¢
1948
. East Pb. Act XLVIL] LIVESTOCK AND BIRDg CONTAGIOUS DISEASES o
THE EAST PUNJAB LIVESTOCK AND Bj
CONTAGIOUS DISEASES RDS TABLE OF CONTENTS .
CHAPTER I—Preliminary.
Sections.
1.
o
o
o= oW
10.
11.
12
13,
14.
13.
16.
17.
18,
19,
20,
-
4
2
23,
21,
»
short title, extent and commencement, Power to exempt areas from the provisions of this Act, Definitions.
Scheduled discases.
Veterinary Surgeons,
Inspectors.
Status of Veterinary Surgeons and Inspectors. Powers of Inspectors.
CHAPTER II—The Control of Disease
Powers to regulatg inter-State trade and to control transport of livestock and birds and things which may spread diseases. Power to control the holding of markets, fairs, etc. Power to control traffic in infected livestock and birds. Cleansing and disinfection of vessels and vehicles. Duty of certain persons to report scheduled diseases. Power of Veterinary Sfirgeon to hold post-mortem. Power to isolate infective livestock and birds. Examination by the Veterinary Surgeon.
Action after examination by the Veterinary Surgeon. Compensation for livestock and birds destroyed.
. H sels or Power to require disinfection of infected premise s, VeS
vehicles.
Declaration of private infected places. Examination of infected places by Veterinary Surpecl:
Declaration of public infected places. i rnment.
Declaration af infacted areas by the Central Gove
1
N
VESTOCK AND BIRDS [1948 : Eagt Ph,
30 L(l:ox'u'mlous DISEASES Act x|,
24. Removal of animals and other things from infected are places. or
25. Power to return livestock or birds, etc., to infecteq areas,
26. Time for complying wuh and enforcement of orders,
27. 'Recovery of expenses incurred under this Chapter., CHAPTER ITI—Penalties and Procedure
28. Penalties for contraventions of Acts, Regulations and Ry]eg
29. Penalty for keeping or grazing infective livestock or birds j, unenclosed land.
30. Penalty for bringing infective livestock or birds to marker, 31.—
Penalty for placing carcass of infective animal in Tiver,
32. Penalty for disinterring carcass of diseased livestock or birds,
33. Penalty for malicious and vexatious entry of seizure by Inspector. J
34. Arrest without order or warrant.
35. Institution of proceedings,
36. Jurisdiction of magistrates.
37. Barof clafin to compensation.
38. Power of Central Government to make regulations and rules.
39. Power to ma, AL ke regulations and rules subject to previous publication.
40. Protection to persons acting under this Act.
APPENDIX 1
Schedule of diseases referred 1o in section 4 of the Animal Conte: gious Diseases Act, 1948,
2
g 'S pb. Act XLVII] LIVESTOCK AND BRDs
311
CONTAGIOUS 'DISEASES 1o - East 1048 ¢ Eas
T PUNJAB LIVESTOCK AND BI
RDS
/HE EAS * ENTAGIOUS DISEASES ACT, 194 East Punjab Act XLVII of 19
48.
[Received the a sseht of His Excellency the G'ovérm,, o 'he 15th November, 1948, and was first published in the East Punjab Govern
ment Gazette (Extror dinary) of
November 20, 1
948.]
"
- )
1 2 3 I
4
Year | No. Short title 'Whether ed or other wise affe by legislation - s
1948 |XLVIL | The East Punjab | Amended in part by the Adaptation of Livestock and Birde Law s Order, 1950.
Contaglous Diseases - .
- Act, 1948. )
Extended fo the "territories which,
immediately before the- 1st 'N ovembr,
sed in the State of
_patiala and East Punja b States Union
by punjab Act 5 of
19593.
Amended by Punjab-Act 33 of 1961°
Amended by Punjeb Act 25 of 1964*
Amended by the Punj ab Reorganisation (Chandigarh) (Adaptati on of Laws on
State and Concurrent S ubjects) Orders,
1968.
Ex, *For Statement of Objec ts and Reasons, see East Pu njab Government Gazelt corzordinars), 1948, pago 262, for the Select Commitee's Repart, se East Pup jab
Semar:tmem Gazette, 1948, Part V, pages 818 , For proceedings in the Assembly, Uy g onieb Legislative Asserbly, ebates, 1948, VolumeIl, pages 87604 92 5=
; Volume TIT, 1948, pages 204 —20
6. T
Gue:'!:ot Statement of Obj ects and Reasons, S¢¢ y umab ' qo'i_emméflt (Extraordinary) 1958, page 1487.
