The ASSAM CATTLE DISEASES ACT, 1948
Assam · state statute
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ASSAM ACT XXVI OF 1948
THE ASSAM CATTLE DISEASES ACT, 1948
(Passed by the Assembly)
[Received the assent of the Governor on the 29th November,
1948]
[Published in the Assam Gazette of the 8th December 1948)
An
Act to provide for the prevention qf the spread of contagiour disease.!
among cattle in the Province of Assam.
WHEREAS it is expedient to tak e measures to prevent the spread of
contagious diseases among cattle in the Province of Assam ;
It is hereby enacted as follows:-
Short title, l. (l) This Act may be called the Assam Cattle Diseases Act,
extent and 1948.
com me net"·
ment.
Deftni lions.
(2} This Act, except sections 3 to 8, extends to the whole of
the ·Province of Assam and shall come into force at once. Sections 3
to 8 shall extend to such areas and come into force on such dates as the
Provincial Government may, by notification, dire ct.
2. In this Act, unless there is anything repugnant in the subject
or context,-:--
(i) ''Cattle" means cows, bulls, bullocks, buffalo es, sheep and
goats and the young ones of these species of both sexes
and such other domesticated animals as may be pres
cribed ;
(ii) "Contagious disease" means a disease specified in the
Schedule to this Act and any other diseas e which the
Provincial Government may, by notific a tion in the official
Gazette, declare to be a contagious disease ;
(iii) ''infected area" means ao area in respect of which a noti
fication under section 10 is in force ;
(iv) "infective" used with refere nce to an animal means affected
by a contagious disease or having recently been in con·
tact with or proximity to an animal so affected ;
(v) "Inoculation" means inoculation with any protective serum
or vaccine or with both ;
(vi) "Owner" in relation to any animal includes a person
having charge of such animal ;
(vii) ''Prescribed" means prescribed by rules made under this
Act;
(viii) "Veterinary Offic er" means any officc:-r · of -the Civil
Vetet inary D epar tment not below the rank of Veterinary
A.ssiitant Surgeon.
Price 2 as. or 2 d.
,
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Seasons and 3. (l) When sections 3 to 8 have been extended to any area,
~outes . for the Provincial Government may, by notification, appoint · the
Importation d · h' h d h of cattle. season pr seasons unng Vj IC an t e route or routes
by which cattle may be imported into such area, and .no
Quarantine
stations.
Vaccination
and mark·
ing of cat·
tie.
person s]lall import cattle into such area otherwise than during
the season and by the route so appointed.
(2) The Provincial Government may establish quarantin e stations
for the inspection and detention of such cattle along the routes
appointed under sub-section (l).
4. ( 1) All cattle on arrival at a quarantine station shall-
(a) be vaccinated against such contagious disease, as may
be notified in this behalf unless the Veterinary Officer
of the station is satisfied that they have been vaccinated
against such disease within 18 .months immediately
preceding their arrival or within such longer period so
preceding as may be prescribed ; and
(b) be marked in the prescribed manner.
l'eriod of (2) The period of detention of cattle at a quarantine station for
detention of the purpose of inspection and vaccination shall be s11ch as may be
eattle . at prescribed. quarantme
station.
Assistance to (3) Every person in charge of cattle shall give reasonable
Veterfnary assistance to the Veterinary Officer of the station and his subordinates
~fficer. for for the inspection, vaccination and marking of such cattle. mspectlon,
etc., of
cattle. .
Feeding and 5. {l) All cattle detained in a quarantine station shall remain
upkeep of under the care of the person in charge who)hall be responsible for
detained their feeding and upkeep. cattle.
{2) The Provincial Government shall make appropriate arrange
ments for the supply of cattle-food, grazing and water and may
recover the charges incurred by the levy of fees as may be prescribed.
Precautions (3) Every person in charge of cattle shall, during the period of
a,aimt their detention, take reasonable precautions against their straying
straying of from the limits of the quarantine station or from the place allotted
cattle. for their halt.
Liability t.o 6. (1) The person in charge of cattle shall r,ay all du~ in
pay vaccina- respect of detention of such cattle in a quarantine station including
tion . and such fee as may be prescribed for vaccination and marking.
f~e~:kmg (2) If such dues are not paid, the Veterinary Officer of the station
may seize as many cattle as will, in his opinion, suffice to defray the
dues leviable under sub-section (1) and such inci~ental charges in
connection with the seizure and sale and forthwith report the fact to
the Deputy Commissioner or such other officer as may have been
appointed by the Deputy Commissioner in this behalf.
