Orissa Animal Contagious Diseases Act, 1949

28 ORIHA ACT VIII Ol 1949. THE ORIS~A ANIMAL CONTAGIOUS D~SEASES ACT, 1949. [ tleceit,ed the assent of the Governor on the 16th July 1949 .firsl publiahed in the Orissa Gazette, dated the 29th July 1949] AN' AOT TO PROVIDE FOR THE PREVENTION AND OONTBOL OF CONTAGIOUS DISEASES AFFECTING ANIMALS. WHEREAS it is expedient to provide for the prevention and control of contagious diseases affecting animals ; "{t is hereby ena~ed a.s followa : CHAPTER I PRELIMINAll.Y Short title, extent and 1. (1) Thie Act may be called the Orissa. Animal Contagions eommenoe- Diseases Act, 1949. · m~nt. Power to exempt areas from the Provisions ofthia Act, Definitions (2) It extends to the whole of the Province of Orissa. (3) This section shall come into foroe at once and the Provincial Government ma.y, by notification, bring the rest of this Act, or any pa.rt of it into force in the Provinoe or in any area. in the Province on such date and for such period as may be specified in the notification. 2. Notwithstanding anything contained in section I the Provincial Government may, by notification, exempt any area from any or all of the provisions of this Act, or may, by like notification, direct that any provision of this Act shall apply to any e.-na, with such modifiuations as may be specified. • 3. In this Act, unlesa there is anything repugnaat ill the siibject or oontext, (a) "Animal" meana any dome1ti1atea IWlimal or bird or any animal or bir? kept in oon:6n1m1at ; · • 8obeduled \,'. ~ • Veterinary Surgeons. Inspeoto rs. ;tatus of ¥eterinary ~urgeons and • In11pector11. Powers of Inspeotor Power to regu]ate inter­ provinoial trade and to control tr~rt ofammall andthUJ&II wbioh D)AJ' apread ....... 29 (b) a.n "infeotive animal" is one which is effected witl a. scheduled disease or bu recently been in contact with or in close proximity to a.n animal so affected ; (c) ' prescribed ' mei.ns prescribed by rules or regulations ma.de under this Act ; (d) ' scheduled disease ' means any disease for the time being included in the Schedule in Appendix I. · 4. The diseases specified in the Schedule in Appendix I shall in the first instance bo scheduled diseases for the purpose of this Act, but the Provincial Government may by notifica­ tion (a) delete any entry from t'.n 3ohedule, or' (b) includ,, in the Schedule 1. 1y commnnicable disease of animals to whioh it is expedient in their opinion that the provisions of this Act should apply. &. (1) The Provincial Government may appoint any graduate of a recognised Veterinary College, whom they thinl­ fit to be a. Veterinary Surgeon for the purposes of this Act, all(J, may define the area within which he shall exercise the powers and perform the duties of a Veterinary Surgeon under this Act. (2) A Veterinary Surgeon shall have all the powers of a.n Inspector under this Act, and may exercise such powers con­ currently with his powers as Veterinary ·Surgeon. 6. The Provincial Government may appoint any person they think fit to be an Inspeotor for any or all of the purposes of tbis Act, and may define the area within which• he shall exercise the powers and perform the duties incidental to such purposes. 7. Any person appointed under section 5 or section 6 shall be deemed to be a public servant within the meaning of the XLVof 1860 Indian Pena.I Code. 8. An Inspector may, subject to any rules made in this behalf by the Provincial Governmer.t, enter and inspect any land or building or other pla.ce, or any vessel or vehicle, for the purpose of exercising the power.g or performing the duties conferred and imposed on him by or under this Aot. CHAPTER TI THE CONTROL OF DISEASE. 9. (1) The Provincial Government for the purpo,es of preventing the outbreak or spread of any scheduled disease, may, by notification prohibit or regulate in such manner and to such extent as they may think fit, (a) the bringing or taking into the Province of Orissa er any specified plaoe therein of any animals, a.live or dead or of any parts of a.nimala, or of any kind of fodder, bedding or other thins which may, in their opinion, carry infection, Power to control the holding of markets, fairs, etc. Power to control traffic in infective animals. Cleaning and disin. feotion of vessels and vehicles. Duty of certain per• sons to report scheduled iiseaee. 