. o w :
, o extge llementf Qbjocts and Reasons, see PunjabGovernment &
1961, page 173 i
e S
3 ffinjab_ '('ngemmw
LR
o E ke T o & et O Statement of Objects and Reaso ss,
Gazets )
3
® (Extra-ordinary), 1964, pages 9953
7
LIVESTOCK AND BIRDS [1948: Eag¢ Pb,
32 CONTAGIOUS DISEASES Aot XI'VII ide for the prevention and contro) s PO ffecting livestock ang birds] °F 'l Whereas it is expedient to provide for the . and control of 1[diseases affecting livestock and%rii'ég?t!op hereby enacted as follows:— it
CHAPTER I—Preliminary
Short title, extent 1, 2[(]) This Act may be called the Py, and commencement ( njab Lj and Birds Contagious Diseases Act, 1948]. = =~ estock
(2) It extends to the whole of the 3[Union Tertitory of Chandigarh].
(3) T]ns séctib}i shall come i-nfo' f_ord; at once and the "{Central Government] may by notification bring the Test of the Act, or any part of it, info force in the 5[State] o any area in the 5[State] on such date and for such period as may be specified in the notification. e ros vy 2t 2. Notwithstanding anything contained in section 1, provsions of s the {[Central Government] may by notification exempt Act. any area from any or all of the provisionsof this Act, or dir- ect that any provision of this Act shall apply to any area with such modifications - as may be specified. Definitions. 3. In this Act, unless there is anything repugnant in the subject 'or context,— :
°l@) 'livestock' means all domesticated animals maintained on farms or by individuals in- cluding horses, donkeys, mules, elephants, cattle, buffaloes, goats, sheep, dogs, cats of such other animals - as may from' time 10 + time be specified by the 4[Central Governmen(] by notification; _ ; S
Substituted for the 'e Act No. 33 of 196]. Vacts1E
ontagious diseases ffecting animals" by Punld
sSubstituted by " ipiz,
" htapistituted for thewar . "Punjab by the Punjab Reorganisation (Cb (Adaptation of Laws on Staje mu?'?:mcffi':fig Sugjms)_OrM.' 1968. 'Bubstituted for the words "Btate Government" by f5id. 1950 *Substituted for the word "Provigser by the Ktaptaticn of Laws O7ée? *Subsitated for exising Clstse (s) by Punja Act No: 33 of 196k i)
4
vy East Pb. Act xLVII.:] LIVESTOCK AND BIRp
CONTAGIOUS DISEASE: 33
(aa) 'bird> means a domesticat chick, and includes such :t%erf%'?r]& 800se or from time to time be sp
ecified by the 1 as may
C'iovgrnmqnt] by notification ;] ¢ [Centra] (5 'aninfective animal' is one which is af with a scheduled disease or has recent] abfe ctqd
contact with or in close proximity to o g so affected ; XImity t
o an animal
© 'prescribed' means prescri . ) 'orhr lg:fi gla ge o derp thi;]kj:(ti- by regulations scheduled disease' means any dis
time being included in t ease for the endiz . in the schedule in AP'
4. The diseases specified in the Schedule in Appendix Scheduled discases I shall in the first instance be scheduled disease s f
p or
the
purpose of this ~Act, but the ![Cent
may, by notification— [C
entral Government]
(a) delete any entry from the Schedule, or
(b) include in the Schedule any communicable _ disease of ?[livestock or birds] to which it is expedient in' their opinion that the provisions of this Act should apply.
5. (f) The [Central Government] may either bY veterinary name or designation appoint any p erson holding -the office Surgeons. of Veterinary Assistant or Veterinar y Assistant Surgeon, or
any graduate of a recognised v eterinary college whom
they think fitto bea Veterinary Su rgeon for the purposes
of this Act, and may define the area within which he shall exercise the powers and perform th e dutiesof a Veterinary
Surgeon under this Act.
(2) A Veterinary Surge on shall have all the pow ers
of an Inspector under this Act, and may
exercise SUC
Veterinary Sur-
powers concurrently with his powers as geon
:
6. The {{Central Government] M2y cither byname o
o . .
i an Ins-
designation appoint any person it thinks ?t 1::; bAect ) and
pector for anmy or all of the purposes 0 may defi e ich he sh
all exercise the
y define the area within WhiC tal to such pu rposes-
Powers and perform the duties incidentalt tion 6
7. Any person appointed under sectl.'t']';i]f or o i
. wg,nisotion *Substityted f wtate Governm ent" by 0 Puniad 1968, Chandigary) (Adagggg:o?g;wf ;;tgmg and Concurrent Subjects) 01 ;61
pusiab Act No- 33 of 127 *Substituted for the - words *'animals" bY pary
Inspectors.