(3) The D.eputy Commissioner or other officer so appointed may,
if satisfied that such dues have not been paid, issue such notice or
Permit
release
cattle.
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proclamation as may be prescribed and cause the cattle so seized, or
as many as will, in his opinion, suffice to defray the dues and inciden
tal charges, to be sold by auction and the proceeds of the sale applied
to the payment of-
(a) the amount due under sub-section (1),
the charges in connection with the seizure, custody, feeding
and upkeep of the cattle and the proceedings of the
sale.
( 4) The balance of the purchase money, if any, shall be delivered
to the person who was in charge of the cattle when they were seized
or their owner, together with an account showing-
( a) the number of cattle seized and sold,
(b) the time during which they had been in custody,
(.:) the proceeds of sale, and
(d) the manner in which those proceeds have been disposed
of.
f 7. The Veterinary Officer of a quarantine station shall, at the 0
0 f time of release of cattle from the station, grant, in such form as
may be prescribed, a permit to the person in their charge, and such
person shall, while in charge of the cattle, produce it whenever so
required by such officers as may be prescribed. If such person fails to
produce a permit, the officers aforesaid shall give him reasonable
facility to produce the same within a g~ven time.
Prohibition 8 .. No person importing cattle into ar.y area during a season and
to ~au be• by route appointed for such area under section 3 shall pass beyond a
~=~tiBe q~:: quarantine station unless he holds a permit under section 7 in
tion. respect of the cattle in his charge.
Report of
contagious
disease.
9. Every owner or person in charge or having control of an
animal, and every Veterinary practitioner attending any animal in
the course of his veterinary 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 Veterinary Officer
within the area of which such animal is for the time being
kept.
Power to 10. The Provincial Government or such officer as it may autho
notify infec- rise in this behalf may, in the manner prescribed, declare any local area
ted areas. in which any cattle is affected by or exposed to any contagious
disease specified in such notification to be an infet>ted area.
Prohibition 11. (1) Save in accordance with the conditions of a license granted
of mov~ment by a Veterinary Officer-of ammals,
etc., into or (a) no person shall remove any animal, alive or dead,
out of infec- or any product of any animal (including its excreta) 01
ted areas, any part of any animal or any fodder, bedding, harness or other
things used in connection with an animal, and
(b) no person owning or having charge c;>f 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.
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(2) Nothing in sub-section (1) shall prevent the carriage by
railway or by any mechanically propelled vessel of a type approved
by the . Provincial 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 unload
ed ~ therein it shall not be removed therefrom save in accordance
with fhe provisions of sub-section (I).
Prohibition I2. No person shall organise, · promote or hold in any infected
fof1.rmarketts, area any animal market, animal fair, animal exhibition or other
a s, e c., . f . I h r d in infected concentratiOn o amma s whet er wr the purpose of sport or tra e,
areas. without the permission in writing of the Provincial Government or such
officer as the Provincial Government may authorise in this behalf.
Inoculation 13. (I) On the issue of a notification under section 10 a Veterinary ofanimals. Offi · d h r cer appomte for t e in1ected area may inoculate every healthy
animal of the species affected by or exposed to the contagious disease
specified in such notification
(2) For the purpose of inoculating any such animal the Veteri~
nary Officer may, by notice in writing, call upon the owner of the
animal to produce it for inoculation at the time and place specified in
such notice and such owner shall give that officer reasonable
facility and assistance in carrying out the Inoculation.
Cornpul~ory 14. If a Veterinary C>fficer, ·after due examination of an animal
segdregatwnt and such enquiry as may be neces~ary, is of opinion that such animal an trea -. . r . h I d . . . d' h f h ment of ani-Is lll1ective, e may )y or er m wntmg, 1rect t e owner o sue
mal~ in in-animal- ·
fected areas.
Compulsory
inoculation
of animals.
(a) to keep it where it is for the time being, or remove it, or
allow it to be removed to such place of isolation or segregat;on as may
be specified in the order ; ·
(b) to subject it to such treatment as may be specified in the
order ; and such owner shall comply with such order.
15. (I) The Provincial Government may, in the manner pres
cribed, notify any local area as a compulsory inoculation area in
respect of Rinderpe~t or any other contagious disease specified in the
Schedule.
(2) A Veterinary Officer may inocuiate any animal of the species
specified in a notification under sub-section ( l).
