The 1[Karnataka] Animal Diseases (Control) Act, 1961
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29. Time for complying with and enforcement of orders.
(1) Where by any notice, requisition or order made under this Act or under any rule or notification issued thereunder, any person is required to take any measure or to do anything in respect of any property owned or occupied by him or in his charge, a reasonable time should be specified in such notice, requisition or order within which such measure shall be taken or such thing shall be done, as the case may be. (2) If such measures are not taken or such thing is not done within the time so specified, the authority issuing the notice, requisition or order may cause the measures to be taken or the thing to be done at the cost of the person concerned. (3) The costs of any measures taken or thing done under sub-section (2) shall be recovered from the person concerned as if it were an arrear of land revenue.
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30. Power of Police Officer to arrest without warrant.
Any Police Officer not below the rank of a Sub-Inspector may, at the request in writing of a Veterinary Officer, arrest without warrant any person who has been concerned in any offence under this Act.
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31. Cognizance of offences
No magistrate shall take cognizance of an offence under this Act, except upon the complaint or report of a Veterinary Officer.
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32. Jurisdiction of magistrates
No magistrate shall try any offence under this Act unless he is a magistrate of the first class or a magistrate of the second class, specially empowered in this behalf by the State Government.
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33. Bar of claim to compensation
No person shall be entitled to any compensation in respect of the destruction of any animal or thing or of any other loss, injury, detriment or inconvenience caused to him by reason of anything done under this Act in good faith.
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34. Protection of officers taking action under this Act
(1) No prosecution or other proceedings shall lie against any officer or servant of the State Government for any act done or purporting to be done under this Act, without the previous sanction of the State Government. (2) No officer or servant of State Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of his duties, or the discharge of functions imposed by or under this Act.
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35. Limitation for certain suits and prosecutions
No suit shall be instituted against the State Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of.
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36. Power to make rules
(1) The State Government may, subject to previous publication, make rules, by notification, for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,- (i) the test to which an animal may be submitted under sub-section (4) and the manner in which the animal may be dealt with under sub-section (5) of section 6; (ii) the authority to be prescribed for the purposes of sections 7, 8 and 9; (iii) the circumstances under which licences may be granted by an Inspector under section 10, and the form and condition of such licences; (iv) the kinds or classes of animals which shall be vaccinated or inoculated in respect of each contagious or infectious disease referred to in sub-section (1) of section 12; (v) the manner in which the animal may be marked under sub-section (2) of section 12; (vi) the periods at which and the manner in which the vessels and vehicles shall be cleansed and disinfected under section 13; (vii) for disinfecting the land, building or other places or vehicle or vessel under section 14; (viii) the making of post mortem examination under section 15; (ix) for regulating the powers of an Inspector or Veterinary Officer under section 18; (x) the manner in which an animal may be buried under sub-section (1) of section 19; (xi) the distance from the shore within which the carcass shall not be placed under section 25; and (xii) all other matters expressly required or allowed by this Act to be prescribed.
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37. Rules and Notifications to be laid before the State Legislature
All rules made under section 36 and all notifications issued under section 5 shall be laid as soon as may be after they are made or issued before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more sessions and, if before the expiry of the said period either House of the State Legislature makes any modification in the rules or notifications or directs that any rule or notification shall not have effect and if the modification or direction is agreed to by the other House, the rules or notifications, as the case may be, shall, thereafter, have effect only in such modified form or be of no effect, as the case may be.
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38. Repeal and savings
The Bombay Animal Contagious Diseases (Control) Act, 1948 (Bombay Act LIX of 1948), as in force in the Belgaum Area, the Madras Cattle Disease Act, 1866 (Madras Act II of 1866), and the Madras Rinderpest Act, 1940 (Madras Act XIX of 1940), as in force in the Mangalore and Kollegal Area, the Coorg Animal Contagious Diseases Act, 1941 (Coorg Act IV of 1941), as in force in the Coorg District, the Mysore Diseases of Animals Act, 1949 (Mysore Act XXI of 1949), as in force in the Mysore Area, the Glanders and Farcy Act, 1899 (Central Act No. XIII of 1899), and the Dourine Act, 1910 (Central Act No. X of 1910), as in force in the Belgaum and the Mangalore and Kollegal Areas are hereby repealed: Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), shall be applicable in respect of the repeal of the said enactments and sections 8 and 24 of the Karnataka General Clauses Act, 1899, shall be applicable as if the said enactments had been repealed and re-enacted by a Karnataka Act.
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