of Veteri-
SySurgeons ad
ng Tnspectors
o SL;au be deenied to be a pub
lic servant Wi the meaning
1
- of section 21 of the Indi an Penal OPde-' -
5
314 LivESTOCK AND BIRDS [1948 : East py, Actxry, CONTAGIOUS DISEASES Powers of A Inspector may, subject to any. rujeg ' S this l'?ehafijllay th]; "[Central Government], enter an('l';?ge in any land or building or other place or any vessel or thipceIct for the purpose of exercising the powers or perfOrming ; kf' duties conferred and imposed on him by or unde, this Acte - CHAPTER II—The Control of Disease
Power to regulate 9. (I) The [Central Government] for the Purpos o conpe preventing the outbreak or spread of any scheduled gise:sgf transport of *[Live- MAy, by notification prohibit or-regulate in such Manpe, things " oids] and and 'to such extent as they may think fit— . spread discases () the bringing or taking into the-2[Union territor of Chandigarh] or an% specified place therejp 'of any 3livestock 'or birds], alive or dead or of any parts of 3[livestock -or birds] or of ay kind. of fodder, bedding or other thing which may, in their- opinion,: cari'y infection ;
(b) the removai from. any specified -part of the -H[Union _terriroty- of Chandigarh]: of any such ®[livestock_or: bi »: Parts -of . 3[livestock or birds]. or things, .. .- v -
(2) The.3{Central Governimenit] may, by nofifcatio, -specify the season or seasons »d_uting...v&"'h'.i_éh,afidit_}_le route into the 4[State] and 10-person shall import 3livestcck or birds] into the '[State] otherwise than uring the = season and by the route so appointed. Nl
(3) The [Central Government] may establish quaran- tine stations for the inspection and detention of such *[livestock or birds) along the route appointed under sub-section (2). : - (4) The period of deterition of #[livestock ~ or birds] 2t 2 quarantine stafion for the purpose of inspection, vacci- nation, if necessary, marking and issuing of a permit for the telease of Ilivesteck of birds] from the station shall b .- suchas may be preséribed by the- {[Central Government].:
:Substituted for" the werds HState Goveraghon™® ho ¢t ijab - Reoranisalio ndigarh) (Adaptation of Laws o: g:;earfi? gncfi',',?; s;lrulf,'"e%gs) Order, 1968
"Substituted for the wopge imals" by Bunjab AG e 38 of" 1981. *Substituted for the word "P&n):'ai;""-bi' ib.izzf- T S 'Substituted for the word "Broviace by tao _Adapteption of Laws.0sder®
6
oot Pbe Act XLVIL] LIVESTOCK AND BIRD 198 : Eas! CONTAGIOUS DISEASES s The 1[1ivestock or bircs] so de tained shal .
dég)' o care of the person incharge who shall gel rrf s'gi}{f
uiule for their fe'?duig
in:ngpkeefi. and for
the payment of
s eir vaccination and
marking as ma be !
{f; {fifi tg.l[Central Governmen t]. may
be prescribed
_ The ?[Central Government], for the pur Pow preve ating the ou_tbreak or spread of any schedul%d g?:;s%f g':,k:é'°i%"§0"tr§; P, b notification, prohibit or regulate, in such manner e - such extent as 1t may think fit, the holding of *[mar- yets, TAiIS, exhibitions . or other concentrations of livestock or birds] in any spec
ific area.
. The 2[Central Government] may by regulations P over to_ control
rohibit or limit the sale of or other traffic i n infective tmme,n ofeive
1[1ivestOCk or birds] or in the carcas ses of [livestock or '
birds] which at the time of their d eath were infective or in
any parts of such 1[livestock or birds], or litter, feeding
utensils or other things which may carry infection.
12. () Every vessel or vehic le used by afi;fiiflgfflggfigg common carrier for the tra nsport of [livestock OF and vehicles. birds] shall be cleansed and disinfect ed periodically in such
mannet as the 2[Central Governmen
t] may by regulations prescribe.
(2) The ?Central Government ] may appoint places, where an Inspector may detain a nd inspect any suc
vessel or vehicle and, if it is'not in a sa nitary condition, the
Inspector may require it to be c leansed and disinfected in
the manner prescribed within such time as he may appoint.
. (3) If such vessel or vehicl e is not so cleansed and dis- infected within the appointed time the Inspe ctor 1ay
g?:;;: it to be cleansed and disin fected at the expense of its
T,
(4) This section shall not apply to the rolling stock
of . .
any railway or any aircraft. *Substituted- for the word "animials™ by Punjab Act No.330f1961- Reorgani"'im' (Chan;.s"bstit"ted for thé words "'State G
vernment" by the Punjab 8.
