LexThe Gujarat Diseases of Animals (Control) Act, 1963
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Gujarat Act No. XXVII of 1963
The Gujarat Diseases of Animals
(Control) Act, 1963
(As modified up to 31st May, 2012)
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
THE GUJARAT DISEASES OF ANIMALS (CONTROL) ACT, 1963.
CONTENTS.
PREAMBLE.
SECTIONS.
PART I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Veterinary Surgeons and Inspectors.
4. Veterinary Surgeons and Inspectors to be public servants.
PART II.
ERADICATION, PREVENTION AND CONTROL OF SCHEDULED DISEASES.
5. Eradication of diseases in certain areas.
6. Power' to prohibit or regulate import, export or transport of, holding of markets, fairs,
etc., of and traffic in infective animals, etc.
7. Establishment of quarantine stations.
8. Power to isolate infective animals and their examination.
9. Power of Veterinary Surgeons to examine animals.
10. Compensation for animals destroyed.
11. Declaration of private infected places and examination of such places by Veterinary
Surgeon.
12. Declaration of public infected places.
13. Power of Commissioner to declare infected areas.
14. Removal of animals and other things from infected area or place prohibited without
licence.
15. Power to require animals, etc., to be brought to infected areas.
16. Cleansing and disinfection of vessels and vehicles.
17. Power to require disinfection of infected premises, vessels or vehicles.
18. Power of Veterinary Surgeon to hold post mortem.
19. Duty of certain persons to report Scheduled disease.
20. Duty of person in charge to isolate infective animals.
21. Keeping or grazing infective animals prohibited.
22. Bringing of infective animals in market, etc., prohibited.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
SECTIONS.
23. Disposal of carcass of infective animals.
24. Disinterring without lawful authority carcass of animal prohibited.
25. Powers of entry and inspection.
26. Enforcement of orders and recovery of expenses,
27. Power of Inspector to decide whether or not animal is infective.
28. Penalties.
29. Penalty of placing carcass of infective animals in rivers etc.
30. Penalty for vexatious entry inspection and seizure.
31. Officers bound to assist Inspectors and Veterinary Surgeons.
32. Powers of arrest and seizure.
33. Jurisdiction of magistrate.
34. Bar of claim to compensation.
35. Delegation of powers.
36. Officers to act subject to orders of Government.
37. Protection for action taken under this Act..
38. Rules.
39. Power of State Government to add to the Schedule.
40. Repeal and savings.
SCHEDULE.
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
GUJARAT ACT NO. XXVII OF 1963. 1
[THE GUJARAT DISEASES OF ANIMALS (CONTROL) ACT, 1963.]
[20th May, 1963.]
Amended by Guj. 15 of 1964
An Act to provide for the eradication, prevention and control of
diseases affecting animals.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows: -
PART I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Diseases of Animals (Control) Act, 1963.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once. The State Government may from time
to time, by notification in the Official Gazette, direct that all or any of the remaining
provisions of this Act shall come into force in such area in respect of such scheduled
disease and on such date as may be specified in the notification and may by similar
notification direct that such provisions shall cease to be in force in any area from
such date as may be specified therein.
2. In this Act, unless the context otherwise requires,—
(a) " animal" means any domesticated animal or bird, or any animal or bird kept in
confinement;
(b) " export" means to take out of the State of Gujarat otherwise than across a
customs frontier;
(c) "import" means to bring into the State of Gujarat otherwise than across a customs
frontier ;
(d) "infective animal" means an animal which is affected with a scheduled disease or
has recently been in contact with or in close proximity to an animal so affected;
(e) "Inspector" means an Inspector appointed under section 3;
(f) "prescribed" means prescribed by rules made under section 38;
(g) "rules" means rules made under section 38;
(h) "scheduled disease" means any disease specified in the Schedule to this Act;
(i) "transport" means to remove to one place from another place within the State of
Gujarat;
(j) "Veterinary Surgeon" means a Veterinary Surgeon appointed under section 3;
3. (1) The State Government 2[ * * *] may, by notification in the Official Gazette,
appoint a person to be a Veterinary Surgeon for the purposes of this Act and may
specify the area within which he shall exercise the powers and perform the duties of a
Veterinary Surgeon under this Act.
(2) The State Government 2[ * * *] may by a similar notification in the Official
Short title, extent
and
commencement.
