Bare Act
Chapter II Chapter II
Chapter II Chapter II
9. Power to regulate inter-State trade and to control transport of livestock and birds and things which may spread diseases
The Control of Disease
- (1) The Central Government for the purpose of preventing the outbreak or spread of any scheduled disease may, by notification prohibit or regulate in such manner and to such extent as they may think fit—
- (a) the bringing or taking into the Union Territory of Chandigarh or any specified place therein of any livestock or birds, alive or dead or of any parts of livestock or birds or of any kind of fodder, bedding or other thing which may, in their opinion, carry infection;
- (b) the removal from any specified part of the Union territory of Chandigarh of any such livestock or birds, parts of livestock or birds or things.
- (2) The Central Government may, by notification, specify the season or seasons during which and the route by which any livestock or birds may be imported into the State and no person shall import livestock or birds into the State otherwise than during the season and by the route so appointed.
- (3) The Central Government may establish quarantine stations for the inspection and detention of such livestock or birds along the route appointed under sub-section (2).
- (4) The period of detention of livestock or birds at a quarantine station for the purpose of inspection, vaccination, if necessary, marking and issuing of a permit for the release of livestock or birds from the station shall be such as may be prescribed by the Central Government.
- (5) The livestock or birds so detained shall be under the care of the person incharge who shall be responsible for their feeding and upkeep and for the payment of such fees for their vaccination and marking as may be prescribed by the Central Government.
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10. Power to control the holding of markets, fairs, etc
The Central Government, for the purpose of preventing the outbreak or spread of any scheduled disease, may, by notification, prohibit or regulate, in such manner and to such extent as it may think fit, the holding of markets, fairs, exhibitions or other concentrations of livestock or birds in any specific area.
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11. Power to control traffic in infected livestock and birds
The Central Government may by regulations prohibit or limit the sale of or other traffic in infective livestock 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 livestock or birds, or litter, feeding utensils or other things which may carry infection.
Chapter II Chapter II
12. Cleansing and disinfection of vessels and vehicles
- (1) Every vessel or vehicle used by a common carrier for the transport of [livestock or birds] shall be cleansed and disinfected periodically in such manner as the [Central Government] may by regulations prescribe.
- (2) The [Central Government] may appoint places, where an Inspector may detain and inspect any such vessel or vehicle and, if it is not in a sanitary condition, the Inspector may require it to be cleansed and disinfected in the manner prescribed within such time as he may appoint.
- (3) If such vessel or vehicle is not so cleansed and disinfected within the appointed time the Inspector may cause it to be cleansed and disinfected at the expense of its owner.
- (4) This section shall not apply to the rolling stock of any railway or any aircraft.
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13. Duty of certain persons to report scheduled diseases
Every owner or person in charge or every veterinary practitioner who has been called to treat [livestock or birds] which he has reason to believe to be infective shall forthwith report the fact to the Inspector exercising powers in the area.
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14. Power of Veterinary Surgeon to hold post-mortem
Subject to such rules as may be made in this behalf by the [Central Government], the Veterinary Surgeon may make or cause to be made a post-mortem examination of any [livestock or bird] which at the time of its death was infective, or is suspected to have been infective and for this purpose he may cause the carcass of any such [livestock or bird] to be exhumed.
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15. Power to isolate infective livestock and birds
- (1) Where an Inspector has reason to believe that any [livestock or bird] is infective he may, by order in 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 [livestock or bird] refuses to do as ordered above the Inspector may seize the [livestock or bird] and remove it to a place of isolation or segregation.
- (2) The Inspector shall forthwith report every order of seizure under this section to the Veterinary Surgeon.
Chapter II Chapter II
16. Examination by the Veterinary Surgeon
On receipt of a report under sub-section (2) of section 15 the Veterinary Surgeon shall examine the [livestock or bird] as soon as possible and may also examine the [livestock or birds] which it has been in close proximity to, and for this purpose may subject the [livestock or bird] to any test which the [Central Government] may by regulations prescribe in this behalf.
Chapter II Chapter II
17. Action after examination by the Veterinary Surgeon
- (1) If, after such examination the Veterinary Surgeon is of opinion that any [livestock or bird] is infective, the Inspector shall forthwith return it to the person who in his opinion is entitled to possession of it: Provided that where such person cannot with due inconvenience be found, the Inspector shall sell the [livestock or bird] to the nearest cattle-pound, or deal with it in such other manner as the [Central Government] may by rules prescribe in this behalf.
- (2) If after such examination, the Veterinary Surgeon certifies in writing that any [livestock or bird] is affected with a scheduled disease, deal with it in such other manner 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 [livestock or bird] shall be dealt with in such manner as the [Central Government] may, by rule, prescribe in this behalf.