'garh). (Adaptation ofoLasvs of:a Siateoand Concurrent Subjects) Order, 196
or °'hesrucb§'~""'°d for the wor
ds *"animal markets, anim
al" faifs; animal extib
tcentration of animals" by
Punjab Act No- 33 of 1961-
7
316 LIVESTOCK A
ND pIRDS [1948 :
East Pb. A -
CONTGIOUS DISEAS
ES
ner or person in charge or evey 13. Evern); 00:{16 1[Union tim;:lory l;)f Chandigagh]';zfé scheduled disease. £ titioner who has been called ¢, terinary practitic = 10 tre Efifiigsfgck of byir%] which he has reason to believe to b
infective shall forthwith report the fact to
the Inspectq
exercising powers in the
area.
i
Duty of certain e A
persons to_report gon bringing 1
Power_of Veteri- 14. Subject to such rules as may be made in ty nary Surgeon to by the S[Central Government], the Vetering,
hold post-mortem. behalf by ke or cause to be ma
de a POSt-monen{
Surgeon may ma : :
exargninationyof any *[livestock or bird] which at the time
of its death was infective, or is suspected to have been they
infective and for this purpose he may cause the carca
ss
. of any such ?[livestock or bird] to be exhumed. _ Power to__isolate 15. (1) Where an Inspector has reason to belicve i nective "flivesock ghat ay ?[livestock or bird] is infective h may, by orderin writing, direct the owner or person In charge of such
?[livestock or bird] to keep it where it is for the time being or to remove it or allow it to be removed to such place of isolation or segregation and within such period as may be specified in the order :
Provided that where there is no person in charge of
the ?[livestock or bird], and the owner is unknown or the order cannot be communicated to him without undue delay
or the person in charge of the 2[livestock or bird] refuses to do as ordered above the Inspector may seize the 'flive- stock or bird] and remove it to a place: of isolation of segregation.
(2) The Inspector shall forthwith report every order of seizure under this section to the Veterinary Surgeon. Examinati : s gogination by 16, On receipt of a report under sub-section (2) of geon. section 15 the Veterinary Surgeon shall examine the L% stock or bird] as soon as possible and may also examin® 1Substituted for the words "State o . rganisation
(Chandigarh) (Adaptation of Laws on sm:ggfiné'ggcnml:ggj?&?)fi%m 1968. =Sul?stituted for the word "animal" by Punjab Act No. 33 of 1961 *Substituted for the words
—
; ! "Stat " Reorganisat®
(Chandigarh) (Adaptation of Laws on setfe"::g?::cumt by: sl}:&ueflnj:)b Order, 1965
8
f o8 East Pb. Act XLVIL] Livestock anp BIRD§ CONTAGIOUS DISEASEs R vestock or birds] which it has been i lqll1 clgse proximity to, and for this purpostanrgg.;t:gx'rvl;:h v v estock or bird] to any test which the ¥[Central Gov = ment] may by regulations prescribe in this behalf,
317
17. (1) If, after such examination the Veteri ; ini ! et i surgeon is of opinion that any 1[livestock or bird]eli.;ngg rolnaton by i infective, the Inspector shall forthwith return it to the Vo™ Sueon. persn who in his opinion is entitled to possession of it:
Provided that where such person cannot wit -
due inconvenience be found, the Inspector shall ]slg;lctl 1tllllle i[livestock or bird] to the nearest cattle-pound, or deal with it in such other manner as the 2[Central Government] may by rules prescribe in this behalf.
(2) If after such examination, the Veterinary Surgeon certifies in writing that any 1%livestock or bird] is affected with a scheduled disease, deal with it in such other man- 5 ner as the ?[Central Government] may by rules prescribe in this behalf.
| (3) If, after such examination, the Veterinary Surgeon certifies that the ![livestock or bird] is infective though not diseased the I[livestock or bird] shall be dealt with in such manner as the 2[Central Government] may, by rule, prescribe in this behalf.
18. Compensation may be paid to the owner of '[fim"'m .
Y[livestock or bird] if destroyed under section 17, apd such pirds] des troyed.
compensation shall be determined in accordan
ce with rules
to be made in this behalf by the Z[Central Government
] :
Provided that— .
(i) no compensation shall be paid to any person
i this' icted of any offence punishable under this
*' (iAocl:,v"c:gm
mitte in respect of such Yl ivestock
or bird] ;
i id 1
t of any
it ensat on shall b
e paid in respec y(if) 'ifiiffér;t'gck or bird] which, whm;1 1tIl ;via;sa Pgfiufis into the 3[Union territory
of Cha L e
f ch it
affected with the disease
on account of whi
was destroyed.
. - .33 of 1961.
"Substituted for the word "animal"" by Punjab Act No. SW', Reorganisation & the 68. *Substj «tate Government " by Order, 19
(Chandigar;)u(uAMda;om't{B: of) Lardsws on State and qonw'l:rfl;; S""Jj""'
. *Substituted for the words "State of Puls _ a
9
AND BIRDS [1948 : Ea st Pb. Act XLvy
DISEASES
de in thi; .ot to rules to be made | S be Power to roquit }19. ](é')anf;l;ijcé overnment], the Veterinary su_,-ggfll{ gifoction romises, by t g ([)rder in writing, require the owner, occupier vessels or vehicles. May, DY any bu][dlng, yard., vessel or vehicle in fective [livestock or bird] to
318 LIVESTOCK
CONTAGIOUS
person in charge of which there has been an in e
ildi rd, vessel or vehicle disin fected, ap
have such building, ¥§ereof and other things found thereig i 1 fittings g
:)l;ex::;: l-trtlx::lercto beg disinfected or destroyed in such manner
and to such extent as may be specified in the order. ubiect as aforesaid, if such owner, occupier or perscsrzl)fasilsb {o comply with the requirements of suc h order
within a reasonable time, t_he Inspector may cause such
building, yard, vessel or vehicle to be disinfected, and the
internal fittings and other things to be disinfected or destroyed at the expense of the owner.
