The East Punjab Livestock and Birds Contagious Diseases Act, 1948

¢ 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= o W 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 premises, 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 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, 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 1 948. [Received the a sseht of His Excellency th e G'ovérm,, o ‘he 15th November, 1948, and was first published in the East Punjab Gover nment Gazette (Extrordinary) of November 20, 1948.] " - ) 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 par t by the Adaptation of Livestock and Birde Laws Order, 1950. Contaglous Diseases - . - Act, 1948. ) Extended fo the “territories which, immediately before the- 1st ‘ Novembr, 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 Ac t 25 of 1964* Amended by the Pun jab Reorganisation (Chandigarh) (Adaptat ion of Laws on State and Concurrent Subjects) Orders, 1968. Ex, *For Statement of Obje cts and Reasons, see East P unjab Government Gazelt corzordinars), 1948, pago 262, for the Select Commitee’s Repart, se East Pupjab Semar:tmem Gazette, 1948, Part V, pages 818 , For proceedings in the Assembly, Uy g onieb Legislative Asserbly, ebate s, 1948, VolumeIl, pages 87604 925= ; Volume TIT, 1948, pages 204 —206. T Gue:‘!:ot Statement of Objects and Reasons, S¢¢ yumab ’ 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 Reasoss, Gazets ) 3 ® (Extra-ordinary), 1964, pages 995 37 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 theward. “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) 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 s pecified 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] abf ectqd contact with or in close proximity to o g so affected ; XImity to 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 diseases f p or the purpose of this ~Act, but the ![Cent may, by notification— [Central 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 b Y veterinary name or designation appoint any person holding -the office Surgeons. of Veterinary Assistant or Veterina ry Assistant Surgeon, or any graduate of a recognised veterinary college whom they think fitto bea Veterinary S urgeon for the purposes of this Act, and may define the area within which he shall exercise the powers and perform t he dutiesof a Veterinary Surgeon under this Act. (2) A Veterinary Surgeon shall have all the powers 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 by name o o . . i an Ins- designation appoint any person it thinks ?t 1::; bAec t) and pector for anmy or all of the purposes 0 may defi e ich he shall exercise the y define the area within WhiC tal to such purposes- 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 Government” by 0 Puniad 1968, Chandigary) (Adagggg:o?g;w f ;;tgmg and Concurren t Subjects) 01 ;61 pusiab Act No- 33 of 127 *Substituted for the - words *‘animals” bY pary Inspectors. of Veteri- Sy Surgeons ad ng Tnspectors o SL;au be deenied to be a public servant Wi the meaning 1 - of section 21 of the Indian Penal OPde-' - 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® oot Pbe Act XLVIL] LIVESTOCK AND BIRD 198 : Eas! CONTAGIOUS DISEASES s The 1[1ivestock or bircs] so detained shal . dég)‘ o care of the person incharge who shall gel rrfs’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 Governme nt]. 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 spe cific area. . The 2[Central Government] may by regulations Pover to_ control rohibit or limit the sale of or other traffic in infective tmme,n ofeive 1[1ivestOCk or birds] or in the carcasses of [livestock or ' birds] which at the time of their death were infective or in any parts of such 1[livestock or birds], o r litter, feeding utensils or other things which may carry infection. 12. () Every vessel or vehicle used by afi;fiiflgfflggfigg common carrier for the transport of [livestock OF and vehicles. birds] shall be cleansed and disinfec ted periodically in such mannet as the 2[Central Governme nt] may by regulations prescribe. (2) The ?Central Governmen t] may appoint places, where an Inspector may detain a nd inspect any suc vessel or vehicle and, if it is'not in a s anitary condition, the Inspector may require it to be c leansed and disinfected in the manner prescribed within such time a s he may appoint. . (3) If such vessel or vehicle is not so cleansed and dis- infected within the appointed time the Insp ector 1ay g?:;;: it to be cleansed and disi nfected at the expense of its T, (4) This section shall not apply to th e 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 Concurren t Subjects) Order, 196 or °‘hesrucb§‘~““‘°d for the w ords *“animal markets, animal” faifs; animal extib tcentration of animals” by Punjab Act No- 33 of 1 961- 316 LIVESTOCK AND pI RDS [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 made 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 carcass . 