30 (l>) the removal from any specified part of the Province • f Oriesa. of any such animals, parts of animal■, or things. (2) The Provincial Government may, by notification, specify the season or seasons during which and the route or routes by whioh, animals may be imported into the Province and no person shall import animals into the Province otherwise than during the season and by the route so appointed. (3) The Provincial Government may establish quarantine sta.tion fol' the inspection a.nd detention of such a.nimals along the routes appointed under sub-section (2). (4) The period of detention of anima.ls a.t a. qua.rantiue station for the purpose of inspection, vacoina.tion if neceseary • marking and issuing of a. permit for the release of anima.ls from the station, she.II be such as may be prescribed. {5) The animals so detained shall remain under the os.re of the person in charge who shall be responsible for their feeding and upkeep and for the Pl!-yment of such fee for their vaocinatiou and marking as may be-prescribed. 10. The Provincial Government, for the purpose c,l preYenting the outbreak or spread of any scheduled disease, moy prohibit or regulate in suoh manner and to suoh extent as may be proscribed, the holding of animal markets, animal fa.ire, animal exhibitions or other concentration of animals in any specific area. 11. The Provincial· Government may by regulations prohibit or limit the sale of or other traffic in infecti v-e animals, or in the carcasses of animals which at the time of their death were infective or in any parts of such animals, or litter, feeding utensils or other things which may carry infection. 12. (1) Every vessel or vehiole used by a common carrier for the transp::>rt of animals sha)l be cleansed and disinfected JJeriodically in such manner as the Provincial Government may, by regulations, prescribe. (2) The Provincial Government may appoint plaoes where an Inspector may detain and inspect any such vessel or vehiole, and, if it is not in a sanitary condition, require it to be cleansed and disinfected in the prescribed manner within such time as the Inspector may appoint. (3) If such vessel or vehicle is not so cleansed and disin­ fected within the appointed time the Inspector may cause it to be cleansed and disinfeoted at the expense of its owner. (4) This section shall not apply to the rolling stook of any railway. 13. ~very owner or person. inoharge of, every person bringing into the Province of Or1s■a and every Veterinary pra.ctitioner who. ha.■ been called to. treat an animal which he has reason to believe to be affeoted With a scheduled disease shall forthwith repon ih• faoi io the Inspeotor t"Xeroi.:'!ing iv.>wers in the are&. J .... • I 41 Power of Vf1Mrinar7 hrpon to hold poet. mortem. Power Mi ilolate iofeotive ...,,, ,, Bsemtr,e-. Manby the Veteri. nary hrpon. at 14. Subject so 111oh raJee u may be preeonoed, the Veterinary Burgeon may make or cauae to be made a post­ mortem examination of any animal which at the tlme of it death waa infeotive, or iB aapeot,eci to have been then intt,ct1v· and for thia purpose he may oaue the caroau of any such r.nimal to be exhumed. 16. (1) Where an Inapector has reason to believe that any animal is infeotfve he may, by order in writing, direct the owner or person in charge of such ani111al to keep it where it is for the time being or to remove it or allow it to be removed oo 81loh place of isolation or segregation as may be preacribed and within snob period as may be specified in the order : Provided that wherp there ia no pereon in -0harge of tho animal, and the owner is unk.nown or the order cannot be communicated to him without undue delay or the penon in charge of the animal refuses to do as ordered above, the Inspector may seize the animal and remove it to a plac • on i-aolation or segregation. (2) The Inapeotor shall forthwith report every order of seizure under thia section to the Veterinary Surgeon. 