Declaration of pri- 20. (I) If the Inspector has reason to believe that vate infected places. there is an infective 2[livestock or bird] in any field, yard or building in which 3[livestock or birds] are kept, tempo- rarily or otherwise, he shall at once by order in writing, declare the place to be an infected place and shall deliver a copy of the order to the owner, occupier or person in
charge of the place and report his action to the Veterinary Surgeon.
(2) This section shall not apply to any place owned by or under the control ormanagement of any local autho- rity or railway administration or to any airfield where *[livestock or birds] are temporarily kept for sale, exhibi- tion or 1n transit.
Examination of in- 21 ( 1) The V; i
Dapie e 3 , e Veterinary Surgeon shall, as soon as Veterinary Surgeons, possible, examine the infected pla%e and the S[livestock or birds] kept therein, and st k h may cancel or confirm the order of
(2) If he confirms the o i ) rder he may cause notice t0 be served on the owners, occupiers or pelysons in charge 0all places in which 3[}; A a3 g therwli?e"f%v'?t}ifi,?"'°s'°°k or birds] are kept temporarily the infectod' ot @ radius not exceeding one mile from
places. place, delcaring such places to be infecte
STor T v : -
(Chandigark) (Adupacins oty S5 "STate Governiment ™ by (e Punja REcEATEH®
ot "L-aws on State and Concurrent Subj:ctjs) Order, 1968-
'*Substituted for the word "apigmgp by Punjab' Act No. 33 'of 1968 0. o Substituted for "
the word animale" by d17.0
10
I East Pb. Act XLVIL] LIVESTOCK AND BIRDS 319 CONTAGIOUS DISEASES 1948 ° The Veterinary Surgeon shall forthwith report his
flCfiOfl un py the s[Centra
der this sub-section to the authorit i
1 Government] in this behalf?, piesmtied
2. (1) Where the Veterinary Surgeon has reason to believe that infective 2[livestock or birds] are or have P];E:mlm'"fx'g
peen in any P
lace owned, controlled or managed by an i Jocal authority, . or railway
administration or aircraft
company where 2[livestock or birds] are tempor arily kept
for purposes of sale, transit or exhibition, he may , by order
in writing, declare such place to be an inf ected place.
!
(2) The Veterinary Surgeon shall the vernacular of the locality, to be exhibit -
such order, in
ed prominent]y in the infected pl ace, an
copies at the office of the local autho rity, or to the nearest
station master of the rai
officer-in-charge of the ai
r
cause a copy of
d he shall deliver
Iway administration, or to the
_field as the case may be and
shall also send a copy to the n
earest police station ; and he
shall report his action for
by the '[Centr: al Governmen
t
23. (1) On receipt of the report
thwith to the authority prescr ibed
]in this behalf.
of the Veterinary Declaration of in-
fected areas by the
Surgeon under sub-section
(2) of section 21 -or uncer sub- P
section 22 and after such fu rther inqury, i Centre Governm ent
section (2) of
any, as it may think fit, th e *[Central Go vernment ]—
(2) may cancel any d elcaration made unde r sec-
tions 20, 21 or 22 ; or
(b) may confirm such declaration either wit h or
without modifications. -
(2) Where the '[Cen tral Government] ca ncels any
declaration, the Insp ector shall give notl lation to- all persons to whom copies
were delivered or o n whom notices O were served.
ce of the cancel -
of such declara
tion
f such declarat
ion
(3) Where the [Central Govern ment] confirms such ations the declaration either Wwith or without moO ific :
"[Central G:\l/erninent] shall, by n otification defining tlhe limits of the area
to which the notif
ication shall a
pplys
declare such area to b
e an infected area. ganisation 1Substituted for the words "State Government" by :; St (Chandiwh) (Adaptation of Laws on State and Concurre! *Substituted for the word "animals"
bY Punjal jab Act
jab Reol!
l:' If,'t',"jgéu) Order,1968-
No. 330f1961+
11
320 LIVESTOCK AND BIRDS [1948 : East pp, Act l CONTAGIOUS DISEASES XLy, On the issue of such notification an declaf;le)d by the Inspector or Vegermary Surgeon %'0 g'la&'—e infected place and not included in the infecteg arep soe fined shall cease to be an infected place, and the g0 de shall give notice accordingly to the owner, « cC'or ; OCCupier " Person in charge of such place.
