LexThe Punjab Livestock and Birds Diseases Act 1948
Haryana · state statute
Open in Lexace · Ask the AI about this act1948 : EAST h. ACT 4q LIVESTOCK AND BIRDS' UISEASES 155
'THE PUNJAB LIVESTOCK AND BIRDS'
DISEASES ACT, 1948.
EAST FUNJAB ACT NO. 47 OF 1948.
f* .
I [Received the osscnt nf His Excellency the Gs-verr10r on the
ljiit ~ovember, i948, and ~uosfirsrptibiished i~r 1i1e Easr Plirrjab
Goventnlerlr Gazerie (firr~u~dilurry), alNfi~lc~~nber 20, 1948. J
1 --
Year
The P~~jzh livestcc!:l .A>cnded ir! p~m- by Uw .Adaplaicn
and Sirils' Diszascs of Laws : :rdci. 1950.
Act, 1948 Exkndcd ro rhc rc~icories which
I imrnedialcly hefore Jsr Nnvcmber
( 1956, FciC cornprircd i, thc Slm
1 of Patiala and Cast Puniab Sta:cs
( Union by Punjab ACI 5 or 195g2
2
No.
1 For Siatemen~ of Objecrs and Rcasons, see East Punjob Government Gazette
[Ex~ra~rdLiar~j. 192E. pi~gt: 262. Fur lile Sciccr Ci~~r~rl~i~~c'r; Rcport, hec:
F--- ~,.-;~k G .,..---.- a P .,.... vt.. lpA@ 1,.,+r < p-? .- @ 1'2 TLr .,r~-- CL\L I urll~., UYLI IIII.L~& UULL~LC. .,+v. nu I -. ,L&L., "-I". . ... I-.-J~bC~d.rb~ 110
~hc ~Zsscmbl y. scc East Punjab Leg islalive Assembly Dcbares. 1948, Volumc 2.
pligss E7G ~r~il 925-;1) and Vo!c!i~c 3, 1946, pa=es 3%- 2%.
3 4 -
Short litle 4~hcr ripe=led or otherwise
affcc~rd by legistarion ---
2 For Sratcmen[ of nhjects and Reasons, sue Punjab Government Gaze~te
(Ex~anrdinary), 1958, page 1987.
3 For Statrmenr of Objecrs and Reasons, see Punjab Governmcnt Garerre
~x~20:d:~xT,t~ 195 1. n-m- yhe- ! '+T3.
1 For S~i~tcrneni WE Objsuls and Reasons, see Punjab Govcmment Gazcitc
(Eakaordinnry), 1964, pages 935-937.
5 Scc Haryana Govemmcnl Ga~ele (Exiraordinaly), datcd ~11e 29rh OC~O~I..
1968, page 53 1-567.
1.56 LIVESTOCK AND BIRDS' DISEASES [I 948 : EAST PB. ACT 47
An Act to provide for the prevention and control of
- '[diseases affecting live stock and birds]
Whereas it is expedient to provide for the prevention and control of
'[diseases affecting livestock and birds]; jt is hereby enacted as ',
fo~lows :-
Short ~itle. ex- 1. *[(l) This Act may be called the Punjab Livestock and Birds'
LGIIL Diseases ACC, 1448.1
cornencement.
(2) It extends to the whole of, the 'IS tate] of '[Haryana].
'((3) This section shall come into force at once in the principal
territories and the State Government may hy notification bring the rest
af the Act; or any part of it: in to force therein or in any area thereof on
such date and for such period as may be specified in [he notification, and
i;; :rgL;fc'zrFcd ;er:itG~es :his hc; sh-!! cc,ye ic!= fEFZe c~ :he 27th
Janu'uy, 1959.1
hwer 10 exernpl 2- ;"*'oti-;i;hsraz&i;;5 --. .*L:-- ---+-;..-A ;----k:-- I th- br +-+-I
'I111 1111115 LVI'ILIIIIb" lIIJb~lIVl1 L . Lllb LSILILCIJ
areas frum the Cjovcxxent may by fiotificztior. exsmpt zn mn from any or a!! of the
nrr.~i~i~jns 13f - - . --. .. . 1~1.:- - . . =-- ~IUVJ>IUII> cu 11113 AL~, ui &ILL~ ikioi iij pi~-\ iii"ii i.if this Aci ihdl
his Acl. in any rwa wilh s~rch mod; ficntions as may he x;~ecificd.
Defini~ions. 3. In this Act, unless there is anything repugnant in rhe subject or
context :-
'[(a) 'livestock' means all domesticated animals maintained on
farms or by individuals including horses, donkeys, mules,
e.!e.phmts. ratt!~, buffa!ne.s, jooats. sheep, dogs, cats nr such
pth~r animaIs a.5 may frr?~?? t!~*.e !0 time )?? specified hy the
Statc Govcmrncni by notification ;
1 Subsdtu~d lor he words "conlagious discases affecting animals" by Punjab
Act 33 of 1961. scction 2.