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18. Compensation for livestock and birds destroyed
Compensation may be paid to the owner of [livestock or birds] if destroyed under section 17, and such compensation shall be determined in accordance with rules to be made in this behalf by the [Central Government]: Provided that—
- (i) no compensation shall be paid to any person convicted of any offence punishable under this Act committed in respect of such [livestock or bird];
- (ii) no compensation shall be paid in respect of any [livestock or bird] which, when it was brought into the [Union territory of Chandigarh] was affected with the disease on account of which it was destroyed.
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19. Power to require disinfection of infected premises, vessels or vehicles
- (1) [Subject to such rules as may be made in this behalf by the Central Government], the Veterinary Surgeon may, by order in writing, require the owner, occupier or person in charge of any building, yard, vessel or vehicle in which there has been an infective [livestock or bird] to have such building, yard, vessel or vehicle and other things found therein, and the internal fittings thereof and other things in close proximity thereto to be disinfected or destroyed in such manner and to such extent as may be specified in the order.
- (2) Subject as aforesaid, if such owner, occupier or person fails to comply with the requirements of such order within a reasonable time, the 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.
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20. Declaration of private infected places
- (1) If the Inspector has reason to believe that there is an infective [livestock or bird] in any field, yard or building in which [livestock or birds] are kept, temporarily 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 authority or railway administration or to any airfield where [livestock or birds] are temporarily kept for sale, exhibition or in transit.
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21. Examination of infected places by Veterinary Surgeon
- (1) The Veterinary Surgeon shall, as soon as possible, examine the infected place and the [livestock or birds] kept therein, and may cancel or confirm the order of the Inspector.
- (2) If he confirms the order he may cause notice to be served on the owners, occupiers or persons in charge of all places in which [livestock or birds] are kept temporarily or otherwise within a radius not exceeding one mile from the infected place, declaring such places to be infected places.
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22. The Veterinary Surgeon shall forthwith report his action under this sub-section to the authority [Central Government] in this behalf prescribed.
Declaration of public infected places
- (1) Where the Veterinary Surgeon has reason to believe that infective [livestock or birds] are or have been in any place owned, controlled or managed by any local authority, or railway administration or aircraft company where [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 infected place.
- (2) The Veterinary Surgeon shall cause a copy of such order, in the vernacular of the locality, to be exhibited prominently in the infected place, and he shall deliver copies at the office of the local authority, or to the nearest station master of the railway administration, or to the officer-in-charge of the airfield as the case may be and he shall also send a copy to the nearest police station; and he shall report his action forthwith to the authority prescribed in this behalf.
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23. Declaration of infected areas by the Central Government
- (1) On receipt of the report of the Veterinary Surgeon under sub-section (2) of section 21 or under sub-section (2) of section 22 and after such further inquiry, if any, as it may think fit, the [Central Government]:—
- (a) may cancel any declaration made under sections 20, 21 or 22; or
- (b) may confirm such declaration either with or without modifications.
- (2) Where the [Central Government] cancels any declaration, the Inspector shall give notice of the cancellation of such declaration to all persons to whom copies were delivered or on whom notices were served.
- (3) Where the [Central Government] confirms such declaration either with or without modifications the [Central Government] shall, by notification defining the limits of the area to which the notification shall apply, declare such area to be an infected area.
- (4) On the issue of such notification any place declared by the Inspector or Veterinary Surgeon to be an infected place and not included in the infected area so defined shall cease to be an infected place, and the Inspector shall give notice accordingly to the owner, occupier or person in charge of such place.
- (5) The Inspector shall cause to be exhibited in a prominent place in the infected area and in the vernacular of the area, a copy of the notification under sub-section (3), and shall also cause to be so exhibited a copy of any subsequent notification adding to, amending, varying or rescinding such notification.
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24. Removal of animals and other things from infected areas or places
- (1) No person shall remove from any infected area or place any [livestock or bird], dead or alive, or any part of [livestock or bird] or any fodder, bedding or other 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 shall prevent the transit by railway through an infected area or place of any [livestock or bird] or thing: Provided that where any thing described in sub-section (1) while in transit through an infected area or place is unloaded therein, it shall not be removed therefrom save in accordance with sub-section (1).
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25. Power to return livestock or birds, etc., to infected areas
Where any [livestock or bird] or thing is removed from an infected area or place otherwise than in accordance with a licence granted under section 24, any Inspector or police officer may require the owner or person in charge of such [livestock or bird] or thing to return it to the area or place, and if the owner or person in charge fails to do so within a reasonable time, may cause it to be returned at the expense of the owner without further delay:
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26. Provided that nothing in this section shall affect the powers of an Inspector under section 15 to deal with infective animals.
Time for complying with and enforcement of orders Where by any notice, requisition, or order under this Act or under any notification or rule issued thereunder, any person is required to take any measures or to do anything in respect of any property owned or occupied by him or in his charge, a reasonable time shall be specified in such notice, requisition or order within which such measures shall be taken or such thing shall be done, as the case may be.
Chapter II Chapter II
27. Recovery of expenses incurred under this Chapter
Where any action may be taken under this Chapter in respect of any property at the expense of the owner thereof, the officer taking such action may frame a certificate 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.
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