Bengal Diseases of Animals (Amendment) Act, 2008

1 THE BENGAL DISEASES OF ANIMALS (AMENDMENT) ACT, 2008. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 17 th April,2008.] An Act to amend the Bengal Diseases of Animals Act, 1944. Whereas it is expedient to amend the Bengal Diseases Ben. Act VI of Animals Act, 1944, for the purposes and in the manner of 1944. hereinafter appearing; It is hereby enacted in the Fifty-ninth Year of the Republic Short title and of India, by the Legislature of West Bengal, as follows: Commencement. 1. (1) This Act may be called the Bengal Diseases of Animals (Amendment) Act, 2008. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (Sections 2-5) Amendment of long 2. In the Bengal Diseases of Animals Act, 1944 (hereinafter title and preamble referred to as the principal Act), of Ben. Act VI of 1944. (1) in the long title, for the words “diseases amongst animals,” the words “diseases amongst livestock” shall be substituted; (2) in the preamble, for the words “diseases amongst animals,” the words “diseases amongst livestock” shall be substituted. Amendment of 3. In sub-section (1) of section 1 of the principal Act, for the section 1 words “Bengal Diseases of Animals Act”, the words “Bengal Diseases of Livestock Act” shall be substituted. Amendment of 4. In section 2 of the principal Act, Section 2 (1) clause (1) shall be omitted; (2). in clause (2), for the words “foot-and-mouth disease, rabies,” the words “foot-and-mouth disease, rabies, avian influenza (that is to say, the disease commonly known as bird flu)” shall be substituted; (3) for clause (4), the following clauses shall be substituted: (4) “infective”, used with reference to any livestock, means affected by a contagious disease or having recently been in 2 The Bengal Diseases of Animals (Amendment) Act, 2008. contact with or proximity to such livestock so affected; (4A) “livestock” means (a) bulls, bullocks, cows, oxen, heifers, calves, buffaloes, sheep, goats and all other ruminating animals, dogs, swine and Includes such other domesticated animals as may be specified in this behalf by the State Government by notification in the Official Gazette; (b) poultry and all other birds; (4B) “Livestock Development Assistant” means a Livestock Development Assistant of the State Government performing any of the duties for carrying out the purposes of this Act within the local limits of his jurisdiction and in his absence, includes any officer of the State Government who is authorized in this behalf by the State Government; (4) for clause (6), the following clause shall be substituted: ‘(6) “Veterinary Officer” means a Veterinary Officer of the State Government performing any of the duties for carrying out the purposes of this Act within the local limits of his jurisdiction and in his absence, includes any officer of the State Government who is authorized in this behalf by the State Government.’ Substitution of 5. For section 3 of the principal Act, the following section shall be substituted: section 3. “Report of 3. (1) Every owner or person in charge or having control of the Contagious livestock and every veterinary practitioner attending any livestock disease. in the course of his veterinary practice or otherwise, who has reason to believe that such livestock is infective shall forthwith report and any other person who has reason to believe that the livestock is infective, may report the fact to the Pradhan of the Gram Panchayat or the Livestock Development Assistant within the area of which such livestock is for the time being kept. (Sections 6, 7.) (2) The Pradhan of the Gram Panchayat or the Livestock Development Assistant on receiving any report under sub-section (1) shall without delay communicate such report to the Block Livestock Development Officer who shall, unless for reasons to be recorded in writing he considers that the report is unfounded in 3 The Bengal Diseases of Animals (Amendment) Act, 2008. fact, instruct the Veterinary Officer to proceed to the place where the livestock for the time being is kept and examine the livestock and inquire into the circumstances of the case, and on receiving such instructions, the Veterinary Officer shall without delay comply therewith. (3) Whenever the Veterinary Officer has reason to believe that any livestock within his jurisdiction is infective, he shall proceed as soon as possible to the place where the livestock is and examine it and inquire into the circumstances of the case, notwithstanding that no report under sub-section (2) in respect of such livestock has been received by him. (4) If after the examination and inquiry referred to in sub-section (2) or sub-section (3) Veterinary Officer is of the opinion that any livestock is infective, he shall report the matter in the manner prescribed to the State Government or to such officer of thee West Bengal Animal Husbandry and Veterinary Services under the Animal Resources Development Department as the State Government may appoint in this behalf and the Veterinary Officer shall also take such further action under the provisions of this Act may be necessary expedient and at the same time shall send a copy of such report to the Block Livestock Development Officer.” Amendment of 6. In section 4 of the principal Act, section 