2 Substinrted fur old sub-section (I) by ibid.
3 Substiruted fur the word "Ruvince" by rhz Adaptalion nf Laws Order, 1350.
4 nhs!i!!![cd !;J!. !he wrjc~! "P!tuj!,irI>". !he Hnryan? A&!>tarinn ni-1 Rut< n~di.r,
1968.
5 Old sub-scclion (3) of section 1 subsriruted by the Haryana Adaptation of
Laws Order. 1968.
6 Substituted for [he word "Provincial" by the Adapta~ion of Laws Order. 1950.
7 Subsliluted for old clause (a) by Punjab Act 33 of 1961, secrion 5.
1948 : E~sr PB. ACT 471 LIVESTOCK AND BIRDS- DISEASES 157
(aa) 'bird' means a domesucafed fowl, goose or chick, and includes
such other bird as may from time to time be specified by the
Slate Gover~nent by notification ;
(A) 'an infective' '[livestock ar birds'j is onc which is affcc~ed
with a schcduied disease or has recently been in contact with
or in close proximity to '[livestock or bird] so affected ;
(c] 'ptcscri bed' means prescribed by regulations or mIes made
under this Act;
(d) 'schcdulcd 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 Schcdulcd dis-
Lhe first instance be scheduled diseases for the pupse of this Act, but eaSCS-
the. =[Sra!ej Govern menr may, by notif icrttion -
id) delece =)i efiiij fro= the Schedule, Gi
(b) include in rhe Schedule any communicable diseasc of
LII~vesroclr ur birds] rr, which it is expendlent in thejr oninion
that thc provisions of [his Act should apply.
(?) The '[sk~r~e! ~Q~~~~P~! ;r;?v ~ithrr hv camr ni-rlEqi2n;ltian xvr,.r:rrinn;y ... d - - -
appoint any pzrson holding the office nf Ireterinq) Assistant or Veterinuy Surgeons.
. - &sisrsn; S:jr~c;z, .;r L-,,:. Er;.4sn:c =f 3 TecG;;c;ze:! b.y~~~j !: vw nnll+ne
"2 -""- 3-
sv bcm *ey think fit t~ be a veterinary Surgeon fnr the purposes of this
Act. and 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 an
Inspzctoi tinder ;his Act, and may c~ercisc such powcrs concuncntly
w~ih hls powers as Vcrcri~lary Surgeon.
5. The "IS:ate] Government may cither Fy nms or designation InspcclDrs.
appoint any person it thinks fit to be an Inspector for any or all of the
purposes of this Act, and may define the xca within which hc shall
excrcise the powers and perform the dutics i~cidentnl to such
purposes.
1. Subi~;:u~ed far thi -iiord:i "a2im;l" an?, "an a-:rial" . by Punjst ALL 23 of
1961, scclion 4.
2. Substitured for che word "Provincial" by the Adaptation of Laws Order. 1950.
158 LIVESTOCK AND BIRDS' DISEASES [I948 : EAST RR. ACT 47
Starus of Veteri- 7. Any person appointed under section 5 or section 6 shall be
nary deemed to be a pubIic servant within the meaning of section 21 of the
and Inspectors. Indian Penal Code.
Power of In- 8. An Lnspcctor may, subject to any rules made in this behalf by the
sptctors. '[State] Government, enter and inspect any land or building or other place ',
"1- aiiy vessel oi vehick, for ;he PUQCISZ 6: c~~rcisijig ihz powers ~f
performing the duties conferred and imposed on him by or under this Acr.
Powcr ro regu-
late inter-State
trade and to
cur~~rui trii~ls-
port of an~inals
.?nd things
... LT^L
WIIL~I~ iiiiij'
sprcad dimes.
CHAPTER IJ - TEE CONTROL OF DISEASE
9. (1) '1 he '[State] Government for the purpose of preven~ing rne
outbreak or sprcad of any schcdulcd discase, may, by notification prohibit
or rzgulate in such manner and to such cxtcnt as they may think fit -
(a) thc Sri~giiig or raking in:r; rhc '[S tarc] of 3Kaq1ana] or
any specified pl zre the.rein or any .'[livestock or. birds!
aii~t: UI dead ul' uf iirly palis irf 'fli~c~iui.k Oi bii'd~j Oi- 0;
z7y hnd off- "GULL, I-'-- bzdding or ~thci :hing which mq,
in their opinion, carry infection;
(bj tlle ie:llcq:;;l hrn any specified pnad ~h:: ?[S!aiej of
>r~l~-.~-~ Lnruyuus] nf ;ifiy jii~h piiris ijf dzi~~siiii;k GI. bi~&<,S;, fii
rhrngs.
(3) ihc iS ra~c] Gcv~,minc~ir !~:ay, by norificar.lo:l, specify 1i1c
%,-a:;on =r swsnns du~ing which ~nd the I!!!:!:: fir rmtes hy iv!?IcI! J!!1-.r~5!xk
or birusj may be irnpr-ted lnro the u[S 1a~e:ej and no person shall impon
2[iivestockor bircisj into \he '[Statcj ot'ienvise than during tine season and
by :hc ro.oii:c so zppointzd.