Definitions.
Appointment of
Veterinary
Surgeons and
Inspectors.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
Gazette, appoint a person to be an Inspector for all or any of the purposes of this Act
and specify the area within which he shall exercise the powers and perform the duties
of an Inspector under this Act.
(3) A Veterinary Surgeon, in addition to his powers as Veterinary Surgeon, may
exercise within the area for which he is appointed, all the powers of an I nspector
under this Act.
4. Every Veterinary Surgeon and every Inspector appointed under this Act shall be deemed to
be a public servant within the meaning of section 21 of the Indian Penal Code.
PART II.
ERADICATION PREVENTION AND CONTROL OP SCHEDULED DISEASES.
5. (1) The State Government, with the object of eradicating as far as practicable any
scheduled disease, may by notification in the Official Gazette —
(a) declare any local area to be an eradication area, and thereupon in such
area the class or classes of animals specified in the notification shall be
liable to be immunised in the manner described in the notification, and shall
also for the purposes of identification be marked in the prescribed manner,
and
(b) prohibit or regulate the movement of any class or classes of animals into,
or out of, or within, any local area which is for the time being declared to be
an eradication area.
(2) For the purpose of immunising any animal as provided in sub -section (1), the
Veterinary Surgeon or Inspector may by notice in writing served on any person or
published in any such local area or part thereof, in the prescribed manner, require any
person in charge of any such animal to produce it for immunisation and marking at
such time and place as shall be specified in the notice, and thereupon such person
shall comply with the requisition, and shall also give all reasonable facilities and
assistance for the carrying out of the immunisation and marking:
Provided that, on an application made by the owner, or any person having
charge of any such animal the Veterinary Surgeon or Inspector, may, for good and
sufficient reason, exempt any animal from such i mmunisation or marking and he
shall, if so requested, furnish in writing to the owner, or person in charge of such
animal, the reason for such exemption.
Explanation.— "Immunisation" for the purposes of this section means
treatment with either serum or vaccine or with both.
6. (1) The State Government 3[ * * *] may, for the purpose of preventing the outbreak
or spread of any scheduled disease by notification in the Official Gazette, prohibit,
control or regulate in such manner and to such extent as it 4[ * * *] may think fit—
(a) the import, export or transport of any animals, or their carcasses or of
any part of animals or their carcasses or of any fodder, bedding or other
thing used in connection with animals, which may, in the opinion of the
State Government 3[ * * *]carry infection, or
(b) the holding of animal markets, anima l fairs or animal exhibitions, or any
other concentration of animals in any specified area, or
(c) the sale or other dealings in, infective animals or their carcasses or any
fodder, bedding or other thing used in connection with such animals which
may, in the opinion of the State Government 3[ * * *] carry infection.
Veterinary Surgeons and
Inspectors to be public
servants. XLV of 1860.
Eradication of diseases
in certain areas.
Power to prohibit or
regulate import,
export or transport
of, holding of
markets, fairs, etc.,
of and traffic in
infective animals,
etc.
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
(2) The State Government 5[ * * *] may, by notification in the Official Gazette,
specify the season or seasons during which and the route or routes by which animals
may be imported into the State 6[ * * *] and no person shall import animals into the
State 6[ * * *] otherwise than during the season and by the route so appointed.
7. (1) The State Government 7[ * * *] may establish quarantine stations for the
inspection and detention of animals along the route appointed under sub -section (2)
of section 6.
(2) All animals inspected or detained at a quarantine station shall be liable—
(a) to be vaccinated against any scheduled disease if in the opinion of the
officer in charge of such station it is necessary so to do, and
(b) to be marked in the prescribed manner.
(3) The period of detention of animals at a quarantine station for the purpos es of
inspection, vaccination and marking shall be such as may be prescribed.
(4) Animals detained at a quarantine station shall remain under the care of the person
in their charge who shall be responsible for their feeding and upkeep and for the
payment of such fee for their vaccination and marking as may be prescribed.
(5) The officer in charge of the quarantine station shall, at the time of release of an
animal from the, station, grant in the prescribed form a permit to the person in charge
of the anim al and such person shall, while in charge of the animal, produce it
whenever required to do so by an Inspector or a Police Officer.
