Bare Act
Chapter III Chapter III
Chapter III Chapter III
28. Penalties for contraventions of Acts, Regulations and Rules
Penalties and Procedure
Whoever:
- (a) removes from any part of the [Union territory of Chandigarh] any [livestock or bird] alive or dead, or any part of [livestock or bird] or any fodder, bedding or other thing in contravention of a notification issued under section 9, or imports [livestock or birds] in contravention of sub-section (2) of that section;
- (b) holds or promotes or takes part in any fair, exhibition or other concentration of [livestock or birds] in contravention of a notification issued under section 10;
- (c) sells or otherwise traffics in, or attempts to sell or traffic in, an infective [livestock or bird], or in anything mentioned in section 11 which may carry infection, or the carcass of [livestock or bird] which at the time of its death was infective in contravention of section 11;
- (d) being a common carrier fails to cleanse 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; (%) 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 one hundred rupees and, in the case of a second or subsequent conviction, to five hundred rupees.
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29. Penalty for keeping or grazing infective livestock or birds in unenclosed land
Whoever keeps or grazes in or on any forest, field, roadside, or other unenclosed 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 one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees.
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30. Penalty for bringing infective livestock or birds to market
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 one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees.
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31. Penalty for placing carcass of infective animal in river
Whoever places, or causes to be placed, in any river, canal, or other water 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 imprisonment for a term which may extend to six months or 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 hundred rupees, or with both imprisonment and fine.
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32. Penalty for disinterring carcass of diseased livestock or birds
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 one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees.
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33. Penalty for malicious and vexatious entry or seizure by Inspector
- (1) Whoever being an Inspector maliciously and vexatiously 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 five hundred rupees, 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. 34. [Omitted] [Omitted]
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35. Institution of proceedings
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].
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36. Jurisdiction of magistrates
No magistrate shall try any offence under this Act unless he is a [Judicial Magistrate of the first class or a Judicial Magistrate of the second class specially empowered in this behalf by the High Court].
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37. Bar of claim to compensation
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] and 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.
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37A. Delegation
The [Central Government] may, by notification, delegate all or any of its powers under this Act to any of its officers.
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38. Power of Central Government to make regulations and rules
- (1) The [Central Government], may make rules or regulations 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-section (2),
- (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 7 ; 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 note under the Act shall be made or given;
- (m) to prohibit or regulate the entry into [the Union territory of Chandigarh] or any specified part or parts thereof, and the movement from one place to another in the [Union territory of Chandigarh] of [livestock or birds] alive or dead or of any part of [livestock or birds] or fodder, bedding or other thing;
- (n) to prohibit or limit sale or traffic in infectious [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 or 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 regulate the manner in which [livestock or birds] shall be destroyed, and the manner in which carcasses or parts of carcasses, foodder, bedding or other things seized under the Act shall be disposed of;
- (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 [Central Government] may direct that a breach of it shall be punishable with fine which may extend in the case of a first conviction to one hundred rupees or in case of a second or subsequent conviction to five hundred rupees.
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39. Power to make regulations and rules subject to previous publication
- (1) The power to make regulations and rules conferred by this Act is given subject to the condition of the regulations or rules being made after previous publication.
- (2) All regulations and rules made by the [Central Government] under this Act shall be published in the
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40. Protection to persons acting under this Act
No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
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