4. (1) in the marginal note, for the words “infective animals”, the words “infective livestock” shall be substituted; (2) for the words “an animal”, the words “any livestock” shall be substituted; (3) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; (4) For the word “animals”, the word “livestock” shall be Substituted. Amendment of 7. In section 6 of the principal Act, section 6. (1) in the marginal note, for the words “movement of animals, etc., the words “movement of livestock, etc., shall be substituted; (2) in sub-section (1), (a) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (b) in clause (a), for the word “animal”, wherever it occurs, The word “livestock” shall be substituted; 4 The Bengal Diseases of Animals (Amendment) Act, 2008. (c) in clause (b), for the word “animal”, the word “ “livestock” shall be substituted; (3) in sub-section (2), (a) for the word “animal”, the word “livestock” shall be Substituted; (b) In the proviso, for the word “animal”, the word’’ “livestock” shall be substituted. (Sections 8, 9.) Amendment of 8. In section 7 of the principal Act, section 7. (1) in sub-section (1), (a) for the words “Veterinary Assistant,” the words “Veterinary Officer” shall be substituted; (b) for the word “animals,” the word ‘livestock” shall be substituted; (c) for the word “animal,” the word “livestock’ shall be substituted; (2) in sub-section (2), (a) for the words “Veterinary Assistant,” the words “Veterinary Officer” shall be substituted; (b) for the word “animal,” the word “livestock” shall be substituted. Amendment of 9. In section 8 of the principal Act, section 8. (1) in the marginal note, for the words “treatment of animals,” the words “treatment of livestock” shall be substituted; (2) in sub-section (1), (a) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (b) for the words “an animal”, the words “the livestock” shall be substituted; (c) for the words “animal,” wherever it occurs, the word “livestock” shall be substituted; (d) in the proviso, (i) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; 5 The Bengal Diseases of Animals (Amendment) Act, 2008. (ii) for the words “Veterinary Assistant”, wherever they occur, the words “Veterinary Officer” shall be substituted; (3) in sub-section (2), (a) for the words “an animal,” the words “the livestock” shall be substituted; (b) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; (c) in the proviso, (i) for the word “animal”, the word “livestock” shall be substituted; (ii) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (Sections 10-14.) (4) in sub-section (3), (a) for the words “an animal”, the words “the livestock” shall be substituted; (b) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; (c) for the words “Veterinary Assistant”, wherever they occur, the words “Veterinary Officer” shall be substituted; (5) in sub-section (4), (a) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (b) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted. Amendment of 10. In section 9 of the principal Act, section 9. (1) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (2) for the word “animal”, the word “livestock” shall be substituted; Amendment of 11. In section 10 of the principal Act, section 10. 6 The Bengal Diseases of Animals (Amendment) Act, 2008. (1) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; (2) for the word “animals”, the word “livestock” shall be substituted. Amendment of 12. In section 11 of the principal Act, section 11. (1) in the marginal note, (a) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (b) for the words “infective animals”, the words “infective livestock” shall be substituted; (2) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (3) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted. Amendment of 13. In section 12 of the principal Act, section 12. (1) in the marginal note, for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (2) for the words “Veterinary Assistant “, the words “Veterinary Officer” shall be substituted; (3) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted. Amendment of 14. In section 13 of the principal Act, section 13. (1) in the marginal note, for the words “infective animals”, the words “infective livestock” shall be substituted; (2) in sub-section (1), for the word “animal”, the word “livestock” shall be substituted; (3) in sub-section (2), for the words “an animal”, the words “any livestock” shall be substituted. (Sections 15-17.) Amendment of 15. In section 14 of the principal Act, section 14. (1) in the marginal note, for the words “infective animals”, the words “infective livestock” shall be substituted; 7 The Bengal Diseases of Animals (Amendment) Act, 2008. (2) for the word “animals”, the word “livestock” shall be substituted; (3) for the word “animal”, the word “livestock” shall be substituted. (4) For the words “in the case of a first conviction to fifty rupees and in the case of a second or subsequent conviction to one hundred rupees”, the words “in the case of a first conviction to five hundred rupees and in the case of a second or subsequent conviction to one thousand rupees” shall be substituted. Amendment of 16. In section 15 of the principal Act, section 15. (1) in the marginal note, for the words “infective animals”, the words “infective livestock” shall be substituted; (2) for the word “animal”, the word “livestock” shall be substituted; (3) For the words “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”, the words “in the case of a first conviction to one thousand rupees and in the case of a second or subsequent conviction to five thousand rupees” shall be substituted. Amendment of 17. In section 16 of the principal Act, section 16. (1) in sub-section (1), (a) in clause (a), for the words “an animal”, the words “the livestock” shall be substituted; (b) in clause (b), for the word “animal”, the word “livestock” shall be substituted; (c) in clause (d), for the words “veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (d) in clause (e), for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (e) in clause (g), 8 The Bengal Diseases of Animals (Amendment) Act, 2008. (i) for the word “animal”, wherever it occurs, the word “livestock” shall be substituted; (ii) for the word ‘animals”, the word “livestock” shall be substituted; (f) in clause (h), for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (g) for the words “punished with fine which may extend to fifty rupees”, the words “punished with fine which fine which may extend to five hundred rupees” shall be substituted; (2) in sub-section (2), for the words “punished for every such subsequent offence with fine which may extend to one hundred rupees”, the words “punished for every such subsequent offence with fine which may extend to one thousand rupees” shall be substituted. (Sections 18-23.) Amendment of 18. In section 17 of the principal Act, section 17. (1) in the marginal note, for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (2) for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted. Amendment of 19. In section 19 of the principal Act, for the section 19. words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted. Amendment of 20. In section 20 of the principal Act, for the section 20. words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted. Amendment of 21. In section 21 of the principal Act, for the section 21. words “Presidency Magistrate”, the words “Metropolitan Magistrate” shall be Substituted. Amendment of 22. In section 22 of the principal Act, for the section 22. word “animal”, the word “livestock” shall 9 The Bengal Diseases of Animals (Amendment) Act, 2008. be substituted. Amendment of 23. In sub-section (2) of section 24 of the principal section 24. Act, (1) in clause (c), for the word “animals”, the word “livestock” shall be substituted; (2) in clause (d), for the words “an animal’, the words “any livestock” shall be substituted; (3) in clause (g), for the words “an animal”, the words “any livestock” shall be substituted; (4) in clause (i), for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted; (5) in clause (j), for the words “an animal”, the words “any livestock” shall be substituted; (6) in clause (k), for the words “an animal”, the words “the livestock” shall be substituted; (7) in clause (l), for the words “an animal”, the words “any livestock” shall be substituted; (8) in clause (m), for the words “Veterinary Assistant”, the words “Veterinary Officer” shall be substituted. By order of the Governor, Anindya Bhattacharyya, Secy.-in-charge to the govt. of West Bengal, Law Department. 10 The Bengal Diseases of Animals Act, 1944.1 AMENDED …. West Ben. Act XIX of 1949. The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. ADAPTED …. The Adaptation of Laws Order, 1950. [11 th January, 1945.] An act to provide for the prevention of the spread of contagious diseases amongst animals in Bengal. Whereas it is expedient to provide of the spread of contagious diseases amongst animals in Bengal; It is hereby enacted as follows: 1. (1) This Act may be called the Bengal Diseases of Animals Act, 1944. Short title and extent. (2) It extends to the whole of 2[West Bengal]. 2. In this Act unless there is anything repugnant in the subject or context,- Definitions. (1) “animals” means bulls, bullocks, cows, oxen, heifers, calves, buffaloes, sheep Goats, and all other ruminating animals, dogs, swine and includes such other ruminating animals excepting horses, camels, masses and mules as may be specified in this behalf by the 3[State] Government by notification in the Official Gazette; (2) “contagious disease” means rinderpest (that is to say, the disease commonly known as cattle plague), anthrax, haemorrhagic septicaemia, foot-and-mouth disease, rabies and includes such other diseases as may be declared by the 3[State] Government by notification in the Official Gazette to be contagious diseases for the purposes of this Act; 1. For Statement of Objects and Reasons, see the Calcutta Gazette, dated the 27 th January, 1944, Pt.IVB, Page23; the Report of the Select Committee was presented to the Council on the 17 th April, 1944, for the Proceedings of the Council, see the Proceedings, of meetings of the Bengal Legislative Council, held on the 8 th February, 23 rd March and 17 th , 25 th and the 26 th April, 1944; for the Proceedings of the Assembly, see the Proceedings of the meeting of the Bengal Legislative Assembly, held on the 22 nd November, 1944. 2. The words within square brackets were substituted for the word “Bengal” by para. (2) of Art. 