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 he 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 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] destroyed. compensation shall be determined in accorda nce 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:gmmitte in respect of such Ylivest ock or bird] ; i id 1 t of any it ensation shall be paid in re spec y (if) ’ifiiffér;t‘gck or bird] which, whm;1 1tIl ;via;sa Pgfiufis into the 3[Union territor y 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 AND BIRDS [1948 : East 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 et ildi rd, vessel or vehicle disinfected, 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 s uch 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 or management 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 Dapieaton of e 31, he Veterinary Surgeon shall, as soon as Veterinary Surgeons, possible, examine the infected pla%e and the S[livestock or birds] kept therein, and st kept th 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 0 all 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 S Tor 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 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 temporarily kept for purposes of sale, transit or exhibition, he may , by order in writing, declare such place to be an in fected place. ! (2) The Veterinary Surgeon shall the vernacular of the locality, to be exhibi t- such order, in ed prominent]y in the infected p lace, an copies at the office of the local auth ority, or to the nearest station master of the rai officer-in-charge of the a ir 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 nearest 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 presc ribed ]in this behalf. of the Veterinary Declaration of in- fected areas by the Surgeon under sub-sectio n (2) of section 21 -or uncer sub- P section 22 and after such f urther inqury, i Centre Government section (2) of any, as it may think fit, t he *[Central Go vernmen t]— (2) may cancel any delcaration made und er sec- tions 20, 21 or 22 ; or (b) may confirm such declaration either wit h or without modifications .- (2) Where the '[Central Governmen t] cancels any declaration, the Ins pector shall give no tl lation to- all persons to whom copies were delivered or on whom notices O were served. ce of the cance l- of such declar ation f such declarat ion (3) Where the [Central Gover nment] confirms such ations the declaration either Wwith or without moO ific : "[Central G:\l/erninent] shall, by notification defining tlhe limits of the area to which the noti fication shall applys 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+ 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, 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] alive or dead, or any part of Iflivestock or bir d] or any fodder, bedding or other thing i n 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 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. 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 Ponatty 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 Inspector maliciously and Penalty for mali- Vexatiousl(y )enters or inspecfs any land or building or other g y 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 ex tend to six months or w1 thth ne which may extend to five hundred rupees, of wit h both. . . ot 2) No tion under this section shall be inS luteé a)fter th%tg:f)‘i::‘; of one month from t he 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. 424 LIVESTOCK AND BIRDS (1948 : East Pb. Act x1yy, CONTAGIOUS DISEASES . this Act, except und ion of pro- ’ rosecution under ’ CT sec. e o tion 3353 slgfi ll))e instituted excelpt by orI under the authg, rity of the Veterinary Surgeon [or the Inspector]. i ffence under ¢ 36. No magistrate §hall tr y any o rthis magistrates. o Act ugless he is ag 2[Judicial Magistrate of the fir st clags o a Judicial Magistrate of the sec ond class specially empoy,. ered in this behalf by the Hig h 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, 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-section (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 part 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] alive ;. gzl;'}tlg c(J)tf 1[%32%)%?( or birds] or fodder, bedding or other thing ; in infective ohibi imit sale or traffic in i o tfil‘gggg‘gllct 8;: llalglds] or carcasses of infective ] . 1[livestock or birds] ; j 3301961 I’“'all:};rltli;];gnjab Reorga nisation 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 DS [1948- East Pb. Act x ESTOCK AND B L 326 L?c,mmmous DISEASES VI, he disinfection of vessels or yep.: sed by common Carriers, 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 gulations 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 N S (Chandigarh) (Adaptation of Loy, tate Governmen(> By tll);e Punjab Reol‘sflflis";'fi‘}n S onState and Concurrent Subjects) Order, 1 = 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.