Chapter V Chapter V

It shall be the duty of all persons entrusted with the performance of any duty under the provisions of this Act and of such officers of the Veterinary, Agriculture, Co-operative and Revenue Departments, Gram Panchayats and Police Officers (including chaukidars and dafadars) as may be specified in the rules (a) to give immediate information to the nearest Veterinary Officer or to the nearest police station of the commission of any offence or of the intention or preparation to commit any offence punishable under this Act which may come to their knowledge; (b) to take all pursuable measures in their power to prevent commission of any such offence which they may know or have person in believe is about or likely to be committed; and (c ) to assist any Veterinary Officer or any other officer or person in carrying out the provisions of this Act and the rules made there under.

(1) Subject to such rules as may be prescribed, a Veterinary Officer or any officer or person authorized by him in this behalf shall have power to enter into and inspect any land, premises, yard, building, or any vessel or vehicle for the purpose of exercising the powers and performing the duties conferred or imposed on him by or under this Act. (2) Every person in occupation of any such land, premises, yard, building or vessel or vehicle shall allow the officer or person concerned such access as he may require for the aforesaid purposes and shall answer any question put to him by such officer or person to the best of his knowledge or belief.

Every Veterinary Officers, every officer and person authorized by the Veterinary Officer and all persons entrusted with the performance of any duty under the provisions of this Act or the rules made there under shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860).

The State Government may, by notification, delegate to any officer of the State Government all or any of its powers or function under sections 5, 7, and 9.

(1) No suit, prosecution or other legal proceeding shall be against any servant of the State Government or any person for anything which is in good faith done or intended to be done under this Act or the rules made there under. (2) No suit, prosecution or other legal proceeding shall lie against any servant of the State Government or a local authority acting under this Act or the rules made there under without the previous sanction of the State Government or the local authority, as the case may be.

Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898 (V of 1898), an offence under Chapter II shall be cognizable.

No Court shall take cognizance of any offence under this Act, unless upon a complaint made by or under the order of the prescribed authority.

(1) The State Government may, after previous publication, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for – (i) the manner in which a report required in sub-section (4) of section 5 shall be made; (ii) the manner in which a notification issued under sub-section (1) of section 7 may be published; (iii) the kinds or classes of animals which shall be vaccinated and inoculated in respect of each contagious disease referred to in sub-section (1) and the manner in which an animal may be marked under sub-section (2) of section 8. (iv) the manner in which an application may be made under sub-section (2) of section 10; (v) the manner in which the expense referred to in sub-section (2) of section 10 shall be calculated; (vi) the issue of an order by a Veterinary Officer under section 11; (vii) the tests to which an animal may be subject under section 12; (viii) a post mortem examination of an animal under section 13; (ix) the manner in which an animal may be dealt with under section 19; (x) the enumeration of contagious diseases for the purposes of section 19; (xi) the manner in which and the authority to which an appeal may be preferred under section 22; (xii) the procedure for, and other matters (including fees) incidental to, the disposal of appeals under section 22; (xiii) prescribing the breed of the bull and the authority by whom it shall be approved under section 30; (xiv) any section to be taken by a Veterinary Officer or any other officer or person authorized by him under section 32; (xv) the circumstances in which duplicate of licence may be granted and the fee which may be charged for the grant of such duplicates; (xvi) the powers to be exercised and the duties to be performed by officer appointed under this Act and the procedures to be followed by such officers in the discharge of their functions under this Act; (xvii) the services of notices and orders issued under this Act; and (xviii) all matters expressly required or allowed by this Act to be prescribed; (3) In making rules under sub-section (1) and (2), the State Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to Rs. 50.