SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Ga gtok Monday 18th
September, 2017 No. 452
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
o. 15/LD/17
Dated: 18.09.2017
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of e Governor on 8th
Day of September, 2017 is hereby published for general information:-
THE SIKKIM PRESERVATION OF RABIES-FREE STATE ACT, 2017
(ACT NO. 15 OF 2017)
AN
ACT
to provide for a rabies-free State and to protect the citizens from rabies in the State of Sikkim by the control of the existing canine and feline population and preventing the entry of new canine and feline population in the State in the interests of general public health and the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year of the Republic of India as follows:-
Short title, extent and
commencement
1 (1) This Act may be called the Sikkim Preservation of Rabies-Free State Act, 2017.
(2) It shall extend to the whole of Sikkim.
(3) It shall come into force at once.
Definitions 2(1)InthisAct,unlessthecontext otherwise requires:-
(a) "animal" means any mammal of species naturally susceptible to rabies, except the human being;
(b) "authority" means the Sikkim Licensing and Registering Authority constituted under section 4;
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Responsibilities of Pet Owners
(s) "Sikkim Licensing and Registering Authority" means he authority specified under section 4 of the Act;
(t) "State Government" means the Government of Sikkim in the Department of Animal Husbandry, Livestock, Fisheries and Veterinary Services;
(u) "stray dog or cat" means any dog or cat not kept in compliance with the Act and the rules made hereunder;
(v) "suspected" means suspected of rabies;
(w) "vaccination" means the administrating to an animal of an anti-rabies vaccine and such other vaccines as may be prescribed;
(x) "veterinary hospital" means an institution or centre by whatever name called where animals are admitted for treatment;
(y) "Veterinary Officer" or "Deputy Director" means a registered veterinary Practitioner appointed by the State Government to receive information about animals and carcasses affected or suspected of being affected with specified diseases for the area in which the animal or carcass exists. 3 (1) Every pet owner shall-
(i) register their dog and cat before it reaches the age of 6 (six) months;
(ii) renew the registration annually;
(iii) pay the prescribed fee for registration and vaccination.
(2) Every pet owner shall comply with the requirement for identification of their dog and cat as under, namely:-
(a) An owner must ensure that every dog or cat born after the commencement of the Act is microchipped by attaining the age of 3 (three) months and its identification-details are entered in the Sikkim Microchip Register.
(b) All dogs must wear a collar with identification-tag indicating the owner's name and telephone number.
(c) It is unlawful for any person to own or keep any dog or cat of 6 (six) months of age or older which has not been vaccinated against rabies as required by under the Act, or the rules made hereunder;
(d) Dogs and cats shall be vaccinated as early as on attaining the age of 3 (three) months or at an age as specified in the vaccine's license, but it will be considered as non- compliance according to this section if even after 6 (six) months of age, the animals are not vaccinated;
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Declaration of Infected Area
Detention or Destruction of Any Animal Exposed
to Rabies Duties of Owners and Persons in Charge of Diseased or Suspected to be diseased Animals Seizure and
Detention of animals not under control
incidence thereof to local authorities t.e. District Medical Officer/ Chief Medical Officer of a district. The case of rabies in Animals shall be notified by the Veterinary Officer or Deputy Director of a District every month in the form as may be prescribed.
(2) A person who knows or suspects that an animal is exposed to rabies or at the time of its death was so affected, shall, immediately give notice to an officer of the local authority or a health worker or an officer in charge of the respective police station. Any person so informed shall transmit the information received in the most expeditious manner to the Sikkim Anti Rabies and Animal Health Division.
7 Where the State Government believes or suspects that any case of rabies exists in an area, it may by order declare that particular area together with any adjoining area as Infected Area for the purposes of control and eradication of that disease.
8 If any Veterinary Officer or Deputy Director of the Department or an Officer of the local authority or Officer-In-Charge of the respective Police Station receives a credible information of, or having reasonable grounds for suspecting, the existence of a case of rabies, he shall forthwith cause the matter to be investigated, and for that purpose may cause any animal to be examined and any diseased or suspected animal to be destroyed humanely or otherwise dealt with as he may think necessary. It shall be the duty of the Veterinary Officer or Deputy Director of the Department to send the brain-sample after euthanasia for histopathological examination for confirmative diagnosis of rabies.
9 Every owner or person in charge of a diseased or a suspected to be diseased animal shall-
(a) exercise their best efforts to cause it to be securely confined; and
(b) immediately give notice to a Veterinary Officer or Deputy Director.
