Diseases of Animals Act (Act No. 83)

Diseases of Ani111als Act, 1961 ARRANGEMENT OF SECTIONS Prevention of Diseases Sec:(lon 1. Power of Minister to apply Act to other cpjzootic diseases. 2. Power of M inistcr to clcclarc inf cctcd areas. 3. Veterinary autlwrity 10 be notified of cases of disease. 4. Isolation of inrcctcd animals, 5. Animals in contact with infected animals, 6. Power of veterinary authority to inspect animals. 7. Power of veterinary authority to perform autopsies. 8. Power of veterinary authority to require disinfection or quarantine. 9. Powers of veterinary authority with respect to disinfection, destruction. 10. Effect of declaring an infected area. 11. Presumption .. 12. Power of Minister to suspend operation of provisions of this A1.:t in 1.:ertain cases. 13. Power of Minister responsible for Finance to authorise pay ment of compensation. Veterinary Guards 14. Appointment of vcterjnary guards. 15. Duties of veterinary guards. 16. Execution Ly vekrinary gumds of criminal process, 17. Arrest by veh.:rinary guards without warrant. 18. Veterinary guards uniform. 19. Power of public oOicers to execute provisions of this Act. 20. Offences. 21. Regulatior>' 22. Interpretation. 23. Repeals and saving. Act 03 Act 83 Power of Mi11i.'1tcr to apply Act to ulher Cpi7.00llC diseases. Powrrof Mimi.lcrlo dc.clnro inlr.r.tr.d nrra". THB EIGHTY-THIRD ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA l:iNTI1Ll3D THE DISEASES OF ANIMAIS ACT, 1961 AN I\Cf tr, consolidate with amcndment5 cnactm.ents providing for the prevention and control of the spread of infectious and conlngio11s diseases among animals. DATE OF ASSENT: 1st November, 1961 fiE IT nNAn1.n hy Ille President and the National Assembly in this prcscnc l'.rrliamcnl assembled as follows; Pre,,cn rio11 of Diseases J. The Minister may by 1egis1ative instrument declare that any epizootic disease 11ot specifically mentioned in section 22 of this Act shall be a disease within the meaning of this Act; and the provision& of this Acl ~haH, subjGl.t tu such lhnilations, if any, as he may speQ;ify, apply to the disease. '.1. Whenever a disease breaks out in any <;listrict, area, or place, the- Minister by cxcculivc instrument may declare the district, area, or place, nr any por1ion thereof, to be an infected- area within the meaning ofchis Act; nnd the provisions of this Act relati,1g to infected areas, sh:111, suhj,.~cl lo sud1 limitations, if nny, as he mriy specify, npp1y lo the inrcctcd area. 2 Di.1·cc,s,~.of A11fmaM Act, 1961 3. Every owner or person having the charge of an animal which has died of, or is suffering from a disease, ur which he has reason to suspe-Gt to have died of, or to be suffering from a disease, shall forthwith notify the nearest veterinary authority. Ar:t 83 Veterinary authority to be notified of cases of disease. 4. Until a veterinary authority gives direction as to the disposal I"c:1at1on of the animal referred to in section 3 of this Act the owner or the ~~;;:;:1~ted person in charge of the animal shall forthwith separate it and keep · it from aIJ other animals not suffering from the disease or which he has no reason to suspect to be suffering from the disease. 5. No person shall without the permission of a veterinary authority Anitma1ts i~th d . d' f. i l t. l 1 . d con ac w1 tsperse or lSpose o , WtLel tcr uy sa e or ot 1crwzsc, or sen away infected any animals, or the carcase or flesh or other part of any animals, animals. which have been in contact with animals referred to in section 3 of this Act. 6. A veterinary authority may at all reasonable times require Powe.ref 1 . } f , l d . f vctennary any owner or person 1:1vmg c rnrgc o an amma to pro uce 1t or a.uthorityto inspel:tion, aml to give him any information respecting such animal ;n~peet as the veterinary authority may desire. Any owner or person who a.nimals. refuses, delays, or omits to comply with any such requirements shall he g11ilty ofan 0ffo11cc 1111dcr this /\cf. 7. Whenever n vctcri1wry nu!!iorily suspects t11at an animal has <lied of a disc[lsc he m::iy pcrrorin or cause to be performed an examination on the ho<ly of sllch animal as he or the person performing the examination may consider necessary or desirable. Power of veuirinnry authority to perform a.utopsies, S. Any v7tci:in~r.y authorify ma.y at ~ny time require any anin~al ~i~:[n~~Y to be examined, inoculated, sprayed, dipped, was11ed, or otherwise anthnrl\y to disinfected or to undergo a period of quarantine if he considers it :equl~e dis• b . <l th b k d f d' infection or to e necessary 111 or er to prevent e out rea or sprea o 1sease. quarantine. 