(3) The IrState] Go?lemment may establish quarantine stations
h the ilispcction and dctention of such 5[livestock or b~rds] along the
mure appuinled under sub-secLion (2).
(3) The period of detention of S[livesrock or birds 1 ar a qual-tine
starion fc'cr !he purpuse or ina?ection, vaccination. if ilecrssar-y, marking
and issuing of a permit for the release or 5[livestock or bi~~ds] iron1 the
station shall be such as may be prescribed by the '[State] Government.
1. Substilured for hc \r0rlrd "'Provincial" by ~hc Adaplalion of Laws O~dcr, 1950.
2. Subsrituted by Adaptation of Laws Ordcr, 1950, for "'Province."
;, Sii;siiiiii& hiir ihe .*.iii: ";'"ii,iib'' b, ;kc :Idi rul.k XL;i.pa;ioi; "f :,n.G; C;bs;,
1968.
4. ~lh;!ihrled by hnjeh Ac! 33 of 1961, SCC~~I?~ 4,
5. Suhstilutcd for the word "'Anirn;ils" by Punjab Act 33 of 1961. section 4.
6. Substiluted for "Province" by Adaplalion of Laws Order. 1950.
1948 : EAST PEI. ACT 4q LIVESTOCK AND BIIIDS' DISEASES 159
(5) The '[livestock or birds] so delained shall remain under the
care of tine person incltal-ge who snaii bc tcsporlsi ble for their reeding md
unkeep and for the payment of fee for their vaccination and marking as
, mny he prcscri'md ky :he '[Statcj (30vc.mmcn!.
t
16. The Z[State] Goverrlmenl, for the purpose of preventing the
outbreak or spread of any scheduled chsease, may, by notification, prohibit
or regulate, in such manner and to such exrenl as it may think fit, the
I~oidng or'jolarkeis, lait s: cxhibi lions rrr (I! her concen~~:~iiir~ns of livcsrcck
or birds] in any specific arca.
1 1- The 'l,rz!ej ~~~*ts,mmera~ m2.r , hw "*. rnmuI.lt;nn IYS,ALuuull ---L;G* pv=U"xC 9- I I;-;+ IIIJJIL
the sale of or other traffic in infective [livestock w birds], or in lhc
carcasses of '[livestock or birds] which at he time of their death wcre
infective or in any parts of such ' [livestock or birds], or litter, feeding
utensils or orher things which may carry infection.
12. (I) Evc~~ vessels or vehicle used by a common carrier for the
transpait of '[lii:cstock or l! l rds j sh ;I ll he c!ea:rs~d 2nd disin rcr_:!rrl
periodically in slxh manner as the '[Sta!e] Government may hjr
regiilations prescribe.
(2) The 2[Statcl Sovcmment ma: a~pnint places, where an
1nspe.c~w may dc!air? xnd inspxt my s~rh vessel or vehic!e and, if it is
not in a sanitar- condition, the Inspector may requirc it to be cleansed
and disiilfecied in the manner prescribed witilin such time as he may
appoint.
(3) IC such vessel nr velicles is rwt su cltt.ansed and disinfected
wirhin !he zpkwlnted the the Insp~or xay cause it to he cleansed and
disinficted at the expense of its owner.
(4) This section shalI nor apply to the rolling stock of any
railway or any aircraft.
13. Every owner or person in charge of, every person bringing in to
the 'IS !;ire] of 'byanal and every veterinary practitioner who has bccn
called to treat, a ' fli vestock or bird] which he has reason to believe 10 be
1. Substituted for [he word "animals" or "animal" by he Punjab Act 33 of 1961,
seclion 4.
2. Subsriruted fnr Ihe wurd "Provinci;!l" by he Adaptation of Laws Ordcr, 1950.
3. Subsri~utd Tor the words "animal rnarkct~, animal fairs, animal exhibidans or
- other concenlrarions of animals" by Punjab Act 33 of 1961, section 6.
4. Subsri~ured by Adaptation ofLaws Order, 1350, for "Province".
5. Substituted For he word "Punjab by [he Adaprarion of Laws Order. 1968.
Power Lo cun-
tml he holding
of markets.
fairs, cic.
?nl'.'=r 12 C3::
rral traific in
infective '[live
stock or birds].
Cleansing and
disint'tiilcn of
vesszls and vc-
I. .
I1IC:cS.
Dur:: of certain
pcrsons lo rc-
port scheduled
diseases.
160 LIVESTOCK AND BIRDS' DISEASES [I948 : EAST PB. ACT 47
Power of Vet-
erinmy Surgeon
to hold posl-
mortem.
T;;;.c; ;o isolatr:
inlecrive ani-
mals.
Examineticr!
by (he Veteri-
nary Surgeon.