11. On Niceipt of a report under sub•ae1Jtion (2) of section lo the Veterinary Surgeon shall examine the abimal aa soon &P p0saible and may also examine all animals which it has been in contact with or in close proximity to and for this purpoS6 may submit any animal to any test which the Provincial Govern ment may, by regulations, prescribe in this behalf. Aotionafler 17. (1) If after such exaaiination the Veterinary Surgeon e:umination ia of opinion that any animal is not infective the In-1pector shau ~eteriuary forthwith return it to the person from whom it was recovered Ba,pon. Provided that where such person cannot, without. undue inconvenience, be found, the Inspector shall send the animal to the nearest cattle-pound, or deal with it in such other manner aa the Provincial Government may, by rules, presoribe in this behalf. (2) If after such examination the Veterinary Surgeon certifies in writing that any animal ia affected with a scheduled disease, the Inspector shall destroy the animal or deal with i\ in such other manner aa the Provincial Government may, by rules, pl'81loribe in this behalf. (3) If after such examin!l.tion the Veterinary Surgeon certifies that the animal is infective tbougb not dise&88d, the animal shall be deal with in suoh manner as the Provincial Government may, by rules, preaoribe in this behalf. 1L Com penaation may be paid to the owner of an animal destroyed under acct.ion 17 and euch compensation shall be determined in accordance with rules to be prescribed in th ia behalf: Provided tha't. (i) no oompeniation shall be paid to any peraon oonYiOHd of "JLY offence puniahable under thia Aot committed in reepect of auch animal ; (ii) no compena •tion ahall be paid in reapeot of any animal whioh, when it was brought in\o the Province of Oriaaa, wu affected. with ~ diaeue on aeoount of which b ... davo,-. Power to require dimnfection of infected premises, vessels or vehicles. Declaration of private infected plaoee. 32 19. (I) Subject to the rules to be pre■cribed in this behalf the Veterinary Surgeon may, by order in writing, require the owner, occupier or person in charge of any building, yard, Teasel . or vehicle in which theru baa been an infective animal, to have such building, yard, vessel or vehicle disinfected and the"internal fitting thereof and other things found therein or near thereto be disinfected or destroyed, in such manner and t o such extent as may be specified in the order. (2) Subject a.a aforesaid, if such owner, oocopier or person fails to comply with the requirements of such order within a reasonable time the -Inspector may ca.use such building, ya.rd vet1Scl or vehicle to be disinfected, and the internal fittings and other things to ho disinfected or destroyed, at the expense of the owner • . iO. (1) If the Inspector has reason to believe t.hat there is an infective animal in any field, ya.rd or building in which animals are kept, temporarily or otherwise, he shall at onoe by order in w1 iting decla.ro the place to b~ an infected place and shall deliver a copy of the order to the owner, occupier or person in charge of the place and arrange for the immediate disinfec­ tion thereof and report his action to the Voterina.ry Surgeon. (2) This section shall not apply to an.,- place owned by or under the control or management of any Local authority or railway administration where animals a.re temporarily kept for sale, exhibition or in transit. Examination 21. {I) The Veterinary Surgaon shall, as so:>n a'i po3sible, of infected examine the infected place and the animals kept therein, and ~::'r!!ry may ca.noel or confirm the order of the Inspector. Surgeon. (2) If he confirms tho order he· may cause notice to be Declaration of public infected places. served on the owners, occupiers or persona in charge of all places in which animals a.re kept temporarily or otherwise, within a. radius not exceed.i11g one mile from the infected place, declaring such places to b .:1 infeoted places. (3) The Veterinary Surgeon shall forthwith report his action under sub-section (2) to the authority prescribed in this behalf. \ 22. (1) Where the Veterinary Surieon haj reason to believe that infective animals a.re or have been in any place owned, controlled or managed by any Local authority or railway administration, where animals are temporarily kept for purposes of sale, transit or exhibition, he may, by order in writing, declare such place to be an infected place. (2) The Veterinary Surgeon shall oa.uae a copy of such order in the vernacular of the locality to be exhibited prominently in the infected place, and he shall deliver copies at tho office. of the Local authority, or to the nearest station-master of the railway administration, as the case may be, and shall also send a copy to the nearest police-station ; and he shall report his action forthwith to·the authority to be prescribed in this behalf. lJeclaration 23. (1) On receipt of the report of the Veterinary Surgeon of infected