(5) The Inspector shall cause to be exhibited j prominent place in the infected area and in the v, lar of the area, a copy of the notlficatlon' under g section (3), and shall also cause to _be so exhibited 5 o of any subsequent notification adding to, amending, vary. ing or rescinding such notification. )
1 Sopg €rhacy. Removal of 24. (1) No peson shall remove from any infected Direstock or things area or place any '[livestock or bird], dead or alive, or any from infected afeas part of *[livestock or bird] or any fodder, bedding or other % e, thing used in connection with #[livestock or bird], save in accordance with the conditions of a licence granted by the Inspector.
.
(2) Nothing in this section railway through an infected or bird] or thing :
shall prevent the transit by area or place of any #[livestock Provided that where any thing described in sub-section ( infected area or place is unlo removed therefrom save in ac *[livestock or bird] or other
I) while in transit through an aded therein, it shall not b° cordance with sub-section (1)- Power to return 25. Where any i i
. davestogk oppirds] ved from an infected reas. dance with a licence
or police officer ma
*[livestock o bird] or thing is remo- area or place otherwise than in accor granted under section 24, any Inspector Y Tequire the owner or person in chargé *Substituted for the word "anima™ 55 Punjab ActNo, 33 of 1961, - Substituted for the word * 'animals" by g,
12
1048 East Pb. Act XLVIL,) LIVESTOCK AN D CONTAGIOUS proRDS 321 DISEASES ![livestock or bird i of such 'l A ird] or thing ¢ . arca or place, and if the owner or perxs;or?i:xe:;lll-g} 1t to such Jo so within a reasonable time, may cause it to b§° fails to at the expense of the owner withoyt further delay returned Provided that nothing in this section shayy affect the owers of an Inspector under sectjon ot tf fective animals. 15 to deal
with in.
26. Where by any notice, requisition, . . " or order under T i this Act or under any notification or rule issued thereunde; it ana"Safora any person is required to take.any measures or to do any- "o of orders. thing in respect of any property owned or occupie i . or in his charge, a reasonable time shall be s%egit?gdmig such notice, requisition or order within which such mea- sures shall be taken or such thing shall be done, as the
case may be. :
27. Where any action may be taken under this Chap- Recovery of ex. ter in respect of any property at the expense of the owner 2 inourted thereof, the officer taking such action may frame a certi- Chapter. ficate stating the amount of the expense incurred and the person from whom such amount is recoverable, and any Magistrate to whom such certificate is presented may , after such inquiry as he may think fit, recover such amount as if it were a fine imposed by him on such person. CHAPTER II1—Penalties and Procedure
- Penalties for con. 28. Whoever: traventions of Acts Regulations and
(a) removes from any part of the ?[Union territory Rules. of Chandigarh] any *[livestock or bi1:d] a live or
dead, or any part of Iflivestock or bird ] or any
fodder, bedding or other thing in
cont'raventlon
of a notification issued under
- section 9, or
e stock or birds] in
contra-
imports {liv
o
_section (2) of that secti
on;
vention of sub
61. . «apimal" by Punjab Act No. 33 of 19 'Substituted for the word "animal" by « iniab Reorganisation Substing wstate Government" by the Punja rder, 1968
(Ch""dig:lr)lsl?t'xdegpf&i?: &fi;s g:xa 40 {2 and Concurrent Subjects)
O
. o iy .33 of 1961 *Stbstituted for the word "animals" by Punjab Act No
13
322 LIVESTOCK AND BIRDS [1948 : East Pb, Aq I
CONTAGIOUS DISEASES
va"
(b) holds or promotes or takes part in any fair, exhibition or other concentration t, I[livestock or birds] in contraventioy of® notification issued under section 10 ; a
(c) sells or otherwise traffics in, or attempts ¢, sell or traffic in, an infective "flivestock or bird), o in anything mentioned in section 11 which ,{,ay carry infection, or thecarcass of ?[livestock or bird] which at the time of its death was infectiye in contravention of section 11 ;
(d) being a common carrier fails to cleanse or dgis. infect any vessel or vehicle used for the trans. port of '[livestock or birds] in such manner g may be required under sub-section (/) of section 12 or as may be required by the Inspector under sub-section (2) of that section ;
(e) fails in contravention of section 13, to report that *[livestock or bird] is infective ;
(f) fails to comply with an order made by an In- spector under sub-section (/) of section 15 ; () fails to comply with an order made by the Veterinary Surgeon under sub-section (1) of section 19 ;
(%) removes any ?[livestock or bird] or thing from any
infected place in contravention of section 24 ;
shall be punishable with fine whjch may extend, in the case of a first conviction, to one hundred rupees and, 12 the case of a second or subsequent conviction, to five hundre rupees.
Penalty for keepi
or mzinginmi% 29. Whoever
) et v keeps or grazes in or on any forest, °P animal in " unen- field, roadside, or o ther unenclosed land to which othet P of access for their !flivestock of birdsh
closed land. sons 2have a right fective any "llivestock or bird] which he knows to be infe c
shall be punishable with]fine which 111§Zy extend in the @ of a first convic.ion to one hundreq rupees or in_the ¢ S+ a second or subsequent conviction to five hundred TP *Substituted for the word "animals"byPunjab Act No.330f1961- Substituted for the word * animal" by ipig.