8. (1) Where an Inspector has reason to believe that any animal is infective he may, by
order in writing, direct the owner or person in charge of such animal to keep it 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 :
Provided that where there is no person in charge of the animal and the
owner is unknown, or where the order cannot be communicated to the owner of the
animal without undue delay or where the person in charge of the animal refuses to
comply with an order under this sub -section, the Inspector may seize the animal and
remove it to a place of isolation or segregation.
(2) The Inspector shall forthwith report to the Veterinary Surgeon every order or
seizure under sub-section (1).
9. (1) On receipt of a report under sub -section (2) of section 8, the Veterinary Surgeon
shall, as soon as practicable, examine the animal and all animals with which it has
been in contact or to which it has been in close proximity, and for this purpose may
submit any animal to any prescribed test.
(2) If after such examination the Veterinary Surgeon—
(a) is of opinion that any animal is not infective, the Inspector shall
forthwith return it to the person who, in his opinion, is entitled to its
possession or where in his opinion, such person cannot be found after
reasonable inquiry, he shall send the animal to the nearest cattle pound or
deal with it in such other manner as may be prescribed, '
(b) certifies in writing that any animal is affected with a scheduled disease,
the Inspector shall destroy the animal, or deal with it in such other manner
as may be prescribed, or
(c) certifies in writing that any animal is infective, th ough not diseased the
Establishment of
quarantine stations.
Power to isolate
infective animals
and their
examination.
Power of
Veterinary
Surgeons to
examine animals.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
animal shall be dealt with in such manner as may be prescribed.
(3) The decision of the Veterinary Surgeon whether any animal has been in contact
with or in close proximity to an animal suspected to be affected with a scheduled
disease shall be final.
10. (1) When an animal is destroyed under sub -section (2)of section 9 its owner may be
paid such compensation as determined in the prescribed manner :
Provided that no compensation shall be paid—
(i) to any person convicted of any offence punishable under this Act
committed in respect of such animal; or
(ii) in respect of any animal which, when it was imported, was affected with
a scheduled disease on account of which it was destroyed.
(2) The decision under sub -section (1) regarding the right of a person to be paid any
compensation or the amount of such compensation shall be final.
11. (1) If an Inspector has reason to believe that an infective animal is kept on any land
or in any building or other place he shall, forthwith, by order in writing, declare such
land, building or place to be an infected place. The Inspector shall deliver a copy of
the order to the owner, occupier or person in charge of the infected place and report
his action to the Veterinary Surgeon.
(2) On receipt of a report under sub-section (1), the Veterinary Surgeon shall, as soon
as practicable examine the infected pla ce and the animals kept therein. After such
examination, he shall either confirm or cancel the order passed by the Inspector.
(3) If the Veterinary Surgeon confirms the order passed by the Inspector, he may
declare all places in which animals are kept, te mporarily or otherwise, within a radius
not exceeding one mile from the infected place, to be infected places. The Veterinary
Surgeon shall give a written notice of such declaration to the owners, occupiers or
persons in charge of such places. The Veterina ry Surgeon shall thereafter report the
action taken by him under this section to the prescribed authority.
(4) If the Veterinary Surgeon cancels the order passed by the Inspector, the place
specified in such order shall cease to be an infected place and t he Inspector shall give
notice accordingly to the owner, occupier or person in charge of such place.
(5) Nothing in the foregoing provisions of this section shall apply to any place which
is owned by or is under the control or management of, any local aut hority or a
railway administration and in which animals are kept temporarily for purposes of sale
or exhibition or while in transit.
12. (1) Where the Veterinary Surgeon has reason to believe that infective animal is or has
been kept in any place which is owned by or is under the control or management of
any local authority or railway administration or a port authority and in which animals
are kept temporarily for purposes of sale, or exhibition or while in transit, h e may, by
order in writing, declare such place to be an infected place.
(2) The Veterinary Surgeon shall—
(a) cause a copy of the order passed by him under sub -section (1) to be
exhibited prominently in the infected place in the regional language of the
locality;
(b) cause a copy of such order to be delivered at the office of the local
authority or to the station master of the nearest railway station or to the
Compensation for
animals destroyed.
Declaration of
private infected
places and
examination of such
places by
Veterinary Surgeon.
Declaration of
public infected
places.