under sub-soctio t (2) of aeotioo 21 or under sub-section (2) of aprea~ h~ th1 e section 22 and after such further inquiry, if any, a.a they may rovmo1a fi h p • •-1 G t Government. think t, t e rovmc1iu overnmen (•) 11111,y ca.nee! any deola.rauon ma.de under 1eotion 21 or 22; or ' • 33 (6) may oonftrm suoh deol&ration eith• with ~or wi-1l011• modifioationa. (2) Where •he Provincial Government cancels any deolara. tion, the Inspector shall give notice of the oanoellation to all persona to whom copies of 1uch deolaration were de,ivered or on whom notices of such declaration were served. (3) Whne the Provincial Governm~nt confirms such deola. ration either with or without modifications they shall, by notification defining tho limits of the area to which the notifio:.­ tion sha,ll apply, declare such area. to be an infeot<.ld area. (4) On the isiue of such notification any place dP-clared by the Inspector or Veterinary Surgeon to be an infected place and not inclu<ied in the infected area so defined shall cease to be an infected place, and the Inspector shall give notice accordingly to the owner, occupier or per:1on in charge of such place. (5) The Inspector shall ca.nae to be exhibited in some prominent place in the infected area and in the vernacular of the area, a copy of the notification under sub-aection (3), and shall al:10 cause to be so exhihited a copy of any subsequen• notification adding to, amending, varying or r scinding suoh notification. Re moval of i4. (1) No person shall remove from any infected area. or •~hand place any animal, dead or alive, or any part of an animal or irom anga any fodder, be<lding or other thing used in connection with ,nfected animalt1, save in accordance with the eonditions of a licence areu or granted by the Inspootor in the prescribed f..,rm. place•. (2) Nothin~ in thia section shall prevent the transit by railway through an infected area or place of any animal or thing: Provided that where any animal or other thing referred to in aub-section fl) while in transit through an infected area or place is unloaded therein, it shall not be removed therefrom save in accordance with sub-section ( 1). tower to 25. Where any animal or thing is removed from an infected At.urn area or place otherwise than in accordance with a liceDRe granted ~~to. under section 24, any Inspector or polioe officer may require the areu':° owner or peraon in charge of 11uoh animal or thing to return it ~ to such area or place, and if the owner or person in oharge faila to do so within a reasonable time, may oauae it to be returned at the expense of the owner without further delay : • Provided that nothing in this aeotion aha.11 affeot the p0wera of an Inspector undv section 15 to deal with infective animals . Time for 28. Where by •ny notice, requiaition, or order under thi1 ~mplying Act or under any notifioation or rule issued thereunder any Wlth and peraou ia required to take any meaaurt·B or to do anything in :c!,~C::.en, reapect ot any proP:rty ownt-d or oooui,i~ by him o~ in his charge, a rt•asonable time shall be apecified in such not1oe, re­ quisition, order, notification or rule within which auoh measure, shall be taken or such thing shall be done, aa tue c&IIJ may be. ReooY of 27. Wham any action is taken under this Chapter in re.tpeo, •~~ of any property at the expense of the owner thereof, tn~ officer inourn,d ts.king 11uch action may prepare a certificate on the basil of the under ,hill s~le1 of charges prescribed, •~•ting tli amount of the expenaea Oupw. inourred and the per1011 from whom auoh amount ia reooverabJe. Penalties for con• travention of the Act,, regulations and rules. Penalty for keeping or grazing in, fective animal in unenol018d 111.nd. Penalty tor bringing infective animal to markei. and any Magistrate to whom euch certificate is presented may, after such inquiry as he may think fit, recover such 21.mount as if it were a fine imposed by him on such person. • CHAPTER III PBIU.LTIJ:S .4ND PBOOJDDURE 28. Whoever ( a) removes from any pa.rt of the Province of Orissa. any animals a.live, or dead, or any part of an animal, or any fodder, bedding or other thing in contravention of a notifica tion issued under section 9 ; (b) imports animals in contravention of sub-suction (2) of section 9 ; (c) holds or promotes or takes part in any market, fa ir, exhibition or other concentration of animals in contravention of a notification