Action arrcr cx-
ilminarion by
the Veterinary
Surgcon.
infective shdl forth with report the facr to rhe Inspec tor exercising powers
in the area-
14. Subject to such rules as may he made in this behalf by the '[State]
Government, the Veterinary Surgeon may make or cause to be made a
post-mortem examination of ~ivcstock or bird] which at the time of its
dcclth was i~f~crjve, or. is suspcctcd to have heen then infective 2nd for
this purpose he may cause the carcass of any such 2[livestock or bird] to
be exhumed.
15. (I) IVherc 3~ II?sP~c~c)~ has TCXOI-I to believe =y 'l]ivestock
or bird] is infeclive be may, by order in writing, &ecl the owner or
person in charge of such Z[livest~k or bird) to keep it where it is for the
time being or tn remove it or allow it to hc rcrnoved to such place of
isolation or segregation and within such period as may b:: specified in
the order :
Provided th~t .;;here tk,e:e is no persc:: i3 chqe of the 2[livestcck
or bird], and tile owner is u~lhown or tihe orcier cannot be comnlunnicated
to him ~vithoi~t unduc dshy or the. person in charge nf rhe Z[livestnck or
bkcj 75fc~cs !g do gr&red zho~:e the In~rr~ct~r m2.1 EAVP the ~[IHV~S~X~ r - J --'-- ---
or bird] and remove it ro a place nf isolation or segregation.
(2) T~c hs~ct~i shall f~rlhwilI1 XpoiL Cvcq <>i;?cr a!' seizure
under. ili i s section to d~e 'Yeiei-inaq Surgeon.
16. On receipt of a report under sub-section (2) of section 15 the
Veterinary Surgeon shall exanline the 2[livestock or bird] as soon as
possible and may also examine all Z[ljvestock or bird] which it has been
in contact wilh or in close proximity to, and for this purpose may submit
any '[livestock or bird1 to any test which the '[State] Government may
by reguiaiions vrescribr. in ii~is behaif.
17. (1) If, after such cxamjnarion the Vctcrinary Sur~eon is of
opinion ihai any '[I i vesiu~k or. bird] is not it~fcciive, the Inspecioi shall
iortwj th return it to the person who in his opinion is entitled to possession
of :
Provided that where such person cannor without undue . . :-..,.-,.*-:.7-m.-. L,. I",..,-; *L3 75"-.*PtA,. pl,mll .-a*- *+..% ~rl;,,fio?**L m-k;,-A;
IIILUII *C.ILIL.IICICI wb LUU:IU, %&KC. L~I~~C~LUI JAAUII OUIIU CI*~ L.4 r caLuun ufi v~~uj
1. Subr;iio;<ii Lor the word "Provlnci~:" by the Adapiadijl; of laws Order, 195C.
2. Subsritured for the ~crd ,"Animal" by Punjab Act 33 of 1361.
1948 : EAST PB. ACT 4n LIVESTOCK AND BIRDS' DISEASES 16 1
to the nearest cattle pound, or deal with it in such other manner as the
'[State] Government may by rules prescribe in this behalf.
(2) If, after such~examinaiion, ihc Veterinary Surgcon certifies
in writing that any ?Diveslock or bird: is affccted wid1 a scheduied disease,
deal with it in such other manner as the 3(State] Government may by rules
prescribe in this behalf.
(.?} If, after such examination, the Veterinary Surgeon cenifies
that the 2[livestock or bird) is infective though not diseased. the 'Ilivestcrk
us biraj shall be dealt within such manner as the 3[St'ate] Government
may, by rulc, prescribe in this behdf.
18. Ccmpciisaiion Irlay be paid m thc: owner of 2 '[livestock nr bird]
if dr.stroyed under section 17, and such compensation shdl bz determined
accordan~e wih rules to be made in this behalf by the 3[S2.re-! Gfi?rzn=:ec:
- ....,
- (ij- - .zc cq~~~~aiiori shali he paid to any per;~~- convIc:cd of
.. . - - - - . . ,
any uFit:~ice punisniltie under this tcr, comitted in resped
of such '~iiiestuck or bird] ;
(ii) no compensation shall be paid in re.spect of zny '[livest~~ck
m bird! \vl;hi,;h w:,,:-!! ii ??rzc b:oGSh: i~; :.e ili= c~~~2rGi of ,
'maria], was dfected with the disezsson accocnt of ;;.hich
it was destroyed.
19. (1) Subject to rules to be made in this behalf by the 3[State]
Govcmment. t lie veterinary Surgeon may, by order in writing, requirc
(he nwner: cccupie: or yerso:? ia cllagc nr' any biliiding, yard, vcse! cr
vehicie ir? \vhicI-! !!-ICY: hss hzca ail Inrccii ve j jivcstock or bird j to havc
such building, yrud vessel or vchicle disinfecred, acd the internal Pizings
i'ncreol and c!her things fand iher-ein or near tincrcto be disinfected or
destroyed in such manner and to such extent as may be specified in the
order.
(2) Subject its aforesaid, if such owner, occupier or person fails
ro cumpi y with rh;. m?l~irl;!neci of ~rch fiyder =iilii II a reasonahie time,
Curnpensa~ion
for 'Llivestock
or bird] dc-
stroyed.