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
Officer in charge of the port or in charge of a shipping office at such port, as
the case may be;
(c) cause a copy of such order to be sent to the nearest police station; and
(d) forthwith report the action taken by him to the prescribed authority.
13. (1) On receipt of a report under sub -section (3) of section 11 or sub -section (2) of
section 12, the prescribed authority shall after making such further inquiry as it thinks
fit, submit such report with its remarks thereon, to the 8[ State Government]
(2) The 9[State Government] on receipt of the report may—
(a) confirm the declaration made under sub -section (1) or (3) of section 11
or sub-section (1) of section 12 either with or without modification; or
(b) cancel any such declaration-
(3) Where the 10[State Government] confirms any such declaration, either with or
without modification, 11[it shall], by a notification in the Official Gazette, define the
limits of the area to which the declaration, with the modifications, if any, made
therein, shall apply and declare such area to be an infected area.
(4) The 12[State Government] may by notification in the Official Gazette add to,
amend vary or rescind any notification published under sub -section (3) either 13[on
its, own, motion] or on a further report of the Veterinary Surgeon 13[submitted to it]
through the prescribed authority.
(5) On publication of a notification under sub -section (3) or (4), any place declared
by the Inspector or the Veterinary Surgeon to be an infected place and not included in
the infected area as define d in such notification shall cease to be an infected place
and the Inspector shall give notice accordingly to the owner, occupier or person in
charge of such place.
(6) The Inspector shall cause to be exhibited in some prominent place in the infected
area and in the regional language thereof a copy of the notification issued under sub -
section (3) or (4).
(7) Where the 14[State Government] cancels any declaration referred to in sub -section
(2), any place specified in such declaration shall cease to be an infected place and -
the Inspector shall give notice accordingly to all persons to whom copies of such
declaration were delivered or on whom notices of such declaration were served.
14. (1) Where any area or place has been declared to be an infected area or place under
the foregoing provisions, no person shall, while such a declaration remains in force,
remove any infected animal, alive or dead, or any part of an animal or any food,
bedding or other thing used in connection with an animal, save in accordance with
the conditions of a licence granted by the Inspector.
(2) Nothing contained in sub -section (1) shall apply to the carriage by a railway of
any animal or thing referred to in that sub-section through an infected area or place :
Provided that where any such animal or thing while in transit through an
infected area or place is unloaded therein, it shall not be removed therefrom save in
accordance with the provisions of sub-section (1).
15. Where any animal or thing referred to in section 14 is removed from an infected area or
place otherwise than in accordance with the conditions of a licence granted under section 14,
any Inspector or Police Officer may require the owner or person in charge of such animal or
thing to take it back to such area or place :
Power of
Commissioner to
declare infected
areas.
Removal of animals
and other things
from infected area
or place prohibited
without licence.
Power to require
animals, etc., to be
brought to infected
areas.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
Provided that nothing in this section shall affect the powers of an Inspector under
section 8 to deal with infective animals.
16. (1) Every vessel or vehicle used by a common carrier for the transport of animals
shall be cleansed and disinfected by him at such periods and in such manner as may
be prescribed.
(2) Any person in charge of such vessel or vehicle shall, when required to do so by an
Inspector, cause it to be taken to such place as the Inspector may direct and to be kept
stationary for so long as may reasonably be necessary for the purpose of enabling the
Inspector to inspect it. The Inspector may, after such inspection, if in his opinion the
vessel or vehicle is not in a sanitary condition, require it to be cleansed and
disinfected in the prescribed manner.
(3) Nothing in this section shall apply to the rolling stock of any railway.
17. Subject to the rules the Veterinary Surgeon may by order in writing, require the owner,
occupier or person in charge of any land, building, or other place or of any vessel or vehicle in
which an infective animal has been kept to have such land, building, place, vessel or vehicle
disinfected, and the internal fittings thereof and other things found therein or ne ar thereto to be
disinfected or destroyed in, such manner and to such extent as may be specified in the order.
18. Subject to the rules the Veterinary Surgeon may make or cause to be made a post -mortem
examination of any animal which at the time of its death was infective or is suspected to have
been infective, and for this purpose he may cause the carcass of such animal to be exhumed.
19. Every owner or person in charge of, and every Veterinary practitioner who has been called
to treat, an animal which he has reason to believe to be affected with a scheduled disease shall
forthwith report the fact to the Inspector having jurisdiction in the area.
