The Sikkim Stray Dogs and Rabies Control Act, 2000
The Sikkim Stray Dogs and Rabies Control Act, 2000
1. Short title and commencement
(1) This Act may be called the Sikkim Stray Dogs and Rabies Control Act 2000. (2) It shall extend to the whole of Sikkim. (3) It shall come into force at once.
2. Definitions
(1) In this Act, unless the context otherwise require: (a) 'animal' means any animal of species naturally susceptible to rabies except man: (b) 'authority' means the Sikkim Licensing and Registering Authority constituted under this Act: (c) 'authorised officer' means an officer appointed by the Department to issue licence under this Act or to carry out any function under this Act as required: (d) 'department' means the Department of Animal Husbandry and Veterinary Services: (e) 'dog' means an animal belonging to the species (Mammals) Canis familiaris of the order of mammals Carnivora: (f) 'exposure to rabies' means a person or animal that has been scratched or licked by or having been bitten or in contact with saliva of a dog or other animal suspected of being affected with rabies: (g) 'infected area' means an area which is declared to be an infected area for the purpose connected with the control and treatment not notified by the Department: (h) 'licence' means licence granted under this Act and includes any permit approval or other form of authorisation: (i) 'local authority' means local authorities of the public authorised by the Department for the Gram Panchayat/local urban body of the area concerned: (j) 'notification' means a notification published in the Official Gazette: (k) 'owner' means every person who is the sole or part owner of any animal and includes any person who is in charge of an animal and the occupier of the premises on which any animal is found shall be deemed to be the owner of the animals until the contrary is proved: (l) 'prescribed' means prescribed by rules made under this Act: (m) 'State Government' means the government of Sikkim: (n) 'stray dog' means any dog not kept in compliance with the regulation of rabies control: (o) 'vaccination' means the administration of an approved anti-rabies vaccine to an animal: (p) 'veterinary hospital' means an institution or centre by whatever name called where such animals are admitted for treatment: (q) 'veterinary officer' means a registered Veterinary Practitioner appointed by the Government to receive information/cases and carcass affected or suspected of being affected with specific disease in the area in which the animal or carcass exists.
3. Notice of Rabies
A person who know or suspect that a animal is exposed to rabies or was at the time of exposure to rabies shall immediately report in the most expeditious manner in all cases to the Veterinary officer.
4. Declaration of infected area
Where the Department believes or suspects that rabies exists in an area may by order declare any such area or areas which he considers there may be a risk of rabies to be an infected area for the purposes connected with the control and eradication of rabies disease.
5. Vaccination by Veterinary Officer
(1) The Veterinary Officer shall cause any dog or other animals bearing proof of rabies to be examined and vaccinated having regard to the existence of rabies, the dog or animals to be revaccinated or to be under strict veterinary surveillance. The dog or other must be presented twice. (2) A Veterinary Officer shall cause any stray/dog any other animals which has been exposed: (a) to a dog/ any other animals of suspected or unknown rabies status to be destroyed without payment or any compensation to the owner: (b) to a known rabid dog/any other rabid animals to be destroyed forthwith under the powers conferred by sub-section (2).
6. Vaccination of dogs
(1) The Department may require all dogs over the age of three months to be vaccinated against rabies and such vaccination shall be repeated every twelve months. (2) The vaccination shall be carried out by the Department at such place and as such time with the consent of the owner in an infected area. (3) All owners shall present their dogs for vaccination, the Veterinary Officer shall provide the owner with a certificate of vaccination in the form appended to this Act. (4) Any owner not presenting his/her dog or dogs for vaccination shall be guilty of an offence under the Act.
7. Registration and licensing of dogs
(1) There shall be constituted an authority to be called the Sikkim Licensing and Registering Authority consisting of the Veterinary Officers posted in the state to cause registration of dogs over the age of three months and thereafter annually. (2) The dog owners shall: (a) present the dog on attaining the age of three months at such time and place as directed by the Department for registration and licensing of dogs: (b) produce a certificate that the dog had been vaccinated at the period of not more than twelve months: and (c) pay such registration and licensing fee as may be determined by the Department by notification. (3) The Licensing and Registering Authority shall: (a) provide the owner with a certificate of registration of the dog: and (b) provide distinguishing token after support of registration. (4) Every adult dog shall be registered and licensed in every twelve months. (5) Any owner not presenting their dog or dogs for annual registration/licensing shall be guilty of an offence under this Act and shall be liable to a fine of rupees one hundred which may extend to rupees five hundred. (6) The licence and the certificate of registration shall be renewed in such manner as may be prescribed. (7) The State Government may, by notification in the Official Gazette: (a) ascertain time for vaccination of dogs: (b) declare time for providing booster doses: (c) organize annual schedule of registration: (d) postpone the schedule for want of vaccine stock for unavoidable circumstances.
8. Seizure, detention and disposal of animals not under control
A Veterinary Officer, an Officer of the local authority or Officer in-Charge of the respective Police Station, after due notice has been given to the members of the Public in the area, seize and detain or destroy any stray dog in the area duly applying the provisions namely: (a) The authority shall take all reasonable steps to draw the attention of members of the public in their area to the address or location of any place at which dogs seized under this section are detained for a notice of 3 days unless claimed by or on behalf of its owner within that period: (b) An owner claiming his dog from a place of detention under the provisions of sub-section (a) shall be liable to appropriate penalties and fines if it is established that he has committed offences under subsection (5) of section 7 of the Act: (c) Where a dog seized under this section is not claimed by or on behalf of its owner within the period specified under clause (a) of sub-section (1) of section 8, the local authority may order it to be destroyed and disposed of its carcass: (d) Where circumstances permit a dog which is liable to be seized under this section may be taken to a Veterinary Officer or an Officer of the local authority or Officer in-Charge of the respective Police Station to destroy the dog without seizing it: (e) The Department shall issue guidelines on the methods to be applied for destruction of stray dogs: (f) A Veterinary Officer, an officer or the local authority or Officer-in-Charge of the respective Police Station may enter any land for the purpose of seizing and destroying a dog which is liable to be seized under this Act: (g) The local authority will be responsible for the collection and safe disposal of the carcasses of any dog destroyed under this Act.
9. Offences
Any person who contravenes any provisions of this Act or rules or directions issued thereunder shall be liable to a fine of Rs. 500 (Rupees five hundred) or imprisonment for a period of one month, or with both.
10. Power to make rules
(1) The State Government may by notification, make rules to carry out all or any purposes of this Act. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for a lot of any of the following matters, namely: (a) Charges to be levied for registration and vaccination. (b) Manner of disposal of carcass and mode of its disposal. (c) Cost of destruction of stray animals affected with rabies.
11. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order as occasion requires or appears to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
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