Power to re-
quire disinicc-
tion or i~liici<d
--A
!,. uxiK.5 vch-
scls or vchiclcs.
I. Subsrjtured for he word "Local" by [he Punjab Acf 33 of 1961 : section 7.
2. Subst~~uled by Punjab Acr 33 of 196 t, scc~ion 4.
3. Su bsrituted for the word "Provincial" by he Adaptation of Laws Order, 1950.
4. Subs~itt~led for the word "Punjab" by the Adaptalion of Laws Ordcr, L968.
5. Subsliru[ed fr~r \he word "Province" by rht Adaptalion of Laws Order, 1950.
162 LlVESTOCK AND 8mS' DISEASES 11948 : EAST PB. ACF 47
Declaration of
private infected
places.
Examinatinn of
iafcc;cd p!xe
by Veterinary
sulgcu116.
Der!aration of
public infected
places.
the Inspector may cause order within a rcasonablc iirnc, the hspector
may cause such buiidir~g, yard, vesscl or vchiclc to bc disinfected, and
the internal fittings and other things to be disinfected or destoryed at the
cxpcij5c fif ;?lc Gj4: 11c1-.
- ',
20. (1) If the Inspector has rcason to bclivc that there is an infective
'[livestock or bird] in any field, yard or building in whch '[livestock or
birds] are kep~, temporarily or otherwise, hc shall at once by order in
writing, Cc?nrz :kc place to be an infected place and shall delivei a copy
of the order to tlle'owner, occupier or person in charge of thc place and
;-cpsj< !iis LciiGfi ifi ihz T,Tet,=riiizry sgrE~Giim
(2) This section shall not apply to any place owned by or under
the control or management of any iocal authority or railway
administration or to any airf~eld where l[ljvestwk or bird1 are temporarily
kept for sale, exhibition or in transit.
21. (1) 'J'he Veterinary Sl~r2en1-1 shall. as soon 3s nnssjh!~. examine
t;7~ infcctcd ~!aee ihe ' i:Iivesio~k bird: kcpi ti~er~i~~~ 2116 may r:;rncei
Or c~riifi nn iiie ilr.der. ~,rf lilt? Ir~<!jcr:tc~r.
(2) If heconfirms the order he may causc notice to bc scrved on
the !~wnc.n, occupiers or persons in chr)~ze ?id! piaces in whch ':!:vestock
or bird] are kepl lemporarjly or otherwise, within a radius not exceehng
nne fr~rr? !he inf~c!e.:! ~I~cP, dec!~i'~g p!a.zee := be ;:fccie:!
places.
The Veterinary Sursenn shall forthwith report his action under this
suh-section to the authority pre.scrihed by thcl[State] Governrne~t in this
bch.!f.
22. (1) Where thc Veterinary Surgeon hzs reason to believe that
infective l[livestmk or bird) are or have kn in any place owned. controlled
or managed by any local authority, or railway administration or aircraft
company where '[Iivesiock or birds] are tempor-drily kept for purposes of
sale, transi~ or exhibition, he may, by order in writing, declarc s~ch place
to be an ~nlected piace. .
(2) The Yehinary Surgeon shall cause a copy of such order, in
the vernacular of thc locali:~, to beexhihitcd prominently in theinfected
-
1. Subsriturcd by [he Punjab Acr 33 of 1961, secrion 4.
2. Suhstil!~tcd fur tbe \:.ord "Prx.winc~al" by ~hc Adaplation of Laws Oider. 1950.
1948 : EAST PB. Aff 47) LrVEsToCK AND BIRDS' DlSEASES 163
place, and he shall deliver copies at the office of the local authority, or to
the nearest station master of the railway administration, or to the officer-
in-charge of the air-fjeld, 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 prescribed by the '[State] Government in this behalf.
23. (I) On receipt of the report of the Veterinary Surgeon under Declaration of
sub-seccion (2) of section 2 1 or under sub-section (2) of section 22 and infected areas
after such further inquiry, if any, as it may think fir, the [[State] by the
Government. Government -
(a) may cencel any declaration made under sections 20,2 1
or 22; or
(b) may confirm such declaration either with or without
modifications.
(2) Where thc [S tate] Govcrnment cancels any declaration, the
Inspector shaH give notice of the cancelIation to all persons to w horn
copies of such declaration were delivered or on whom notices of such
decIarati on were servcd.
(3) Where the '[State] Government confirms such declaration
either with or without modifications the 'IS tate] Government shall, by
notification defining the limits of the area to which the notification shall
apply, declare such area to be an infected area.
(4) On the issue of such notification any place declared by the
Inspector or Veterinary Surgeon to be an infected place and not included
in the infected area so defined shall cease to be an infected place, and
the Inspector shall give notice according1 y to the owner, occupier or
pcrson in charge of such place.
(5) The Inspector shall cause to be exhi bitcd in some prominent
place in the infected area and in the vernacular of the area, a copy of the
norification under sub-section (3), and shall also cause to be so exhibited
a copy or any subsequent notification adding to, amending varying or
rescinding such notification.