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. 3. This word was substituted for the word “Provincial” by para. 4(1) of the adaptation of Laws Order, 1950. 11 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] (Section 3.) (3) “infected area” means an area in respect of which a notification under section 5 is in force; (4) “infective” used with reference to an animal means affected by a contagious disease or having recently been in contact with or proximity to an animal so effected; (5) “prescribed” means prescribed by rules made under this Act; (6) “Veterinary Assistant” means a Veterinary Assistant of the 1*West Bengal] Civil Veterinary Department acting within the local limits of his jurisdiction and in the absence of the said Veterinary Assistant from his jurisdiction, includes any officer of the said department who in the opinion of the 2[State] Government possesses suitable qualifications in veterinary medicine and who is authorized by the 2[State] Government to carry on the duties of the Veterinary Assistant under this Act in such absence. Report of 3. (1) Every owner or person in charge or having control of an animal, and every contagious veterinary practitioner attending any animal in the course of his veterinary disease. practice or otherwise, who has reason to believe that such animal is infective shall Forthwith report and any other person who has reason to believe that an animal is Infective may report the fact to the President of the union board within the area of which such animal is for the time being kept. (2) The President of the union board on receiving any report under sub-section (1) shall without delay communicate such report to the Sub-divisional Magistrate who shall, unless for reasons to be recorded in writing he considers that the report is unfounded in fact, instruct the veterinary Assistant to proceed to the place where the animal is for the time being kept and examine the animal and inquire into the circumstances of the case, and on receiving such instructions the Veterinary Assistant shall without delay comply therewith. (3)Whenever a Veterinary Assistant has reason to believe that any animal within his jurisdiction is infective he shall proceed as soon as possible to the place where the animal is and examine it and inquire into the circumstances of the case, notwithstanding that no report under sub-section (2) in respect of such animal has been received by him. 1 See foot-note 2 on page 649, ante. 2 See foot-note 3 on page 649, ante. 12 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] (Sections 4-6.) (4) If after the examination and inquiry referred to in sub-section (2) or sub section (3) the Veterinary Assistant is of the opinion that the animal is infective, he shall report the matter in the manner prescribed to the 1[State] Government or to such officer of the 2[West Bengal] Civil Veterinary Department as the 1[State] Government may appoint3 in this behalf and the Veterinary Assistant shall also take such further action under the provisions of this Act as may e necessary or expedient and at the same time shall send a copy of such report to the Sub-divisional Magistrate. 4. Every owner or person in charge or having control of an animal who has Duty to reason to believe, that such animal is infective shall as far as may be segregate possible in the circumstances segregate such animal in a place apart infective from all other animals which are not infective and shall take all animals. possible steps to prevent any animal which is not infective from coming into contact with or approaching near to such animal. 5. (1) The 1[State] Government or such officer as it may authorize in this Declaration behalf may be notification published in the manner prescribed declare of infected any area in which any contagious disease has broken out, or any area areas. within which in the opinion of the 1[State] Government, or such officer, there is a danger of the spread of any such disease, to be an infected area. (2) Every notification under sub-section (1) shall specify the limits of the which is declared to be an infected area and shall also specify the contagious disease in respect of which the area is declared to be an infected area. 6. (1) Save in accordance with the conditions of a licence granted by Prohibition Veterinary Assistant- of movement of animals, (a) no person shall remove any animal, alive or dead, or any product etc., into or of any animal (including its excreta) or any part of any animal or out of infec any fodder, bedding, harness or other things used in connection ted areas. with an animal, and 13 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] (b) no person owning or having charge or control of any animal shall allow such animal to proceed, from any place within an infected area to any place outside such area or from any place outside an infected area to any place within such area. 1 See foot-note 3 on the page 649, ante. 2 See foot-note 2 on the page 649, ante. 3 For notification appointing the Assistant Director of Veterinary Services to be officers to whom the Veterinary Assistants shall report the matter of an animal being infective, see notification No.10189 Vety., dated 17.10.46, published in the Calcutta Gazette of 1946, Part-I, page 152. 