the State Government,-

(i) under sub-clause (i) to prescribe bovine breeding policy;

(ii) under sub-clause (j), to prescribe the other functions of the

Authority.

Clause 16(f).—Under this clause, power is taken to the State Government

to prescribe other powers of the Authority.

Clause 21(1).—Under this clause, power is taken to the State

Government to prescribe the manner of compounding of offences by the

Authority or member or officers appointed by the Authority in that behalf.

Clause 25(1).—Under this clause, power is taken to the State

Government to prescribe the forms and manner to keep the accounts of the

Authority.

Clause 26(1).—Under this clause, power is taken to the State

Government to prescribe the form and date within which the Authority shall

prepare and submit its annual report.

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Clause 29.—Under this clause, power is taken to the State

Government,—

(i) under sub-clause (1), to prescribe the form and manner in which,

the person who holds a registration certificate shall maintain books,

accounts and records relating to his business;

(ii) under sub-clause (2), to prescribe the form and manner in which,

the person who holds a registration certificate shall submit half yearly

returns to the Authority.

Clause 34 (1).—Under this clause, power is taken to the State

Government to make rules, by notification in Official Gazette, to carry out

the purposes of this Act.

Clause 35.—Under this clause, power is taken to the Authority to make

regulations, by notification in Official Gazette, to carry out the purposes this

Act.

Clause 36(1).—Under this clause, power is taken to the State

Government to issue an order in the Official Gazette, for removing any

difficulty which may arise in giving effect to the provisions of this Act.

The above-mentioned proposals for delegation of legislative powers

are of normal character.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 12, 2023/+OÉ½þÉªÉhÉø 21, ¶ÉEäò 1945

FINANCIAL MEMORANDUM

Clause 12 of the Bill provides for establishment of the Maharashtra

Bovine Breeding Regulatory Authority. Clause 14 of the Bill provides for

appointment of Officers and other employees to discharge efficiently the

functions of the Authority.

Thus, the Bill would involve approximately non-recurring expenditure

of rupees three crore five lakh sixty two thousand and recurring expenditure

of rupees seventy three lakh per year from the Consolidated Fund of the

State on its enactment as an Act of the State Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,

PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.