14
1948 East Pb. Act XLVIL] Livesrocy AND R CONTAGIOUS Dispagpy. 223
30. Whoever brings or atten " ) ir, exhibition or other L t0 bring j market, faif, C other concentrat; ANy Ponat ty for g
Sosk o birds] any *[ivestock or bir, o] whighpn 01 Live- e " Tl pe infective shall be punishable with fine which 1?1 1OWS t0 10 masies: o Pird] in the case of a first conviction to one hup, dred n';\ge?s(:end
or in the case of a second or subseque v
hundred Tupees. quent conviction
to fiye
31. Whoever places, or causes i ced, in any river, canal, or other watgrr %fi?f:fiafi be pla- onaly for placing of the carcass of any ?[livestock or bifd] which atstgr Pt Sfivestock or et of its _death was infective or which has been destr, i gme e being infective or suspected of being infective shall t?g, puni. shable with imprisonment for a term which may extegclimtl- six months or with fine which may extend in the case of§ first conivction to one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees, or with both imprisonment and fine. '
32. Whoever, without lawful authority, disinters or penalty for dis- causes to be disinterred the carcass or part of the carcass interring carcass of of any #[livestock or bird] which at the time of its death was sy mowtock infective or which has been destroyed as being infective or suspected of being infective shall be punishable with fine which may extend in the case of a first conviction to one hundred rupees or in the case of a second or subsequent
conviction to five hurdred rupees.
33. (I) Whoever being an In spector maliciously and Penalty fo r mali-
Vexatiousl(y )enters or inspecfs a ny land or building or other gy and venatous
place or any vessel or vehicle or seizes OT detains any Inspector. Yllivestock or bird] shall be punishable with 1mprlspnmfien t
for a term which may ext
end to six months or w1th
th ne
which may extend to five hundred rupees, of with both.
. . o t
2) No tion un der this section shall be inS
luteé a)fter th%tg:f)'i::'; of one month from th e dgte on which
e offence is alleged to have been committed.
*
34, = x* e
r0
—_ -
*Substituted fot the word "animals" by Pu *Substituted for the word "aaimal" by ib/d- *
njab Act No.
33 0f 1961
*Omitted by ipid.
15
424 LIVESTOCK AND BIRDS (1948 : East Pb. Act x1yy,
CONTAGIOUS DISEASES
. this Act, except und ion of pro- ' rosecution under ' CT sec. eo tion 3353 slgfi ll))e instituted excelpt by orI under the authg, rity of the Veterinary Surgeon [or the Inspector]. i ffenc
e under ¢
36. No magistrate §ha ll try any o
rthis
magistrates. o Act ugless he is ag 2[Judicial Magis trate of the first clags o
a Judicial Magistrate of the seco
nd class specially empoy,.
ered in this behalf by the High
Court].
Bur of chim o 37, Saye as provided for in section 18 no person compensation. 11" be entitled to any compensation in respect of the destruction of any [livestock or bird] and thing or in respect of any other loss, injury, d-.ter_xment or inconventence caus. ed to him by reason of anything done under this Act in good faith. .
Delegation. 4[37-A. The 5[Central Government] may, by notifica- tion, delegate all or any of its powers under this Act to any of its officers.]
Jurisdiction
Qower of Central 38, () The *[Central Government], may make 'rules make regulations consistent with this Act for all or any of the following pur- and rules. poses, namely :— ]
(a) to define the powers of entry and inspection of an Inspector under section 8 ;
() to 'prohjbit. or regulate the holding of markets; fairs, exhibitions or other concentrations of
"[livestock or birds] under section 10 ; () to appoint places for the disinfection of vessels or vehicles under sub-section (2) of section 12, and for the isolation or segregation of "[livestock or birds] under section 15 :
(d) to regulate post-mortem examination of "[1've- stock or birds] under section 14, and the disposal of "[livestock or birds] under sub- section (2), (2) and (3) of section 17 ; :
1Added by Punjab Act No. 33 of 1961. - Substituted for "magi . . second class cspecIal'l)y ;ll:'cpszmnrd.d i'zaslstratc of the first class, or a magistrate of the Act N::.Szg of 1964, this behalf by the State Government" by PusJ
ubstituted for the word *
dInserted by ibfg. YO "animal" by Punjab Act No. 33 of 1961.
SSubstituted for thy " isati
(Chandigarh) (Adaptation of lr:; State Government" by the Punjab Reorganisatio® oF, . s on State and Conc i der, 1968 the 18th Xfi;fi?'lfisl'é':fig'mfiyfinmm noufieé'fi'éf.'%'f).si'?éiifify"sfii534- dated
739—46. ' In Punjab Government Gazette, 1953, Part L P2
Substitut *, uted for the word 'animals® by Puniab Act Na 23 of 1961,
16
1948 : East Pb, Act XLVIL] wuivestock AND BIRDS CONTAGIOUS DISEASES
(e) to provide for the dete pensation payable unde
325
IMination of the - T section 18 ; .