4 For notification authorizing certain officers for declaring any area in which a contagious disease has broken out to be an infected area, see notification No. 8308 Vety., dated 22.8.53, published in the Calcutta Gazette, of 1953, Part-I, page 2861. (Sections 7,8.) (2) Nothing in sub-section (1) shall prevent the carriage by railway or by any mechanically propelled vessel of a type approved by the 1[State] Government of any animal or thing referred to in that sub section through an infected area: Provided that if such animal or thing at any stage during its carriage by railway or such vessel through an infected area is unloaded therein it shall not be removed therefrom save in accordance with the provisions of sub-section (1). Preventive 7. (1) In all cases in which preventive vaccination or inoculation is possible and Vaccination practicable against the contagious disease in respect of which an area has been or inoculation declared to be an infected area, the Veterinary Assistant shall vaccinate or in infected inoculate, as the case may be, such kinds or classes of animals in that area as areas. may be prescribed in respect of such disease and the owner or person in charge or having control of every such animal shall render every facility and assistance to him in carrying out such vaccination or inoculation. When a Veterinary Assistant vaccinates or inoculates any animal he may for the purpose of identification also mark such animal in such manner as may be prescribed. 14 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] Compulsory 8. (1) Where a Veterinary Assistant, after due examination of an animal and segregation such enquiry into the circumstances of the case as may be necessary, is of the and treatment opinion that such animal is infective, he may be order in writing direct the of animals in owner or person in charge or having control of such animal, infected areas. (a) to keep in where it is for the time being, or to remove it or allow it to be removed to such place of isolation or segregation as may be specified in the order; (b) to subject it to such treatment as may be specified in the order; and such owner or person in charge or having control of such animal shall comply with such order: Provided that where there is no person in charge or having control of the animal and the owner is either unknown and cannot be ascertained without undue delay, or the order cannot be communicated to him without undue delay or the owner or person in charge or having control of the animal fails to comply with the order within such time as in the opinion of the Veterinary Assistant is reasonable, the Veterinary Assistant shall seize the animal and remove it to a place of isolation or segregation and may subject it to such treatment as may be necessary. 1See foot-note 3 on page 649, ante. (Sections 9-11.) (2) If the owner of an animal seized under the proviso to sub-section (1) or his authorised agent applies in the prescribed manner for the return of such animal to his possession, the animal shall be so returned if such owner or his authorized agent pays any expenses, calculated in the prescribed manner, incurred for the upkeep of the animal up to the date of its release: Provided that on the release of the animal the owner or his authorized Agent, as the case may be, shall comply with any order which the Veterinary Assistant may see fit to issue under sub-section (1). (3) If the owner of an animal seized under the proviso to sub-section (1) or his authorized agent does not apply for the release of the animal under sub-section (2) and the animal is, in the opinion of the Veterinary Assistant, no longer likely to infect any other animals with the contagious disease in 15 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] respect of which it was seized, the Veterinary Assistant shall send the animal to the nearest cattle pound or deal with it in such manner as may be prescribed. (4)Notwithstanding anything in sub-sections (1), (2) and (3) if the Veterinary Assistant, after due examination of any animal, certifies in writing that such animal is affected with any of such contagious diseases as may be prescribed in this behalf, he may destroy the animal or deal with it in such other manner as may be prescribed. 9. Subject to such rules as may be prescribed, the Veterinary Assistant may, Disinfection by order in writing, require the owner, occupier or person in charge of any of buildings, building, yard, vessel or vehicle in which an infective animal has been kept etc., in to have such building, yard , vehicle, or vessel disinfected, and the internal infected fittings thereof and other things found therein to be disinfected or areas. destroyed, in such manner and to such extent as may be specified in the order, and such owner, occupier or person in charge shall comply with such order. 10. No person shall organize, promote or hold in any infected area any Prohibition animal market, animal fair, animal exhibition or other concentration of markets, of animals whether for the purpose of sport or trade, without the fairs, etc., in permission in writing of the 1[State] Government or such officer as the infected 1[State] Government may 2authorise in the behalf. areas. 