24. (I) No person shall remove horn any infected area or placc Removal of
any 2[lives~ock of birds], dead.or alive, or on y pan of an 2[livcstock or Or
bird] and other
things from in-
1. Substiruled for the word "Provincial" by rhe Adaptation or Laws Order. 1950. fccted fireas or
2. Substituted by Punjab ACI 33 of 1961. scction 4. places.
164 LIVESTOCK AND BIRDS' DISEASES [I948 : EAST h. ACT 47
birds], or any fodder, bedding or othcr thing used in connection with
' [livestock or birds], save in accordance with the condlions of a licence
granted by the Inspector.
(2) Nothing in this section shaIl prevent the transit by railway . , I
through an infected area or place of any '[livestock or birds] or thing :
Provided that where any '[livestock or birds] or other thing described
in sub-section (1) whle in transit through an infectcd area nr places is
unloaded therein, it shall not be removed therefrom save in accordance
with sub-section (1).
Power ro rzlurn 25. Where any animal or thing is removed from an infected area or
Or place otherwise rhan in accordance with a licence granted under section birds] etc., to
infected mas. 24, any Inspector or police officer may require the owner or person in
charge of such '[livestock or birds] or thing to return it to such area or
place, and if the owner or person incharge fails to do so within a
reasonable time, may cause it to be returned at the expense of the owner
without further delay :
Provided that nothing in this section shdl affect the powers of
an Inspector under section 15 to deal with infective '[livestock or birds]. x
Time for com-
plying with and
enforcemenl of
Orders.
Rccovery of ex-
penses incurred
under this
Chapter.
PenaIties for
26. W~ef:r.e by any notice, requisition, or order under this Acl or
under any notification or rule issued thereunder any person is required
to take any measures or to do anything in respect of any property owned
or occupied by him or in his charge, a reasonable time shall be specified
in such notice, requisition or order whithin which such measures shall
be taken or such thing shall bc done, as the case may be.
27. Where any action may be taken undcr this Chapter in respect oi
any property at the expense of the owner thereof, the officer taking such
action may frame acertificate stating the mount of ~hc expcnse incurred
and the pcrson from whom such amount is recoverable, and any
Magistrate to whom such certificate is presented may after such inquiry
as he may think fit, recover such amount as if it were a fine imposed by
him on such person.
CWER 1II -PENALTIES AND PROCEDUREl
28. Whoever-
coniraventions
of Acts, Rep- (a) removes from any part of the '[State] of 3waryana] any
lations and l[Iivestock or bird], alive or dead, or any part of an '[livestock
Rules. 1. Substiruled by Punjab Ac133 of 1961, section 4.
2. Substituted for thc word "Province" by rhe Adaptation of Laws Order, 1950.
3. 5ubstitu:cd for ~hc word "Punjab" by he Adap~ation of La~s Order, 1966.
1948 : EAST PB. ACT 471 LIVESTOCK AND BIRDS' DISEASES 165
or bird], or any fodder, bedding or other thing in
contravention of a notification issued under section 9, or
impofis '[livestock or bird] in contravention of sub-section
(2) of that section ;
\
(b) holds or promotes or takes part in any market, fiir exhibition
or other concentration of ' [livestock or birds] in contravention
of a notification issued under section 10;
(c) sells or otherwise uaffics in, or attcmpls to sell or tcaff~c in,
infective l[livcstock or bird], or in anything mcn~ioned in
section 11 which may carry infcction, or the carcase of a
'[livestock or birds] which at the rime of its death was
infective in contcavenrion of section 11;
(d) being a common canicr fails ro cleanse or disinfect my vessel
or vehicle uscd for thc transport of '[livestock or bird] in
such manner as may be required under sub-section (1) of
section 12 or as may be required by the Inspector undcr sub-
section (2) of that section;
(e) fails in conlravention of section 13, to repon that a '[livestock
or bird] is infccuve;
v) fils ta comply with an order made by an Inspector under
sub-section (1) of section 15; '
(g) fails to comply with an order made by the Veterinary Surgeon
under sub-section (I) of section 19;
(11) removes any ' [livestock or bird) or thing from any infected
place in contravention of scciion 24; -
shall he punished wiib finc which may extend in the case of a firs1
conviction, to one hundred rupees and, in the case of a second or
subsequent conviction, to five hundred repees.
29. Whoever keeps or gazes in or on my forest, open field, roadside, penalty for
or other unencIosed land ro which other persons havc a right of access keeping or
for their '[iivestock orI~irds] any l[livestock or birds] which he knows to grazing
hve '[lives~ock be infective shall be punishabie with fine whjch may extend in the case or in un-
of a fjrsl conviction LO one hundrcd rupees in the case of a second or ,,,f,,,d land,
subsequcnr conviction to five hundrcd rupees.