(f) to regulate the exer Veterinary Surge
tion 19 4 geon
cise of the powers of the and Inspector under sec- () to prescribe the authority referred to in sub- section (2) of section 21 and sub-sect; section 7 ; and sub-sec ion (2) of
(1) to prescribe the form and contents of the licences to be granted by an Inspector " under section 24 and the circumstances under which
they may be granted ;
(/) to prescribe scales of charges to be followed in
certificates under section 27 for expenses in-
curred on behalf of an owner ;
(j) to regulate the isolation, detention, treatment (including sterilization and inoculation), and disposal of ![livestock or birds] which are infective or suspected of being infective, and the disposal of carcasses and parts of carcasses;
(k) to regulate the duties and powers of Inspectot and prescribe their qualifications ; scribe the manner in which any report or e t?lgt?éé under the Act shall be made or given ; or
ibit or regulate the entry —into
. ttfieproglll};lion territory of Chandngelirh]
or any specified par
t or , pa;:g
hereof, and the movement from one p ficed'-
;rf(;'thel" in the ?[Union (tjelirlthry c())rf d%ainolr f 1l k or birds] al
ive ;.
gzl;'}tlg c(J)tf 1[%32%)%?( or birds] or fodder, bedding or other thing ;
in infective
ohibi imit sa
le or traffic n
i
o tfil'gggg'gllct 8;:
llalglds] or carcasses of infective
]
.
1[livestock or birds] ;
j 3301961
I'"'all:};rltli;];gnjab Reorgan isation wyrimals by PU 'animals' p 15) Ocdor, 1968, N the word ab i :§3§§3§3§3§ i%'rr the words "State of PUEC 1 cyeront subjec te an ( Chandigarh) (Adaptation
of Laws on Sataté
17
DS [1948- East Pb. Act x
ESTOCK AND B
L
326 L?c,mmmous DISEASE
S
VI,
he disinfection of vessels or yep.:
sed by common Carrie
rs, the Cleansineh':ks
gisinfection of buildings, yards and othey o
ased for 1 livestock or birds,] and the deStrucs tion of infected matter or things found ther,
or near thereto ;
cribe the tests to be applied to [livest,, (») 'grptrf:ds] suspected of being infective ; ck
(0) to regulate t rescribe the manner in which [livestock o @ tl(:il%s] shall be destroyed, and the manner i, which carcasses or parts of carcasses, foodder, bedding or other things seized under the Act shall be disposed of ; and
(r) to prescribe the period of detention and the amount of fee for vaccination and marking at the inter-2[State] quarantine stations.
(2) In making a rule under this section the [Central Government] may direct that a breach of it shall be punish- able with fine which may extend in the case of a first con- viction to one hundred rupees or in case of a second or sub- sequent conviction to five hundred rupees. Powertomake ro. 39, (1) The power to make re i I ; . er t gulat ons and rules Subjat o previous conferred by this Act is given subject fo the condition of publication. the regulations or rules bej : bli- cation. ng made after previous pu
(2) All regulations and ryjeg made by the *[Centrsl oGéJi'clgllmclfz?zte]ttg.nder this Act shall be published in the Protection to per- 40. N .
sons acti Jo 0 suit, pr : H theaa ™" " shall lie against any pero 10 OF other legal proceediné faith done or intended to be
— e ——
\:N / 1Substituted for the word "gni,
2Substituts animals" p, a L S (Chandigarh) (Adaptation of Loy, tate Governmen(> By tll);e Punjab Reol'sflflis";'fi'}n S onState and Concurrent Subjects) Order, 1
18
= LIVESTOCK AND BIRDS [1948 : East Pb, Act XLVIL. 327 —
[
B
=
B
©
P
N
]
s w o e
CONTAGIOUS DISEASES
APPENDIX T
English nanies. Rinderpest or Cattle Plague Foot-and-Mouth Disease . Haemorrhagic Septicaemia Blackquarter.
Anthrax.
Tuberculosis.
* Johne's Disease.
Glanders and Farcy. Epizootic Lymphangitis. Dourine.
Rabies.
Surra.
Vernacular names.
1. Mata, Wah, Sitla, Mok, Zehmat
. Rora, Mun-Khur. Gal-Ghotu,
Garhi
Phar, Suja.
2
3
4
5. Sat, Goli.
6. Tap-i-Dik.
7. Purana Dust.
8. Bad Kanar.
9. Zeharbad.
10. Atshik-i-Aspan.
11. Halkapan, Bawlapan, Pagal- pan.
12. Pheta, Tebersa, or Sokra.
19