hsued nnder sect.ion 10 ; (d) sells or otherwise traffic·s in, or attempts to sell or traffic in, an infective animal, or its products, or the carcass of an animal which at the time of its death was infective, i~ contr!l.vent ion of section 11 ; (e) being in charge of a common carrier fails to cleanse or disinfect any vessel or vehicle used for the transport of animals 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 aecUon ; (/) fails in contravention of section 13, to report that an animal is infective ; (g) fails to comply with an order made by an Inspector under sub-section (1) of section 15 ; (h) fails to comply with an order ma.de by the Veterinary surgeon under sub-section (1) of section 19 ; (i) removes any animal or thing from any infected place or area in contravention of si>otion 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 oonviction, to five hundred rupees. 29. Whoever keeps or grazes, in or on any forest, open field, roadside, or other unenclosed land, to which other persons have a right of access for their animals, any animal which he knows to bo infective, shall be p rnishable with fine which may extend in the case of a first oou viction to one hundred rupees and in the case of a secl•nd or su lisequent con­ viction to five hundred rupee~. 30. Whoever l:rings or attempts t o bring into any market fair, exhibition or other oonoentration of animals any a.nima.J which he knows to be affected with a scheduled disease shall be punishable with fine which may extend in thti case of a first oonviotion to one hundred ru1 eea and in the ci.se of a second or 1ubsequent conYiotion to fin hundred rupee■• .. • ...,. Penalty pl&oing oaroaas of infective animal in river. Penalty for dillinterring oaroaesof diseased animal. Penalty for malicious +and vexatious entry or seizure by Inspector. Arrest without order or warrant. Institution ofprocee dinga. Juriediotion ofMagis­ ~ate. 35 31. Whoever places, or ca.uses or permits to be placed, in any river, cane.I, or other water, or in ihe sea within ten miles of the shore, the carcass or pa.rt of the oarcass of a.ny animal which at the time of its death was infective or which has been destroyed a.s being infective or suspected of being infective shal be punishable with imprisonment for a term which may extendl to six months or 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 or with both. 32. Whoever, without lawful authority, disinters or oauses to be disinterred the carcass or part of the carcass of any animal which at the time of its dee.th was infective or which has been destroyed as being infective or suspected of being infec­ tive, shall be punishable with fine which may extend in the cas3 of a first conviciion to one hundred rupees a.nd in the case of a second or subsequent oonviction to five hundred rupees. 33. (1) Whoever being an Inspector, maliciously and vexatf. 011sly enters or inspects any land or building or other place or any vessel or vehicle or seizes or detains any animal, shall be punishable with imprisonment for a term which may extend to six mnnths, or with fine which may extend to five hundred rupees or with both. (2) No prosecution under this section shall be instHuted after the expiry of six months from the date on which the offence has been committed. 34. Any police officer, not being below the rank of Sub­ Inspector of police, may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence aga.inst any of the provisions of this Act relating to infected places or infected animals. 35. No prosecution under this Act shall be instituted except by or under the authority of the Veterinary Burgeon. 38. No Magistrate shall try any offence under this Act unless he is a Presidency Magistrate, a MagiPtrate of the first class or a Magistrate of the second class. ~ Bar of claim 37 N h 11 b t · l d to . . • to oompen- • o person s a e en it e any compensation m ·respect sation. of the destruction of any animal and thing or in respect of any other loss, injury, detriment or inconvenience ca.used to him by reason of anything done under this Act in good faith except• ing that provided for in 1eotion 18. Pcwer of Provincial Government to make regulation■ and rules. 