CATTLE BREEDING ORDINANCE *

CHAPTER 97

CATTLE BREEDING ORDINANCE *

To provide for the licensing of bulls and for purposes connected

therewith.

(13th December, 1938) †

ORDINANCE XXXII of 1938, as amended by Ordinance XVII of 1943;

Emergency Ordinance XV of 1958; Ordinance XXV of 1962; Legal Notice

4 of 1963; Acts: XXXIII of 1966 and XIII of 1983; and Legal Notice 408 of

2007.

The short title of this Ordinance is the Cattle Breeding

Ordinance.

In this Ordinance -

"bull" means an uncastrated male bovine animal intended for

service purposes;

"cow" means any female bovine animal;

"Director" means the Director of Agriculture;

"owner" in relation to a bull or to a cow means the person who

for the time being, is in possession or has control of the animal

whether as owner or part owner, lessee or otherwise;

"service" means the mating of a bull with a cow and shall be

deemed to have been effected when the act of mating takes place

notwithstanding that such service remains ineffectual; and "to

serve" shall be construed accordingly.

(1) It shall not be lawful for the owner of any bull to use

such bull or to permit, suffer or exhibit the same to be used for

service unless such bull -

(a) is of the age of twelve months or over; and

(b) is at the time licensed by the Director for service.

(2) It shall not be lawful for the owner of any cow to cause or

allow it to be served by a bull which is not at the time licensed by

the Director for service, or to attempt to have it served by such a

bull.

(3) Any person who acts in contravention of the provisions of

this article shall be liable, on conviction, to a fine (multa) not

exceeding forty-six euro and fifty-nine cents (46.59), and the court

may moreover order the slaughter or castration of any bull to which

the offence relates, at the expense of the owner.

(4) The Director may grant, refuse or revoke a licence in

accordance with rules to be made under this Ordinance.

(5)

In any proceedings for an offence under this article the

*This Ordinance has been repealed by Act XXXIV of 2023.

†See Proclamation No. XXXVIII of the 13th of December, 1938.

burden of proving that a licence under this Ordinance in respect of

any bull was in force at the time when the offence was committed,

shall lie on the person charged with the offence.

Where a bull which has been licensed for service as

hereinbefore provided dies or becomes affected with disease or

otherwise becomes unfit for service, the owner thereof shall

forthwith notify the fact to the Director.

The Director shall, in the month of July of each year, affix

to the notice-board of his department a list of bulls licensed under

article 3, specifying in respect of every such bull, the breed, the

place where the bull is kept, the address of the owner, and the date

of issue or renewal of the licence, together with a list of the

districts in which, in his opinion, there is an adequate number of

bulls so licensed.

The Director and any other officer acting on his behalf,

shall, for the purpose of the execution of this Ordinance, have

power -

(a) to enter, at all reasonable times, any premises or place

where he has reasonable grounds for believing that any

of the provisions of this Ordinance or of any rules

made thereunder are being contravened;

(b) to examine, either alone or in conjunction with any

other person, whom he may appoint, any bovine

animal which he finds in any such premises or place,

and which he has reasonable cause to believe to be or

to have been used contrary to any of the provisions of

this Ordinance or of any rules made thereunder.

The Director with the approval of the Minister responsible

for agriculture may, under such conditions as may be deemed fit,

grant subsidies to owners of bulls licensed under article 3.

Any person who knowingly uses for service any bull or

cow affected with bovine tuberculosis, contagious granular

vaginities, foot and mouth disease, or any other infectious or

contagious disease, shall be liable, on conviction, to a fine (multa)

not exceeding one hundred and sixteen euro and forty-seven cents

(116.47), and the court may moreover order the destruction of any

such bull or cow at the expense of the owner.

Any person who refuses to permit the Director or any other

officer acting on his behalf to enter or inspect any premises or

place, or hinders or obstructs the Director or any such officer in the

exercise of his powers under this Ordinance, shall, on conviction,

be liable to a fine (multa) not exceeding forty-six euro and fifty-

nine cents (46.59).

Any person who contravenes or fails to comply with any of

the provisions of this Ordinance in respect of which no special

penalty is provided, or who contravenes or fails to comply with any

rule made under this Ordinance shall, on conviction, be liable to a

fine (ammenda) not exceeding eleven euro and sixty-five cents

(11.65).

Prosecution for any offence under this Ordinance shall be

barred after the lapse of three months from the commission of the

offence

Provided that, when a cow has been served contrary to the

provisions of this Ordinance, action shall not be barred before the

lapse of eighteen months from the commission of the offence.

The Minister responsible for agriculture may make rules -

(a) prescribing the manner and form in which the

application for a licence shall be made;

(b) as to the conditions (including payment of fees) under

which the Director may grant, refuse, suspend, or

revoke a licence;

(c) in regard to the loan of bulls from the Government

Stud Farm to persons in any district in which the

supply of bulls licensed under this Ordinance is

inadequate;

(d) fixing the rate of fees payable for service; and

(e) generally, for carrying the provisions of this Ordinance

into effect.