9 A · , } · :Powers of • vctcrmary aut 1onty-. . veterinary (a) may disinfect or cause to be disinfected any building, a~thority yard, pen, or other place in which any case or suspected fo1~~s~~~=t case of disease has occurred, and any material which tion, des-. the veterinary authority considers to be or likely to truction. be infected~ (b) may destroy, or cause to be destroyed any fodder, fence, hedge, carcase, flesh, or material which in his opinion is or is likely to be infected and which he c:nn,;;irleri: cannot effectively be disinfected; (c) may order that the hide or skin of any animal, which has died of or which on slaughter is found to be inrcctcd with a disease, shall be dried, cured, or other wise dispo~cd of as he thinks fit; 3 Act 83 Elfcct of declaring an infected a.rca.. l'rcsump• lion. n,.,,·11.11•,1 of A,Jlmals Act, 1961 (d) may cause any animal, which has been in contact with any animal or carcase iufectetl o.r suspected by him to be infected with disease, to be isolated in such place and in .such manner as he thinks fit; (e) nrny sci7c and detain, or cause to be seized and detained, any animal found at large and infected with, or suspected tv be infected with, a diseasei (f) may, if he considers that such destruction is necessary in the interests of the public health, destroy, or. cause to be destroyed (subject to the provisions of any regulations made under section 21 of this Act) any a11inml infc;.;,;lt.-d wilh, or suspected to be infected with, a disease; and (g) may issue such directions and take such steps as he thinks fit with respect to the .disposal, movements, detention, inspection, cxaminatiqn, disinfection, inocu~ lation, quaranlining, and dcstrudtion of animals in the cases herein referred to, as also generally (subject to 1hc provisions of any regulations under section 21 of this /\et) with respect to the due administration of ~he 1wnvb•oas of t.his Act and of lI1c regulations thereunder. 10. Whenever the Minister declares a district, area, or place to be an infected area under section 2 of this Act, the following provi• sions shall apply to the infected arca (a) every owner or person having the charge of any animal capable of suffering from the disease by reason of an outbreak of which the area Im.-: been declared to be an infected area shall forthwith register himself at the nearest Agriculture Office in the district or such office as mny be prcser-ibed by regulations under section 21 of this Act, and shall state the number of animals owned by him or of which he is in charge, and the area where the animals feed and, on any variation in the number or alteration of the area, the owner or person in charge of the animal shall forthwith in like manner register the varia(ion or alteration; (b) no animal rcferrr.cl to i!n paragraph (a) shall be allowed· I o en rcr or to lea vc the infected area except jn strict ncconfancc with any directions which a veterinary :n1thority may ghe in that behalf and by such route (if any) ;is a. veterinary authority may prescribe. 11. When l!ic owner or person in charge of any animal suffering from a disca,,, i~ ,har!!cd n-rth ai1 otTence under this Act, he shall be prt:sumccl lo h:1,·;- k nn,\·1i nf I lie c:dstencc of the disease in the animal 4 /li.1m.11's n( Animals Act, 1961 unless he salisfk:-; \he coml that be had not such knowledge and could not with rcn:.orrnhlc dili.i;cncc lrnvc obtained such knowledge. 12. The Minister may, by executive instrument, suspend the opera- Power of tion of any of the provisions or lhis Act with respect to animals or Minister to d . d · d suspend 1scascs, an sub.1cct to such lirnitations an conditions, if any, as operntionof he may specify, !he provisions shall cease to operate accordingly. provisionsof this Act. 13. (I) Whenever it appears to the Minister responsible for Power of Finance to be proper that pecuniary compensation should be paid Mlntste:r res• I b f ponsible for to any person w 10 has sustained loss y reason o any measure Finance to which has been taken under this Act~ h.e may, subject to any .authorise rcgulutions nmdc under section 21 of this Act, authorise payment of payment of a sum of money out of Otc Cn11,oli<.fatc<l Fund to any person in such ~i:;;ensa manner as he thinks fit. (2) Nothing in this section shall be deemed to entitle any person as of legal right to receive compensation in respect of any loss alleged to have been s11.staincd by reason of any measures referred to in this section. Veterinary Guards 14. The Chief Vclcrirn1ry Ofllccr may provide for the nppointmcnt Appoint or pcrsu11s as vc1crin:1ry :: :u:1rdc; hy such person and on such condi- mt'ntof ' f · l 1 • veterinary lions o service .1'. 