(3) For the purpose of inoculation of any such
nary Officer may ,-by notice in writing, call upon
animal to produce it for inoculation at the time and
such notice and such owner shall give that officer
and assistanc:e ir. carrying out the inoculation.
animal, a Veteri
the owner of the'
place specified in
reasonable facility
Marking of 16. For the purpose of identification, the Veterinary Officer
animals. may mark the inoculated animal by branding or tattooing with letters
or numerals, or with both. -
17. When inoculation has been carried out - under sections Certificate of inocula- ' 13 14 or I5 the Veterinary Officer shall, if requested by the
tion. oV:ner of the inoculated animal,· issue a certificate in the · prescribed
form showing that the animal has been inoculated against the disease
shown in ~ uch certificate.
L_ ____________ _________________________________ _____________________ _
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No fee to be IS. Except as provided in sub-section (I) of section 6 no fee
~harg1edt. for shall be recoverable. for inoculation carried out in accordance with the
1nocu a wn. . . f h' A previsions o t Is ct.
Non-com- I9. If the owner of an animal in respect of which a notice has
plia~ce with been issued under sub-section (2) of section I3, section I4 or sub-
91e4ctwns15 13, section (3) of section I5 fails to observe a direction issued by the
or to V · Offi · d · h h · · f h 'd be reported etennary cer m accor ance wit t e provisions o t e sa1
to Police. sections, the Veterinary Officer concerned shall report the
default to the nearest Police Station and the Officer-in-charge of
such Police Station or such other Police Officer as may be deputed by
him in this behalf shall thereupon seize the animal and detain it for
production before the Veteri~ary Officer reporting the default.
Recovery of 20. The expenses of detention and production before the Veteri
expens.es of nary Officer incurred under section I9 shall be recoverable at such
detentwn. rates as may be prescribed from the owner of the animal. If he fails
to pay the amount due, it may, without prejudice to any other mode
of recovery, be recovered by sale, by public auction, of such number of
the owner's animals as may be sufficient to realise such amount.
Man~er of 21. (I) On the issue of a notification under section IO, the owner
thfe disposal of any animal, which has died or is believed to have died of any
o carcasses . d' h ll b 'h . l l . f b l h of infective contagwus 1sease, s a ury sue amma at east SIX eet e ow t e
·animals. surface of the ground or deal with it in such manner as may be prescribed.
·Penalty.
(2) A Veterinary Officer may, when he has reasor~ to believe that any
animal had died of any contagious disease, issue a notice to the owner
to bury such animal in the manner provided under sub-section ( 1).
(3) No person shall disinter or otherwise remove the carcass of any
animal buried in compliance with the provisions of sub-section
(I) or (2).
22. Whoever contravenes any of the provlSlons of this Act, or
of any rule or order made thereunder shall, on conviction, be punishable
with fine not exceeding fifty rupee~, or in default with simple impri
sonment for a term not exceeding one month.
Bar of legal 23. No suit, prosecution or other legal proceedings shall lie against
proceedings. any person for anything in good faith done or intended to be done in
pursuance of this Act.
Rules, 24. (1) The Provincial Government may make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing provisions, the Provincial Government may make rules-
(a) prescribing the manner in which an area may be declared
to be an infected area or a compulsory inoculation area ;
(b) prescribing the form of notice issued under sub-section
(2) of section 13, section I4 and sub-section (3)of sec
tion I5;
~c) prescribing the form of cert ificate granted under section 16;
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(d) providing for the custody of animals detained under this Act
and for their feeding and watering while under detention
and prescribing the charges to be levied for feeding and
watering such animals and for their production by the
Police before the Veterinary Ofi'ker ;
(e) regulating the sale of animals liable to be sold under section
20;
(f) providing for the disinfection of buildings where infective
animals are kept in infected areas ;
(g) prescribing the manner of disposal of carcasses of infective
animals under section 21 ;
(h) prescribing the fee for vaccination and marking under
section 6.
~ (3) All rules made under this Act shall be laid before the Assam
Legislative Assembly, as soon as possible after they are made, and shall
be subject to such modifications or amendments as may be made by
the said Assembly.
SCHEDU LE
(See section 2)
tl) Anthrax.
(2) Black Quarter.
(3) Bovine Contagious Pleuro-pneumonia .
(4) Contagious Abortion.
(5) Haemorrhagic Septicaemia .
(6) Rinderpest.
(7) Rabies.
A.G.P, (Leg,) No.30f48 -775+25-19-8-19 49.
Lex