11. If the Veterinary Assistant suspects that any animal is infective he Power of may subject it to such tests as may be prescribed and the owner or Veterinary person in charge or having control of such animal shall render every Assistant to facility and assistance to him in carrying out the tests. subject infective animals to tests. 1See foot-note 3 on page 649, ante. 2 For notification authorizing certain officers to exercise specified functions in the town of Calcutta and each sub-division of this State, see notification No.10191 Vety., dated 17.10.46, published in the Calcutta Gazette of 1946, Part-I, page 1588. 16 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] (Sections 12-16.) Power of 12. Subject to such rules as may be prescribed the Veterinary Assistant may make or Veterinary cause to be made a post mortem examination of any animal which at the time of its Assistant to death was infective or suspected to have been then infective and for this purpose he carry out may cause the carcass of any such animal to be exhumed. post mortem examinations. Manner of 13. (1) Every animal which at the time of its death is infective or suspected to be burial or infective shall be buried at least six feet below the surface of the ground or dealt disposal of with in such other manner at may be prescribed. carcasses of infective (2) Except in the case of the exhumation of a carcass under section 12, no animals. person shall disinter or otherwise remove the carcass of an animal buried in compliance with the provisions of sub-section (1). Prohibition 14. Whoever brings or attempts to bring into any market, fair, exhibition or on bringing other concentration of animals any animal which he knows or has reason to infective believe to be infective shall be punished with fine which may extend in the animals case of a first conviction to fifty rupees and in the case of a second or into any subsequent conviction to one hundred rupees. market fair etc. Prohibition 15. Whoever sells or attempts to sell or to transfer in any manner to another of sell or person any animal which he knows or has reason to believe to be infective shall transfer of be punished with fine which may extend in the case of a first conviction to one infective hundred rupees and in the case of a second or subsequent conviction to five animals. hundred rupees. Penalties 16. (1) Whoever, (a) having reason to believe that an animal is infective fails to give information as required by sub-section (1) of section 3, or (b) fails to segregate any animal as required by section 4, or (c) contravenes the provisions of section 6, or (d) fails to render every facility and assistance to a Veterinary Assistant as required by section 7, or (e) fails to comply with the order of a Veterinary Assistant made under sub-section (1) of section 8, or (f) fails to comply with an order made under section 9, or 17 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] (g) organizes, holds or promotes, as the case may be, any animal market, animal fair, animal exhibition or other concentration of animals in contravention of the provisions of section 10, or (h) fails to render every facility and assistance to a Veterinary Assistant as required by section 11, or (i) contravenes any of the provisions of section 13, shall be punished with fine which may extend to fifty rupees. (Sections 17-23.) (2)If any person having been convicted of an offence punishable under any of the clauses (a) to (i) of sub-section (1) is again guilty of any offence punishable under that clause or is guilty of any offence punishable under any of the remaining said clauses he shall be punished for every such subsequent offence with fine which may extend to one hundred rupees. 17. Subject to such rules, as may be prescribed, a Veterinary Assistant may enter Power of and inspect any land, building or other place or any vessel or vehicle for the Veterinary purpose of exercising the powers and performing the duties conferred or imposed Assistant on him by or under this Act. To enter and inspect land, etc. 18.(1) Where by any requisition or order under this Act or under any notification Time for or rule issued thereunder, any person is required to take any measures or to do complying anything in respect of any property owned or occupied by him or in his charge, with and a reasonable time shall be specified in such a requisition or order within which enforcement such measures shall be taken or such thing shall be done, as the case may be. of orders. (2) If such measures are not taken or such things are not done within the time specified in accordance with the provisions of sub-section (1), the authority issuing the requisition or order may cause the measures to be taken or the thing to be done and the cost thereof shall be recoverable from the person who was required to take such measures or to do such thing as if it were an arrear of land revenue. 19. Any Police Officer not below the rank of a Sub-Inspector may at the request Power of in writing of a Veterinary Assistant, arrest without warrant, any person who has Police been concerned in any offence under this Act. Officer to arrest without warrant. 18 The Bengal Diseases of Animals Act, 1944. [Ben. Act VI of 1944.] 20. No court shall take cognizance of any offence under this Act except upon Cognizance the complaint or report of a Veterinary Assistant. of offences. 