1c 111:1:; <.rr•·,·f. guards. 15, Vclcrin:ir:,· ··1nr,k m:,,· h, 1'mplnyC'il 1111lkr 1hc-. con1ro\ nnd superinlcndcncc , 1 1!1,, Clw! \, ,,,rin:iry Officer for the prevention and detet.tion nf n,.,·, ,':, ::i"i : ii,, :' : 11'rchcnsion of ofTenders against this Act. 16. Vcteri11:1n ·,,1,,I:, ,-1·,-- ,-1\C ;1nd execute summonses and warrnnls issue.cl I" :1 I ii,.',ri1 t :,1;~,-i,,1r;1k in respect of alleged oITcnccs against this J\c!. 17. A veterinary g11:ud may, with or without a warrant or other legal process, arrest any person whom he finds committing any offence against this AcL-; and sJrn--1-1 without unnecessary delay bring any person so a.rrcsted lnf ore a District Magistrate of the district in which the arrest was effected, or hand him over into the custody of a police officer 18. (I) The Ivtinis1cr may prescribe a distinctive uniform or badge for veterinary gun 1·ds. (2) No person olllcr than u vctcririary guard shall wear without permission in writing from the Minister such uniform or badge, or any dress or htdr,c having the appearance or bearing of any of the distinctive marb nl' s11d1 nniform or badge. n,itir.s:ol veterinary guards. Execution by veteri nary guards of criminal process, Arrest by veterinary guards without wanant, Veterinary guard5 uoifonn. Ac:t 83 PoweroI public officers to execute provision., of the Act. Offences. Regulations, Interpreta tion. 1J1:fcascs nf A 11/mals Actt 1961 {3) lf any person contravenes the provisions of subsection (2) he shall be liable on conviction to a fine not exceeding ten pounds ~nd in default of payment to imprisonment for a term not. exceeding two months. 19. All public officers are hereby authorised and empowered to take all such necessary action and to do all such things as the efficient execution of any of tlte provisions of this Act may reasonably c(,-quire; and no aetten, suit, or civil proceeding of any kind what soever shall, without the written consent of the Attoi-ncy-Ocncnd, be brought against any person in any court for damages or compen sation in respect of any measures or acts which may be taken or done in the execution or intended execution of such person's duties under this Act. 20. (l) Any person who contravenes any of the provisions of U1is Act fo1· which a penalty is not expressly provided, or who without lawful excuse wilfully hinders, delays, or obstructs any public officer acting in tltc execution of his functions thereunder, sltall be guilty of an offence under this Act, and on conviction thereof shall be liable to imprisonment for a term not exceeding .six months, or to a fine not exceeding fifty pounds or to both. 21. The Minister may by legislative inst,rument make such regula tions as he considers necessary or expedie11t for giving full effect to the provisions of this Act. 22. In this Act, unless the context otherwise requires " animal " means any animal liable to infection witl1 a diseaset as that term is in this section defined, but, when used in specific connection with or with specific respect to any particular disease, means only such animals as are liable to infection with that disease; .. disease " means cattle plague (rinderpest), anthrax, contagions bovine pleuro•pneumonia, foot•and-mouth disease, swine fever, glanders, "quarter•ill," epizootic lymphangitis (yaws), rabies, trypanosomiasis, mange, swine erysipelas, fowl pest (Newcastle disease}, fowl-plague, fowl-typhoid, bacillary white diarrhoea, fowl~paralysis, tuberculosis, fowl pox, African S\vi1,1e fever, African horse sickness, and any <focasc of an epizootic character which the fvl inistcr may in section l of this Act declare to be a disease wilhin the meaning of this Act. " infected area., me.aas any area which may be decJared under :-,cdfon 2 r,f this Act; " Mini!-tcr ·• means the Minister of Agriculture; ~ /!i.1·1•11s<'s if A11i111ul~ Act, 1961 "veterinary a111l10rily" im:lude!. an olTTccr of the Department of Aniin:il I ll',lllh not below the rank of Laboratory Assistant, and (in the absence of that officer) a Medical Officer of the Ministry of Health, an officer of the Health Branch of 1hc Ministry not below the rank of Sanitary Superintendent. 23. (1) The following enactments arc hereby repealed The Cattle Guards (Colony) Ordinance (Cap, 35); The Cattle Guards (Northern Territories) Ordinance (Cap. 36); The Diseases of Animals Ordinance (Cap. 245). (2) Every statutory instrument made under the repealed Ordinances and in force immediately before the commencement of this Act shall continue in force as if made under the corresponding provisions of this Act. Act 83 Repeals and savings,