Nagaland Livestock and Poultry Contagious Disease Act, 1980 (No. 4 of 1981)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Nagaland Livestock and Poultry Contagious Disease Act, 1980 Act 4 of 1981 Keyword(s): Animal, Contagious Disease, Infected Area, An Infective Animal, Inoculation, Owner, Veterinary Officer THE NAGALAND LIVESTOCK AND POULTRY CONTAGIOUS DISEASE ACT, 1980 ( N A G A M D ACT NO. 4 OF 1981) (Zeceived the asscllt 01 ill E Gnven~or on ilte 10th April, 1978 attd prblished tlie Nagu/ottd Gmerte doled rlre 3011~ October, ! W I ) to provide for the Prevention or spread of Crc~ntagious diseases of Livestock i~~clusivc of Poultry, Birds in the Sratc of Nagaland. It is ltercby cnacted in the thirty first year of thc Republic nl India as follows : Short title existent and Commencement I . (i) This Act may be called thl: Negaland Livei~ack and Pwltry Contagious Diseases Acl 1980. (ii) This Act cxcept section 3 lo 8 cxtend to the wholc State of Nagaland and shall come into forcc at oncc. Section 3 to 8 shd! extend l o such areas and comc into force on such dates as ~ h c : State Ciovernlncill may by notifica lion, direct. DeTinition 2. In this Acl unless there is anything rcpugnanl in this subject on context. (i) "Animal" means any dornes~imled animal or bird or any animal at bird kcpt in cnnfineoient, thc young one of these spccics of both sexcs and such othcr dumcsticated anin~als as may bc prescribed. (ii) "Contagious diseasc" means a diseasl: specified in the schedule to this Act and any other diseasc which the State Governrncnt may, by notification in thc official Gazette, declarc to be a Contagious disease. (iii) "Infected arca" nieans an area in respect of which a notification under section 10 is in force. (iv) "An Infective Animal" used with rcfcreoce to an animal mcans infected by contagious disease or having recently been in contact with or proximity to an animal so effected. (v) "InocuIation" means Inoculelion w i ~ b any proteclivc scrum or vaccine or wiih both. (vi) "Owner" in relitlio~ lo any aninla! or bird include a persnn having charge OC sudl animal and bird. [vii) "Prcscrihed" means prcscrillcd by rcgulatiun or rulcs t~redc. ur.der this Act. (viii) "Vctcrinary allkcr" mearrsnny ofliccr uf the Civil Vcrcri nary Assist an 1 Surgeon. Seasons and ruute for importation of unimaI 3. (i) Wlren seclion 3 l o 8 have beer1 cxleudecl lu any area thc Statc Ciovcrnmcnr may, by notifica~ion, appoint seasun rlr scasolls during \\hich and t tlr route fur roules by wliict~ aninla1 may hc imported into such area and nn puson xIiaI1 import into tlu: Statc rsthcrwise, t l ~ a ~ i during seastm and by the route st, appointed. (ii) Thc Statc Ciovcrnment may cst~blish cl~arantiat: slaiions fur the inrpectir~n and detention rjC such animal dong the routes appnintcd undcr subsection (1). Vaccination arid n~arking of animdl 4. (i) A11 animal on arrival a[ U~liirantirrc: Station shall, if neccssary, will be vaccinated against such Conlagious disr;~sc as may bc: notificd in this hchalf unless the Veterinary oI'ficer of the starion is satisfied that, thcy tavc hccn vnccinatcd against sucll disease within 6 months immediately preceeding as prescribed; and be marked in ihe prescribed manner. Period detention of animal at yuarnntine ) The period nf dctcntiorl rlf a~l iu~al at quaratltine sration fur the purpobc of illspection and vaccination shnl I be sucll, as may hc prescribed. Assistant veterinary ofiter far inspection of animal (iii) Evcry pcrson inchargc of animal sl~all give reasonable assistance to t l~e Vetcrinary officer of the station and his sul~urdinates fnr thc inspection, vaccination llnd marking of such cattle. Feeding and upkeep at detained animals 5. (i) All anin~als dctained in a quarantine station shall rcmain under [he care of \he person ill-chnrgc who shall he rcspo~lsihIe f o r their feeding and upkeep. (ii) The State Ciovernrncn\ shall nlakc appopriate arrange mcnt for tht: supply of animal feed, grassiug and wvalcr and may recuvrr [he cliaoges incurrcci, by thc levy o l fees as may bc prcscrihed. (iii) Ever! person incharge of animal, during t l ~ c pcric~d of their detention, ~ a k e re;lsanablc prccaulion against their straying from thc limils a( llic quaranline station or Crom ihc placc allotcd lor rhcir halt. Liabilily to pay vaccine and making fees G. (i) Thc: pcrson incllarge ~ v i l l pay all dues in rcspecl uf de~cniion of animal in a quarantine statiurl iiicluding atch fees, as may be prescribed for vaccination and marking. (ii) I f such dues are not paid, the Veterinary officer of rlle Station may seize as many animals as will in his opinion, luffice tu defray thc dues levablc unJcr sub-section onc ( 1 ) and such incidcnta] chargcs in connectiun wilh (Iic seizure and sale and forlhwith rcporl the fact to t l ~ c Deputy Con~missioncr or such 0 t h olficer, as may havc becn appointed by thc Deputy Cilmmissioncr in his behalf. ( i i i ) Thc Dcpuly Conlmissioner or other officer so appoinked may, if satislied that huch dues havc nut bccn paid, issue such notice or proclanlation as niay hc prescribed and causc lhc animal su scized or as niany as will, in his opinion suffice, to defray the dues and incidental charges to bc sold by auction and prccccds or the sale applied La thc paymcnt of the an~ounl duc under sub- section ( I ) thc chargc in councc~ion wit11 the seizure, custody, (ceding and u ~ ~ k c e p of the anirnaI and proceeding of the same. (iv) The balartcc or [be purchase Inoncy, if any, shall be delivcrcd lo tbc person who was incharge nol the animal w11cn they wcrc scizcd or ~ l~c ir owner, together with an account showing : (a) thc number of anillla1 scL~cd and sold, (b) the time during they have been in custody. (c) thc procccds of sale and (J) \ l ~ e manner in wl~i th thrrse procecds havc. llcen disposed off. Permil o f release nf Animal 7. Thc Vclerinary r~ff icer of a quaranlinc staticin sllalI at the limc t ~ i rclcasc: of animal Cron~ tllc stalir111 grunl, in auct~ form as may hc prescribcd, a permit ro thc pcrsun ill thcir chargc, aiid such person shall, white iachirgc c\f animal, produce it whencver st> rcquired I)): such nfficcrs a5 may be prescribed. I f such person fails I r l product: permit the officers a f o r e ~ i d shdl givc him reasonable facility ID produt:~ the same within a given time. R-ohibitiun of b c y o ~ ~ d quarantine station 8. No person importing animal into ally area during a scastm and by roure appointed fbr such area undcr scction 3 sIlall pass beyond a quarantine slation unIcss he holds a permit under section 7 in rcspcct o l [he animal undcr his charge. Report tn contagious disease 9. Every owncr or perso11 incharge or I~aving control of animal and evcry Veterinary practitioner attending any animal in the coursc of his \ , c ~ ~ r i n a ~ y prircticc or otherwise, who has rcason to believe Ihat such animal is infective, sLJL forthwith repor1 and any other pcrson who havc rcasun 10 bcl ie~e that an animal is inlcctivc, may, report the ~ C I to [he Velcrjnary officer within \he area of which such animal i s Tor thc lime being kcpt. Power t o notify infected ereas 10. The Statc Governtnent or such officcr as it may authnrised in this hchnll may, in [he manner prcscribcd, declare any local a r e a in which any cattle is effected by or exposed to ally co~itaginus diseasc, sp:cified in such notification to bc an infcclcd area. Prohibition of movement of animal etc. into ar out uf the infected areas 11. (i) Save in accurda~lcc with illc cnnditiuns of a liccnce granted by Velerinary officer. (a) no person shall rcrnavc any animal, alive or any arumal (including its excreta) ur any par1 of animal or any fodder, bedding, harness or other things uscd in conncchn uith an animal and (b) no pcrsori dr~ing or huving chargc or contro[ of any