21. No Court inferior to that of a Presidency Magistrate or a Magistrate of the Jurisdiction first class shall try an offence under this Act. of Courts. 22. No person shall be entitled to any compensation in respect of the destruction Bar of claim of any animal or thing or of any other loss, injury, detriment or inconvenience to compen caused him by reason of anything done under this Act in good faith. sation. 23. No suit, prosecution or other legal proceedings shall lie against any servant Indemnity. of the 1[Government] for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. 1 This word was substituted for the word “Crown” by para 4(1) of the Adaptation of Laws Order, 1950. (Section 24.) Power to 24. (1) The 1[State] Government may subject to the condition of previous publication Make rules make rules2 for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for, (a) the manner in which a report required in sub-section (4) of section 3 shall be made; (b) the manner in which a notification issued under sub-section (1) of section 5 may be published; (c) the kinds of classes of animals which shall be vaccinated or inoculated in respect of each contagious disease referred to in sub-section (1) of section 7; (d) the manner in which an animal may be marked under sub-section (2) of section 7; (e) the manner in which an application under sub-section (2) of section 8 shall be made; (f) the manner in which the expense referred to in sub-section (2) of section 8 shall be calculated; (g) the manner in which an animal may be dealt with under sub-section (3) of section 8; (h) the contagious diseases referred to in sub-section (4) of section 8; 19 (i) the rules subject to which a Veterinary Assistant may issue an order under section 9; (j) the tests to which an animal may be subjected under section 11; (k) the rules subject to which a post mortem examination of an animal may be made under section 12; (l) the manner in which an animal may be 3[dealt with] under sub-section (1) of section 13; (m) the rules subject to which a Veterinary Assistant may take action under section 17. 1 See foot-note 3 on page 649, ante. 2 For the Bengal Diseases of Animals Rules, 1945, made under section 24 of the Act, see notification No.10188 Vety., dated 17.10.46, published in the Calcutta Gazette of 1946, Part-I, pages 1638-1640. 3 The words within square brackets were substituted for the word “buried” by s.2 of, and the first Schedule to, the West Bengal Repealing and Amending Act, 1949 (West Ben. Act XIX of 1949). Bengal Act XIV of 1946 1 THE CALCUTTA DISTURBANCES COMMISSION OF ENQUIRY ACT, 1946. ADAPTED ….. The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [12 TH October, 1946.] An Act to vest a Commission of Enquiry with certain powers. Whereas a Commission of Enquiry has been appointed to enquire into and report on the causes of and the measures taken to deal with the disturbances which occurred in the town and neighbourhood of Calcutta in the month of August, 1946; And whereas it is expedient to vest the said Commission of Enquiry with powers of a Civil Court; It is hereby enacted as follows: 1 (1) This Act may be called the Calcutta Disturbances Commission of Enquiry Short title Act, 1946. and extent. (2)It extends to the whole of 2[West Bengal]. 20 2. The Commission of Enquiry appointed under the Resolution of the Government Power of of Bengal in the Home Department, No.4309P., dated the 11 th September, 1946 as Commission amended from time to time (hereinafter referred to as the Commission) shall have of Enquiry. Act V all the powers of a Civil Court for the purposes of receiving evidence, administering Of oaths, enforcing the attendance of witnesses, and compelling the discovery and 1898. production of documents, and shall be deemed to be a Civil Court within the meaning of section 480 and 482 of the Code of Criminal Procedure, 1898. The Commission shall furthermore have the same powers of dealing with contempt of the Commission or any of its members or of, or in respect of, any proceedings of the Commission as if the Commission were a High Court established by Letters Patent. 3. Except in a prosecution for giving false evidence, no statement made by a person Statements In the course of giving evidence before the Commission shall subject him to, or be made by used against him in, any civil or criminal proceedings: persons To the Commission. Provided that such statement (a) is one which the Commission permits or requires to be made before it by such person; and (b) is relevant to the subject matter of the inquiry. 1 For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the 11 th September, 1946, Pt. IVB, page (ii); for Proceedings of the Bengal Legislative Council, see the Bengal Legislative Council Debates No.18 (pages 319-325), No.22 (pages 367-368) and No.23 (pages 391-400), dated the 13 th , 19 th and 20 th September, 1946, respectively; and for Proceedings of the Bengal Legislative Assembly, see the Proceedings of the meeting of the Bengal Legislative Assembly held on the 28 th September, 1946. 2 The words within square brackets were substituted for the word “Bengal” by para. (2) of Art.3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.