20. Every owner or person in charge of an animal which he has reason to believe to be
affected with a scheduled disease shall keep it in an enclosed space separate from animals not
so affected.
Explanation.—"Enclosed space" for the purposes of this section means any place,
enclosed in such manner, and situated at such distance, as effectively to prevent any animal
affected with a scheduled disease from coming into contact with any animal not so affected.
21. No person shall keep or graze in open or unenclosed land to which other persons have a
right of access for their animals, any animal which he knows to be infective.
22. No person shall bring or attempt to bring into any market, fair, exhibition or other
concentration of animals, any animal which he knows to be infective.
23. No carcass or part of the carcass of any animal which at the time of its death was infective
or which was destroyed on account of its being infective or suspected to be infective shall be
disposed of except by burning or burying in the prescribed manner or by placing in the sea
beyond the prescribed distance from the shore.
24. No person shall without lawful authority disinter or cause to be disinterred the carcass or
any part of the carcass of any animal which, at the time of its death was infective or which was
destroyed on account of its being infective or suspected to be infective.
25. Subject to the rules an Inspector may enter upon and inspect any land, building or other
place or any vessel or vehicle for the purpose of exercising the powers and performing the
duties conferred or imposed on him by or under this Act.
26. (1) Whereby any notice, requisition, or order made under this Act or under any rule
or notification issued thereunder, any person is required to take any measures or to do
Cleansing and
disinfection of
vessels and
vehicles.
Power to require
disinfection of
infected premises,
vessels or vehicles.
Power of
Veterinary Surgeon
to hold postmortem.
Duty of certain
persons to report
scheduled disease.
Duty of person in
charge to isolate
infective animals.
Keeping or grazing
infective animals
prohibited.
Bringing of infective
animals in market, etc.,
prohibited,
Disposal of carcass
of infective
animals.
Disinterring without
lawful authority
carcass of animal
prohibited.
Powers of entry and
inspection.
Enforcement of
orders and recovery
of expenses.
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
anything in respect of any property owned or occu pied by him or in his charge, a
reasonable time shall be specified in such notice, requisition or order within which
such measures shall be taken or such things shall be done.
(2) If such measures are not taken or such thing is not done within the time so
specified, the authority issuing the notice, requisition or order may cause the
measures to be taken or the thing to be done at the cost of the person required to take
the measures or to do the thing.
(3) The cost of any measures taken or thing done under sub -section (2) shall be
recoverable from the person concerned in the manner provided by the Code of
Criminal Procedure, 1898, for the recovery of fines imposed by a C ourt as if such
cost were a fine imposed by a Court.
27. If any question arises under this Act whether or not an animal is an infective animal, the
question shall be decided by the Veterinary Surgeon and his decision shall be final.
28. Whoever—
(i) fails to comply with or contravenes the terms of any notification issued under
section 5, or fails to carry out any requisition made, or direction given, by or under
the said section, or
(ii) fails to carry out any direction specified in, or contravenes the terms of, any
notification issued under section 6 or imports any animal in contravention of the
provisions of sub-section (2) thereof, or
(iii) fails to feed or look after the upk eep of the animal under sub -section (4) of
section 7 or fails to produce the permit under sub-section (5) thereof, or
(iv) fails to comply with an order made by an Inspector under sub -section (1) of
section 8, or
(v) removes any animal or thing from an infected area or place in contravention of
the provisions of section 14, or
(vi) fails to comply with any direction given by an Inspector or a Police Officer under
section 15, or
(vii) fails to cleanse or disinfect any vessel, or vehicle used for removing animals in
the manner prescribed as required under sub -section (1), or fails to cause any vessel
or vehicle to keep stationary when required to do ' so under sub-section (2), of section
16, or
(viii) fails to comply with an order made by a Veterinary Surgeon under section 17,
or
(ix) fails to report that an animal is infective as required by section 19, or
(x) fails to keep any animal separately as required by section 20, or
(xi) keeps or grazes any animal which he knows to be infective in contravention of
the provisions of section 21, or
(xii) brings or attempts to bring any animal which he knows to be infective in
contravention of the provisions of section 22, or
(xiii) disinters or causes to be disinterred the carcass or any part of the carcass of any
animal which at the time of its death was infective or was destroyed on account of its
being infective or suspected to be infective in contravention of the provisions of
V of 1898.