animal, shall, aIlnw such animal to prrjccccl, from any place within an infectcd arca lo any plat-L: t!ulsidc such area or from any place ilutsidc ~ h c infected area tu any place within such area. (ii) Narhing in sub-section (1) shall prevent the carriagc by railway or by any mechanically prtlpelled of ;I typc approved by ~ h c State Gr~vernnicnl of any acin~al or thing referred to in that it such animal or tlung 3t any stagc during its carriage by railway or such vel~icie through an infected area is unloaded lhcrcin i~ shall not be renluvcd therefrom s;~vt: in accnrrlancc with the provisions of sub-sectinn (I). Prohibition to market Birs etc. in infected area 12. No person shall organise, promote or tiold in any infccted area any animal marker, animal fair, animal cxhibitinn or concentration of animaIs whctllcr for show or tradc, withoul ~ h c permission in writing of thc S!a!c Gcivernmcnt or such orficcr as t1:e Stale liovcrnmenl may iluthorist: in this bchalf. lnoculotion d unirnals 13. (i) On the issue of notification under section 10 a Ve te r i~~ary officer appointed for thc infcctcd area map il~uculate cvcry hzalthy animal OF t Iir. spccics affected t ~ y or cxposed to the concentration o l animals whetbcr for slww or tradc, with-purposc of inoculating any such animal, the Vclcrinary officcr may, by nnoticc in writing, call upon the owner OF ~ h c animal to produce it for inoculation 3t ~ I I C time and pliicc specified: in such notice and such olvncr shall give that officer reasonable Facili~y and as5istance in carrying our the inticulation. Cumpulsory segrqation and treatment uT the anin~uis in infected area 14. If Veterinary officer, aftcr due r x a n i i ~ ~ a t i o n OF an animal and such cnquiry, as nlay bl: necessary, is of opinion that such animal is infective, he may by urder ill writing direct the owner of such animal. (a) to kccp it wherc it is for the time hcing, w remove it, ur allow it to hc rernovcd to sucb plilcc uC isolalion or segregation as may tic specified in the order. (6) to subject it to such lrealrnent as may IIC spcciftcd in thc order, and such owncr sball coniply with such order. Compulsory inncr~lntion or animal 15. (i) The State Government may, in the nranner prescribed notify any local area as 3 cornpuslory inoculalion area in rcspect of rinderpest or any otllcr contagious disease specified in the schedule. (ii) A Veterinary oificer may inoculate atly animal of the spccics specified in the notification under mh-section (1). (iii) For thc purpuse of inoculation of any such anirn:~l a Velcrinary officer mav by writing, call upon the owner of the animal to produce it far inoculation at tho time and place spccificd in such ovtice and such owner shall give that officcr reasonabie Facility and assistance in carrying out t hc inoculation. Marketing of animaI 16. For thc purposl; of idcntirrcation, thc velcrinar); officer may mark tbc animal inoculated by hranding or latooing with letters, nnrnber or both. Certificate of inoculatiirn 17. W11cn the inoculation has becn carried nut under sectivn 13, 14 and is, the Veieri~lary officer shall, iT rcquestzd by the owncr of the i d 0 c ~ l a t ~ a r ~ i ~ l ~ a l s , ~SSUC a certikicate in the prescribed form sllowing that thc animal has hecn inocula~ed against the discase shnw in nucll certiticatc. No fee to be charge of inoculatic~n IS. Exc~pt as provided in sub-section ( I ) d thc section 6 the fee lo be d~argcd shall be recoverable for inoculation carried out in accordance and with thc provisio~i w ~Ilis Act. No compliance with section 3 or 14 or 15 to be reporied to police 19. If the owncr of an animal in respect of which a nntice has been issued under sub-section (2) of sectirm 13 section 14 o r sub section (3) of sectiun I5 fails to observe a direction issued by the Veterinary officer concerned, shall rc?ort h e default 10 the ncartxt Pnlice station or such othcr Policc officcr, as may be deputed by him in this behaIC shall there upon seize rbr; animal and detain it for produc~inn hcforc the Vctcrinary oiIicer reynrtiilg Jcfault. 