Chapter III PENALTIES AND PROCEDURE

(d) being a common carrier fails to clean or disinfect any vessel or vehicle used for the transport of livestock or birds in such manner as may be required under sub-section (1) 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 Inspector under sub-section (1) of section 15; (g) fails to comply with an order made by the Veterinary Surgeon under sub-section (1) of section 19 ; (h) removes any livestock or bird or thing from any infected place in contravention of section 24; shall be punishable with fine which may extend, in the case of a first conviction, to Rs. 100, and, in the case of a second or subsequent conviction, to Rs. 500.

Whoever keeps or grazes in or on any forest, open field, roadside, or other un-enclosed land to which other persons have a right of access for their livestock or birds, any livestock or bird which he knows to be infective shall be punishable with fine which may extend, in the case of a first-conviction to Rs. 100 or, in the case of a second or subsequent conviction, to Rs. 500.

Whoever brings or attempts to bring into any market, fair, exhibition or other concentration of livestock or birds, any livestock or bird which he knows to be infective shall be punishable with fine which may extend, in the case of a first conviction, to Rs. 100 or, in the case of a second or subsequent conviction, to Rs. 500.

Whoever places, or causes or permits to be placed, in any river, canal or other water, the carcass or part of the carcass or any livestock or bird which at the time of its death was infective or which has been destroyed as being infective or suspected of being infective shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend, in the case of a first conviction, to Rs. 100 or, in the case of a second or subsequent conviction, to Rs. 500 or with both imprisonment and fine.

Whoever, without lawful authority, disinters or causes to be disinterred the carcass or part of the carcass of any livestock or bird which at the time of its death was 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 Rs. 100 or, in the case of a second or subsequent conviction, to Rs. 500.

(1) Whoever being an Inspector maliciously and veraciously enters or inspects any land or building or other place or any vessel or vehicle, or seizes or detains any livestock or bird, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 500, or with both. (2) No prosecution under this section shall be instituted after the expiry of one month from the date on which the offence is alleged to have been committed.

No prosecution under this Act, except under section 33, shall be instituted except by or under the authority of the Veterinary Surgeon or the Inspector.

No magistrate shall try any offence under this Act unless he is a magistrate of the first class or magistrate of the second class especially empowered in this behalf by the Government.

Save as provided for in section 18, no person shall be entitled to any compensation in respect of the destruction of any livestock or bird or thing or in respect of any other loss, injury, detriment or inconvenience caused to him by reason of anything done under this Act in good faith.

The Government may, by notification, delegate all or any of its powers under this Act to any of its officers.

(1) The Government may make rules consistent with this Act for all or any of the following purposes, namely:- (a) to define the powers of entry and inspection of an Inspector under section 8; (b) to prohibit or regulate the holding of markets, fairs, exhibitions or other concentrations of livestock or birds under section 10; (c) 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 livestock or birds under section 14, and the disposal of livestock or birds under sub-sections (1), (2) and (3) of section 17 ; (e) to provide for the determination of the compensation payable under section 18 ; (f) to regulate the exercise of the powers of the Veterinary Surgeon and Inspector under Section 19 ; (g) to prescribe the authority referred to in sub-section (2) of section 21 and sub-section (2) of section 22; (h) 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 ; (i) to prescribe scales of charges to be followed in certificates under section 27 for expenses incurred 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 Inspectors and prescribe their qualifications; (l) to prescribe the manner in which any report or notice under the Act shall be made or given ; (m) to prohibit or regulate the entry into Himachal Pradesh or any specified part or place thereof, and the movement from one place to another in Himachal Pradesh of livestock or birds, alive or dead, or parts of livestock or birds or fodder, bedding or other thing ; (n) to prohibit or limit sale or traffic in infective livestock or birds or carcasses of infective livestock or birds ; (o) to regulate the disinfection of vessels or vehicles used by common carriers, the cleansing and disinfection of buildings, yards and other places used for livestock or birds, and the destruction of infected matter or things found therein or near thereto ; (p) to prescribe the tests to be applied to livestock or birds suspected of being infective; (q) to prescribe the manner in which livestock or birds shall be destroyed, and the manner in which carcasses or parts of carcasses, fodder, beddings 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-State quarantine stations. (2) In making a rule under this section, the Government may direct that a breach of it shall be punishable with fine which may extend, in the case of a first conviction, to Rs. 100 or, in case of a second or subsequent conviction, to Rs. 500. (3) Every rule and regulation made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Legislative Assembly makes any modification in the rule or the regulation or decides that the rule or the regulation should not be made, the rule or the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

(1) The power to make regulations and rules conferred by this Act is given subject to the condition of the regulations and rules being made after previous publication. (2) All regulations and rules made by the Government under this Act shall be published in the official gazette.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

The East Punjab Animal Contagious Diseases Act, 1948 (47 of 1948), as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the Punjab Livestock and Birds Diseases Act, 1948, as in force in the areas transferred to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966, (31 of 1966), are hereby repealed: Provided that anything done or any action taken or any proceedings commenced or continued under the aforesaid Acts shall be deemed to have been done, taken, commenced or continued under the corresponding provisions of this Act.