38. (1) The Provincial Government may make rules or regulations for carrying out the purposes of this Act. (2) In particular and without prejudice to the genenJiiy of the foregoing power such rules or regulations may be madet:for all or any of the following purposes, namely : (a) to define the power of entry and inspect.ion of a.a inspector under section 8 ; (b) to prescribe the period of detention of animal■ under sub-section (4) and the amount of fee to be paid under 1ub section (5) of seotion 9 ; ~ (c) to prohibit or regulate the holding ot markets, faira, exhibitions or other ooneentrations of animala uader 1Ntion 10; 36 (cl) to prohibit or limit the sale of or other traffic in infeotive animals under section 11 ; (e) to preecribe the manner of periodical cleansing and disinfection under sub-section (1) and to appoint places for the diainfection of vessels or vehicles under sub-sect,ion (2) of aection 12 and for the isolation or segregation of animals under aeotion 15; U) to prescribe the teat under section 16 ; (g) to regulate post-mortem examination of animals under section 14 and the disposal of animals under sub-sections (1), (2), and (3) of section 17 ; (h) to provide for the determination of the compensation payable under section 18 ; (i) to regulate the exercise of the powers of the Veterinary Burgoon and Inspector under section 19 ; (j) to prescribe the authority referred to in sub-section (3) of ■ection 21 and sub-section (2) of section 22 ; (k) to prescribe the form and contents of the licenses to be granted by an Inspector under section 24 and the circums­ tances under which they may be granted ; (Z) to prescribe scales of charges to be followed in preparing certificates under section 27 for expenses incurred on behalf of an owner ; (m) to regulate the isolation, detention, t reatment (including sterilization and inoculation) and disposal I f animals which are infective or suspected of being infective and the disposal of carcasses and parts of carcasses ; (n) to regulate the duties and powers of Inspectors ; (o) to prescribe the manner in which any report or notice under this.Act shall be made or given; (p) to prohibit or regulate the entry into the Province of Orissa or any specified part or place thereof and the movement from one place to another in the Province of Oristia of animals, alive or dead, or parts of animals or fodder, bedding or other things ; (q) to prohibit or limit sale or traffic in infective animals or oarcasaes of infective animals ; (r) to regulate the disinfection of vessels or vehicles used by common oarriers, the cleansing and disinfection of buililings, yard■ and other plaoes used for animals and the destruction of infected matter or things found therein or near thereto , {•) to prescribe the teat■ to be applied to animals 1upe8'ed of being infoctive J 1 > ., .. 37 (I) to prescribe the manner in whioh animale ahall be destroyed and the manner in whioh oaroassee or parts of carcasses, bedding or other things seized under the Aot shall be disposed of ; and (u) to prescribe the period of detention and the amount of fee for vaccination and marking at the inter-provincial quarantine stations. (3) In making a rule or regulation under this 1Jeotion the Provincial Government may direot that a breach of ill shall be punishable with fine which may extend in the oase of a firat oonviotion to fifty rupees and in the oaee of a seoond or subse­ quent conviction to two hundred rupees. Power to 39. (1) The power to make rules or regulations conferred :Ue rules by this Act is given subject to the oondition of the regulations regulations or rules being made after previous publication. 8Ubjeot to pre~oua (2) All regulationa or rules made by the Provincial Govern publioatiom. ment under this Act shall be publiahed in the Gazette. Protection to peraons aoting under the Aot. Saving o! things already done. 40. No suit, prosecution or other legal prooeeding shall lie against any person for anything which is in good faith done or intended to be done under this Act. 41. Anything done under any of the enaotmenta repealed by section 42 prior to the commencement of thie Act, shall be deemed as from the commencement of thie Aot to have been done under this Act. 42. The Glanders and Farcy Act, 1899, and the Dourine XIll of 1899 Act, l!HO, are hereby repealed. V of 1910 SCHEDULE APPENDIX I SOHBDULlll OJ' DISJUSBS Blllll'.BBBaD TO IN SBOTION 4 l. Rinderpest or Cattle Plague 2. Foot and Mouth Disease 3. Haemorrhagio Septici.emia 4. Blaokquarter 5. Anthrax 6. Tuberouloeis 7. Johnee Disease 8. Glander• and Farcy 9. Epizootio Lymphangitia 10. Dourine 11. Rabies 12. Surra