'me recovery d expenses of detention 20. The expenscs of detention and production before the Vetcri nary officer incurred undcr section 19, shall bc rzcoverable at such rate, as may bc prescribed frnm lllc owncr of (lie animal. TF he fails tn p;ly Ihe amount due, it may without prciudicc to any other mode of rccovcry be owner's aninla1 as may he sulliciclit lo realise such alnount. Manner of the disposal of the per case uT infective animal 21. (a) 0 1 1 ~ h c issut: of a notificalion under scction 10 [he owilcr of animal, which has died or is bclicvcd tr! [lave dicd of any contagiuus discase, shalt bury such animal at least six Feet below tllc surlace of the ground or deal with it in such manner as may bc prescribed. (ii) A Veterinary officcr, when he has rcason to believe thal any animal had died of any contagious Jiscase, issue 3 noticc to thc owner to hury such animal in thc manner providcd ulldcr sub- section (1). (iu) No person shall disinrer or o~bcrwise remove thc unrcase of any animal burried in compliance with the provision of sub-section ( 1 ) or (2) 22. Whoever coniravtnc of the provision ol' this Act, or of any rulc or order made tl~crcunder, shall 0 1 1 convic~ion be punish able with fine not exceeding fifty rupees, or in default wvi~h simple hprisionment for a rcrm not exceeding one month or in the case of sccond or subsequent conviction to Fillc o l Eve hut~dred rupees or with imprisnnmcnt up to six rnr,ntl~s or with both fine and imprisonmen!. Bar of legal proceeding 23. No suit for prosecution or othcr legal procccdings shall lie against any pcrson for anything in good faith done or inlcnded to be donc in pursuance or this ACI, Power to make rules 24. (i) The Stalc Government may make rules for carrying out the purposcs of this Act, (ii) I n particular and without ~rejudicc in the gcncralily of the foregoing provisions, [he State Government may makc ruIcs : (a) prescribing thc manncr in which an area may be declared to be an infecled area or a compulsory innculatinn atca. (b) prescribing the form af notice issued under sub section (2) of section 13, scction 14 and sub-section (3) of seaion 15. (c) Prescribing the form of certificaic granted under scction 1 6 (d) Providing for Ihc custody of animals detaioed under this A c t and fur ~bcir feeding and watering whilc under dctznlion and prescribing the charges, Lo he lcvied for feeding and walering S ~ I C I I animals and their production by for (he police bcZort: Velcrinary officer. (e) ReguIating the sdc of animals liable to be sold undcr scction 20. ( providing fur t11c dissulving wherc infcctivc animal5 are kept infected area, [g) prescribing the manner of disposal oT inlcctivc animals under sectinn 21. (h) prescribing the fce fur vaccination and marking under section 6. {iii) Every rule under this section sl~all he laid, as soon as may be, after it is made, before the Nagaland Legislative Assembly white it is session far a total period of fourteen ditys, ivlich may be comprised in unc scssion 01- in twu successive sessions an if before the cxpiry of the xssiun in ivtlich ir is so laid or the sessiori immediately following t h e Nagaiund LcgisIativc Asscmhly agree in making any modification in the rule or the Nagaland Legislative Assembly agrce that [he r ~ h e should not hc mndc, the rule shall therealtcr have cffect only in such madied form or be of no effect as the casc may be, however that any such ~~~uclificatiun or annulment shall be without prejudice to thc validity of anything previously done under that rule. SCHEDULE Anthrax Black Quarter Bovine contagious Pleuropneumonia Contagious Abortion Heamorrhagic Septicacmia Riaderpest Rabies Foot and Mouth Diseases Swinc Fever R d e t Diseasc Marek's Disease Fowl Cholera