1. Subslituled by Punjab Act 33 of 196 1, sec~ion 4.
166 LIVI3TM.K AND BIRDS' DlSME3 11948 ; EAST h. ACT 47.
Penalty fat 30. Whoever bring or atlelnpts to bring into any market, fair, I
bringing ink- exhibition or other concenkation of l[livestock or bird], any 'Dives tock or
live 'I 'ivulock bird] which ik knows to be infective shaI1 be punishable with fine which j
or bird] to mar-
ket. may extend in the case of a first convict ion to one hundred rupees or in . ! ..--.
the case of a second or subsequent conviction to five hundrcd rupees.
Penalty for 31. Whoever places, or causes or permits to be pIaced, in any river,
placing carcass or other water, the carcass or part or part of the carcass of any '[livestock
of infective or bids] which at rhe time of its dath was infective or which has been
'[livestock Or desttoyed as being infective or smpected or being infective shall be bird) animal in
rivcr. punishable with imprisonment for alem which may extend to six months
or with fine which may extend in he case of a first conviction to one
hundred rupees or in the case of L second or subsequent conviction to
five hundred rupees, or with both imprisonment and fine.
Penally for dis- 32. Whoever, without Iawful aurhority, disinters or causes to be
jnterring car- disinterred the carcass or part ofthe carcass of any '[livestock or bird]
carsof disws* which at the time of its death w;u infective or which has been &s~royed '[livestock or
bird]. as being infective or suspected of being infecrive shall be punishable
with fine which may extend in the case of a first conviction to one hundred
rupees or in the case of a second or su bsequent conviction to five hundred
rupees.
Pcnrllly for ma- 33. Whoever being an Inspector maliciously and vexatiosIy enters
licious or inspects any land or building o: other place or any vessel or vehicle or ve~a~ious entry
or seirure by seizes or detains any '[livestock or birds], shdl be punishable with
Inspector. irnprisonmen I for a tern which may extend to six months or with fine
which may extend to five hundred rupees, or with bath.
(2) No proseculion under this sccrion shall be instituted aficr
the expiry of one month from the date on which the offence is alleged to
have been cornmi tted.
I~SI itu rion OF 35. No prosecution under &is Act. ncept under section 33 shall be
proceedings. instituted cxcept by or under thc authotiy of Ihe Veterinary Surgeon
"[or the Inspec tor].
1 . Subsrituied by Punjab Act 33 of 196 1.
2. Section 34 ornit~cd by the Punjab Act 33 of 1961. section 8
3. Added by the Punjab Act 33 of 1961. seriion 9.
1948 : EAST I%. ACT 47.3 LIVESTOCK AM) BIRDS' DISEASES 167
36. Nnrnagistrateshalltryanyoffence~~nder~hisActunlessheisa Jurisdiclion of
'[Judicial Magismte of he-first class, or a Judicial Magistmte of the second magistates-
class syciall y ~rn?nwererl in this hehalf hy the High Cnurt?.
L
(
37. Save as provided for in section 18 no person shall be inti tled to Bar of claim to
any compensation in respect of thc desmction of any ZIJivestock or bird] com~ensaliun-
and thing or in respect of any other loss, injury, detriment: or
inconvenience caused to him by reason of mything donc under this Act
in go~d faith.
?r 3 w - A Ti A i, if, d d i i Dciegari~n.
of its powers under this Aci io aiiy of its ofificeis.]
38. (1) The '[State] Government may make 5rules consistent with Power of Slale
this Act for all or any of the following puposes. namely :- Government ro
makc reguIa-
(a) to &fine the powers of entry anc! inspection of an [ions 3,7d ?A!=.
Inspector end~r section 8:
(bJ lo prohibil or regulate the holdirig of mzrkets, fails,
exhilri~ions or ornei cunuer~t~-aarions oiZ[ii ves~uck 01. birci]
under section IO;
(s) to appoint places for the disint'eclion of vessels or
vchcles under sub-section (2) of section 12, and for the
isolation or scgre~at ion of '[livestock or bird1 under
section 15;
id) to regulate pusr-mortem examination of '[iivestock or
bird] under section :3, aid the cbsposal of 2[ljvestock or
bird] under sub-sections (11, (2) and (3) of section 17;
(e) to provide for the delemination of the compensation
payablc undei. section 18;
fl to regulate the exercise of the powers of the Veterinary
Surgeon and Inspector under section 19;
1. Substituted by Lhc Punjab Act 25 of 13M.
2. Substitutcd by, Punjab Act 33 of 1961, section 3.
3. Section 37-A, added by ibid. sec~ion 10.
4. Subsrituted for the word "Provincial" by the Adaptatkn of Laws Order, 1950.
5. For rulcs, see Punjab Govcmmcnt Notificarion No. 2595-Vety-51. 1534, dald
I 81h August, 1953, contained in Punjab Government Gazeue, 1953. Part I, pp.
739-46.