Power of Inspector
to decide whether
or not animal is
infective.
Penalties.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
section 24.
shall, on conviction, be punished in the case of a first conviction with fine which may
extend to one hundred rupees, and in the case of a second or subsequent conviction
whether under the same or any other clause of this section with simple imprisonment
for a term which may extend to three months or with fine which may extend to five
hundred rupees, or with both.
29. Whoever places or causes or permits to be placed in any river, lake, canal o r other water or
in the sea within such distance from the shore, as may be prescribed the carcass or any part of
the carcass of any animal which at the time of its death was infected or which was destroyed
on account of its being infective or suspected to be infective, in contravention of the
provisions of section 23 shall, on conviction, be punished, in the case of a first conviction with
imprisonment for a term which may extend to six months or with fine which may extend to
one hundred rupees or with both , and in the case of a subsequent conviction with
imprisonment for a term which may extend to six months or with fine which may extend to
five hundred rupees or with both.
30. (1) Whoever, being an Insp ector or a Veterinary Surgeon, appointed under this Act,
vexatiously and unnecessarily enters or inspects any land, building or other place or
any vessel or vehicle or seizes or detains any animal shall, on conviction, be punished
with imprisonment for a t erm which may extend to six months or with fine which
may extend to five hundred rupees or with both.
(2) No prosecution under this section shall be instituted after the expiry of three
months from the date on which the offence has been committed.
31. All village officers and all officers of the revenue, agriculture and veterinary departments
shall be bound—
(a) to give immediate information to the Veterinary Surgeon and Inspector having
jurisdiction in the area regarding the prevalence of a scheduled disease among
animals in the area,
(b) to take all necessary measures to prevent the spread of disease, and (c) to assist
the Veterinary Surgeon and Inspector to carry out the provisions of this Act.
32. (1) Any police officer, not below the rank of sub -Inspector, may, without an order
from a Magistrate and without a warrant, arrest any person for whose arrest a
requisition has been received from an Inspector or a Veterinary Surgeon, provided
that the requisition specifies the person to be arrested and the offence which such
person is alleged to have committed under this Act.
(2) Such Police Officer may seize any animal in respect of which an offence is
alleged to have been committed and shall without delay obtain the orders of a judicial
Magistrate for its custody.
33. No Magistrate, other than a Magistrate of the First Class shall try any offence punishable
under this Act.
34. No person shall except as provided for in section 10 be entitled to any compen sation on
account of the destruction of any animal or thing under provisions of this Act, or of any loss,
injury or inconvenience caused to him by reason of anything lawfully done under this Act.
35. The State Government may, by notification in the Official Gazette and subject to such
conditions, if any, as may be specified, in the notification, authorise any officer or authority
subordinate to the State Government to exercise all or any of the powers conferred on the
State Government by or under this Act.
Penalty of placing
carcass of infective
animals in river,
etc.
Penalty for
vexations entry,
inspection and
seizure.
Officers bound to
assist Inspectors
and Veterinary
Surgeons.
Powers of arrest
and seizure.
Jurisdiction of
Magistrate.
Bar of claim to
compensation.
Delegation of
powers.
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
36. All officers shall exercise the powers and perform the duties conferred and imposed on
them by or under this Act, in accordance with such orde rs, not inconsistent with the provisions
of this Act, as the State Government may from time to time make.
37. No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done under this Act or the rules made under this
Act.
38. (1) The State Government may, subject to the condition of previous publication, by
notification in the Official Gazette, make rules for the purpose of carry ing into effect
the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision,
such rules may be made for all or any of the following matters, namely:-
(i) the manner of disinfection of land, building or other place or vessel or
vehicle and the destruction of fittings and other things and the exercise of
powers by the Veterinary Surgeon under section 17;
(ii) making post -mortem examinations and the circumstances and the
manner in which post-mortem examinations under section 18 may be made;
(iii) regulating the powers of an inspector under section 25;
(iv) any other matter expressly required or allowed by this Act to be
prescribed by rules.
(3) In making a rule under sub -section (1) or sub-section (2), the State Government
may provide that a breach thereof shall be punishable with fine which may extend in
the case of a first conviction to fifty rupees and in the case of a second or subsequent
conviction to one hundred rupees.