10 Recognising that stray dogs and cats are a vital component of the ecosystem of the State, a balance must be struck between public health and existence of stray dogs and cats. A Veterinary Officer/ Deputy Director or an Officer of the local authority or Officer-In-Charge of the respective Police Station may, after due notice has been given to members of the public of that area, seize and detain any stray dog or cat that is suspected to be diseased or in need of veterinary care, or posing a risk of public health by complying with the following provisions, namely:-
(a) A Veterinary Officer/ Deputy Director or an Officer of the local authority or Officer-In-Charge of the respective Police Station shall take into account the Animal Birth Control (Dogs) Rules, 2001 ;
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Rabies Disease Surveillance in Animal Populations Offences
and Penalties
be impounded or kept in a shelter home for the purpose of stray dog population control measures.
(m) No stray dogs and cats shall be subjected to unnecessary pain and sufferings and doing so shall be a punishable offence under this Act or Prevention of Cruelty to Animals Act, 1960 or any existing rules for the time being in force.
The Department of Animal Husbandry, Livestock, Fisheries and Veterinary Services and Department of Health Care, Human Services and Family Welfare shall be jointly responsible for coordinating an ongoing rabies disease surveillance programme. Such a programme includes keeping of records and sero-surveillance of dogs, cats and other animals.
In carrying out surveillance in animal populations, any authorised person may take any steps within the rules as may be prescribed.
12 (1) Any person who contravenes the provisions of clause (a) of sub- section (2) and clauses (a), (b), (c), (d), (e) and (f) of sub-section
(3) of section 3, shall be guilty of committing an offence and shall be liable to pay a fine of Rs. 500/- (Rupees five hundred) only. Any person contravening the provision of this section for the second or subsequent time shall be punished with an imprisonment for a term of 1 (one) month and also with a fine which shall be not less than Rs. 1,000/- (Rupees one thousand) only or may extend up to Rs. 2,000/- (Rupees two thousand) only or with both.
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(2) Any person, who contravenes the provisions of clause (b) of sub-section (2) of section 3 and clauses, (i), (ii) and (iii) of section 3, shall be liable to pay a fine of Rs. 1000/- (Rupees one thousand) only. Any person/owner committing the same offence for a second or subsequent time shall be punished with an imprisonment for a term of 1 (one) month and a fine of minimum Rs. 2,000/- (Rupees two thousand) only which may extend to Rs. 5,000/- (Rupees five thousand) only or with both.
(3) Any person who contravenes the provision of clauses (2) (c) and
(d) of section 3 shall be liable to pay a fine of Rs. 2000/- (Rupees two thousand) only. Any person committing the same offence for a second or subsequent time shall be punished with a rigorous imprisonment for a term of 3(three) months and a minimum fine of Rs. 3,000/- (Rupees three thousand) only which may extend upto Rs. 5,000/- (Rupees five thousand) only or with both.
(4) Any person who contravenes the provision of clause (g) of sub- section (3) of section 3 shall be guilty of committing an offence and shall be liable to pay a fine of Rs. 2,000/- (Rupees two thousand) only. Any person contravening the provision of this section for the Second or Subsequent time shall be punished with an imprisonment
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Offences to be cognizable and bailable Protection of action taken in good faith Power to make rules Power to Remove Difficulties Repeal and Saving
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subsequent time shall be punished with an imprisonment for a term of 1 (one) month and also with a fine of Rs. 2,0001- (Rupees two thousand) only or which may extend upto Rs. 5,0001- (Rupees Five thousand) only or with both.
All offences under this Act shall be cognizable and bailable. An officerl public servant not below the rank of Veterinary Officer shall file a complaint before the judicial Magistrate of the 1sl Class having territorial jurisdiction to try such offence under this Act.
14 Nosuit, prosecutionorother legal proceedings shalllieagainstthe Government or any officer of the Government or any person exercising any power or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
15 (1) The State Government may, by notification in Official Gazette, make rules to carry out all or any of the provisions of this Act.
(2) In particular, \and without prejudice to the generality of the power, such rules may provide for the following matters, namely:-
(a) charges to be levied for registration and vaccination under section 3 (1) (iii);
(b) the manner of disposal of carcasses and charge for disposal under clause (f) of section 10;
(c) cost of destruction of ani als a lee ed with rabies;
(d) any other matter which has' e or ay be prescribed by rules u de . is Act.
16 (1) 9recLO"eprovisionsofthis y general or specific order e • Gazette, make such e provisions of this Act as expedient 'or removal of the
,.,:..:....:...- ~
u _O...M -s :
oe s all be made after the expiration f c mencement of this Act. e eal anything done or any action taken eoealed shall be deemed to have been e corresponding Provision of this Act.
Jagat B. Rai (SSJS) LR-cum-Secretary, Law Department.
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