(g) co prescribe the authority referred to in sub-section (2) of
seclion 3 1 and sub-set tian (2) of section 22 ;
(h) tn pre,sr.rilw thp. form and contents nf t_h_p !jrences t~? be
granted by an Inspector under section 24 and the
I
circumstances under which they may be g8nled ;
(id to prescribe scales of char~es to be followed in
ccrtifjcates under section 27 for expenses incurrcd on
bzhd f of ail OWilCi;
(j; i3 i~gdaLt: iilc: istjiaiivr i, iicieniion, ii-eaimenr linciuding
sieilization and inoculaliorlj, arid disposal oi' '[livestock
or birds] which are infective or suspected of being
infecuve, and the disposal of carcasses and parrs or
carcasses ;
(k) to regulate the dutics and powers of Inspectors and
prcscnbe ihek qiliiiiiications 1
!;,I rg y~wscnk the mznzer i~ r??hirh En;{ re;??!? n!' CC?!~:",:
ucder the Act shnl! bz madc or givcn; or
'l i
(n?: tg prohibit or rcgu!ste the entry into the l[State] of
' \
3[Haryana] or any spwified part or place thereof. and
thc mol;e:::ent 5-c~ cze $zce :c acc:her, iii :he '[S:a:c]
of 'i~a'yana] of '[livestock or birds] alive or dead, or
puis oi !iiivesiock or birdsj or fodder, beading or ofher
thing ;
m) :G prohibit or limit salz or tizffic ir; ififzztivc 'Cl-testock
or birds] or carcasses of infecti ue '[livestcck or birds] ;
(0) to regulate the disinfection of vessels or vehicles used
by common carriers, the cleansing and disinfection of
buildings, yards and other places used for '[livzstock or
birds] and the destruction of infected matter or hngs
found therein or near thercto;
2. Subslituted for rhc ward "6ovince" by the Adnptalion of Laws Order, 1850.
3. Substiruted for he word "Punjnb" by thc Haryana Adap~arion of Laws Order,
1368.
1948 : EAST h. ACT 47.1 LIVESTWK AND BIRDS' DISEASES 169
(p) to prescribe the tests to be applied to '[livestock or birds]
sus pecked of hi ng infective;
(7) tn prp-gih. !he manger in which nlve-stw.k nr hixdg] shgl!
be destroyed, and the mar~rler in which carcasses or paris
of carcasses, fodder, bedding or other things seized under
the Act shall be disposed of; and
(I-) to prescribe the period of detention and the amount of fee
f'~i vncdnntion md mxkng at the inter 7iStai~i quaraiirine
stations.
(2j ir~ ~llaki~lg ii 1,uie ur~rier [his seciiwrl I~G 'is ~aie] Guvc~nmeni
may direct hat n bl~acll of it shall be punishable with fine which may
extend in the case a first conviction to one hundred lupees or in case of
a second or subsequent conviction to five hundred rupws.
33. (1) The powcr to makc regulations and ruks conferred by this Power 10 make
Act i5 giveii subject to the c~ndlt~~ii oi tr?~ rtgiih'cl~iis or rdles being :e~ali'[i""s 3l:C'
made after previorrs ptrblic;~tion. rules subject lo
F~~:;;G~~
(2) All regulations and rulcs xadc by rhc- 2[Sts:cl Go~cmi-iicfit carion.
xder !his Act :ha!! b: nllh!ich~d rYU UnLV- in the officiz Gxxerte.
40. No suit, prosection or olher legel proceeding shall lie against Protect ion to
.,mq2 T,,Avenm f,>- 22y[)>3g -m,h;,.h :P ,W,\AA r.,;th <1,.*~- ,.,- :-t-m,lmrl p, h- nprcnnc ariino
LllJ pCI4V.I LVL I.llllrLA 10 111 5V-U LUlU1 UWLKL UI AIIILILULU U Ub t -'--.'- -
done tinder this Act. iind~i ihi~ AcC.
1. Substi~uied by Punjab Act 33 of 1961, section 4,
2. Subslilured for hc word "Provincial" by the Adaptation of Laws Drder, 1 950.
170 LlVEsTOCK AND BIRDS' DISEASES [I948 : EAST h. ACT 47.
APPENDIX I
SCHEDULE-OF DISEASES REFERRED TO IN SECTION 4 OF
.TF! '[T-F.ESTOCK PJE BIP,DS] D!SEP,SES P.C!', 1918.
English names Vernacular names.
1. Renderpest or Cattle 1. Mam, Wah, Sitla Mok:
3. Haernorrhagrc Septicaemia. 3. Gal-Ghotu Garhi.
4. Blackquarter. 4. Phar, Suja.
5. Antharax. 5. Sat. GoJi.
6. Tuberculosis 6. Tap-i-Dik.
7. Johne's Disease. 7. Punna Gust.
8. Glanders and Farc y . 8. Bad Kanar.
9. Epizmtic Lyrnph~~gitis. 9. Zehcbsd.,
10. Dourine. 10. Atshjk-i-Aspan.
11. Kabies. 11. EIalkapan,BawaIpan,
Pagal pan.
12. Surra. 12. Phera, Tebersa, or Sokra.
-
I. Substituted by Punjab Act 33 of 196 1, section 4.