(4) All rules made under th is section shall be laid for not less than thirty days before
the State Legislature as soon as possible after they are made, and shall be subject to
rescission by the State Legislature, or to such modifications as the State Legislature
may make, during the session in which they are so laid, or the session immediately
following;
(5) Any rescission or modifications so made by the State Legislature shall be
published in the Official Gazette and shall thereupon take effect.
39. The State Government may, by notification in the Official Gazette add to the Schedule any
other disease affecting animals and, on the issue of such notification, the Schedule shall be
deemed to have been amended accordingly.
40. On the commencement of this Act the following laws, that is to say
(a) the Bombay Animal Contagious Diseases (Control) Act, 1948, and
(b) the Bombay Animal Contagious Diseases (Control) Act, 1948 in its application to
the Kutch area of the State of Gujarat,
shall stand repealed:
Provided that, such repeal shall not—
(1) (i) affect the previous operation of any law so repealed or anything duly
done or suffered thereunder;
(ii) affect any right, privilege, obligation or liability acquired, accrued or
Officers to act
subject to orders of
Government.
Protection for
action taken under
this Act.
Rules.
Power of State
Government to add
to the Schedule.
Repeal and savings.
Bom. LIX of 1948.
Bom LIX of 1948.
1963 : Guj. XXVII ] Gujarat Diseases of Animals (Control) Act, 1963.
incurred under any law so repealed;
(iii) affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against any law so repealed, or
(iv) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment
as aforesaid;
(2) and that any such investigation, legal proceeding or remedy may be continued,
instituted or enforced and any such penalty, forfeiture and punishment may be
imposed, as if the aforesaid laws had not been repealed:
Provided further that, subject to the preceding proviso, anything done or any
action taken under any s uch law, including any notification, order, notice or receipt
issued or declaration made, shall in so far as it is not inconsistent with the provisions
of this Act, be deemed to have been done taken, issued or made under the
corresponding provisions of thi s Act, and shall continue in force accordingly, unless
and until superseded by anything done or any action taken, under this Act.
SCHEDULE
[ See section 2 (h) ]
1. Rinderpest or cattle plague.
2. Foot and Mouth Disease.
3. Hoemorrhagic Septicaemia.
4. Blackquarter.
5. Anthrax.
6. Tuberculosis.
7. Johne's Disease.
8. Babies.
9. South African Horse Sickness.
-----------------
[1963 : Guj. XXVII Gujarat Diseases of Animals (Control) Act, 1963.
1 For Statement of Objects and Reasons, See Gujarat Government Gazette, Part V, dated the 25th
January 1963, p. 15.
This Act was assented to by the Governor on the 15th May, 1963.
2 The words " or the commissioner in his div ision" were deleted by Guj. 5 of 1964, S. 4, 1.
3 The words “ or the Commissioner in his division” and “or commissioner” were dated by Guj. 15 of
1964, s.4.
4 The words “ or he” were deleted, by Guj. 15 of 1964, s.4, Sch. 2(a) (ii).
5 The words “ or commissioner” were deleted, by Guj. 15 of 1964, S. 4, Sch. 2(b)(i).
6 The words “or, as the case may be, into the division” were deleted, by Guj. 15 of 1964, s.4, Sch.
2(b)(ii).
7 The words “or the Commissioner in his division” were deleted, by Guj. 15 of 1964, S.4, Sch. 3.
8 These words were substituted for the words "Commissioner of the division" by Guj. 15 of 964, s.4,
Sch. 4(a).
9 These words were substituted for the word “Commissioner” by Guj. 15 of 1964, S.4, Sch. 4(b).
10 These words were substituted for the word “Commissioner”, by Guj. 15 of 1964, s.4, Sch. 4(c)(i).
11 These words were substituted for the words “he shall”, by Guj. 15 of 1964, s.4, sch. 4(c)(ii).
12 These words were substituted for the word “Commissioner”, by Guj. 15 of 1964, s.4, Sch, 4(d) (i).
13 These words were substituted for the words “on his own motion” and “submitted to him” respectively,
by Guj. 15 of 1964, s.4. Sch. 4(d)(ii).
14 These words were substituted for the word “Commissioner”, by Guj. 15 of 1964, s.4, Sch. 4(e).