LexThe Himachal Pradesh Livestock and Birds Diseases Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES
ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement.
2. Power to exempt areas from the provisions of thi s Act.
3. Definitions.
4. Scheduled diseases.
5. Veterinary Surgeons.
6. Inspectors.
7. Status of Veterinary Surgeons and Inspectors
8. Powers of Inspectors.
CHAPTER II
THE CONTROL OF DISEASE
9. Power to regulate inter-State trade and to contr ol transport of
livestock and birds and things which may spread diseases.
10. Power to control the holding of markets, fairs, etc.
11. Power to control traffic in infective livestock or birds.
12. Cleansing and disinfection of vessels and vehic les.
13. Duty of certain persons to report scheduled dis ease.
14. Power to Veterinary Surgeon to hold post-mortem .
15. Power to isolate infective live-stock or birds.
16. Examination by the Veterinary Surgeon.
17. Action after examination by the Veterinary Surg eon.
18. Compensation for livestock or birds destroyed.
19. Power to require disinfection of infected premi ses, vessels or
vehicles.
20. Declaration of private infected places.
21. Examination of infected place by Veterinary Sur geon.
22. Declaration of public infected places.
23. Declaration of infected areas by the Government .
24. Removal of livestock or birds and other things from infected
areas or places.
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 2
25. Power to return livestock or birds etc., to inf ected areas.
26. Time for complying with and enforcement of orde rs.
27. Recovery of expenses incurred under this chapte r.
CHAPTER III
PENALTIES AND PROCEDURE
28. Penalties for contraventions of Act, regulation s and rules.
29. Penalty for keeping or grazing infective livest ock or bird in
unenclosed land.
30. Penalty for bringing infective livestock or bir d to market.
31. Penalty for placing carcass of infective livest ock or bird in river.
32. Penalty for disinterring carcass of diseased li vestock or bird.
33. Penalty for malicious and vexatious entry or se izure by
Inspector.
34. Institution of proceedings.
35. Jurisdiction of magistrates.
36. Bar of claim to compensation.
37. Delegation.
38. Power of Government to make regulations and rul es.
39. Power to make regulations and rules subject to previous
publication.
40. Protection to persons acting under this Act.
41. Repeal and savings.
SCHEDULE.
_________
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES
ACT, 1968
(ACT NO. 24 OF 1969)
1
(Received the assent of the President on 13 th September, 1969 and
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary) dated the
22 nd January, 1970, pp. 9-19).
An Act to provide for the prevention and control of diseases affecting
livestock and birds.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 21 st August, 1968, p. 885.
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 3
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Livestock and Birds Diseases Act, 1968.
(2) It extends to the whole of Himachal Pradesh.
(3) This section shall come into force at once and the Government
may, by notification, bring the rest of the Act or any part of it into force in
Himachal Pradesh or in any area in Himachal Pradesh on such date
1 and for
such period as may be specified in the notification.
2. Power to exempt areas from the provisions of thi s Act.-
Notwithstanding anything contained in section 1, th e Government may, by
notification, exempt any area from any or all of th e provisions of this Act, or
direct that any provision of this Act shall apply t o any area with such
modifications as may be specified.
3. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) 'an infective livestock or bird' is one which i s affected with a
scheduled disease or has recently been in contact w ith or in
close proximity to livestock or bird so affected ;
(b) 'bird' means a domesticated fowl, goose or chic k, and
includes such other bird as may from time to time b e
specified by the Government by notification ;
(c) 'Government' means the Government of Himachal P radesh;
(d) 'livestock' means all domesticated animals main tained on
farms or by individuals including horses, donkeys, mules
elephants, cattle, buffaloes, goats, sheep, dogs, c ats or such
other animals as may, from time to time, be specifi ed by the
Government by notification.
(e) 'notification' means notification published und er proper
authority in Rajpatra, Himachal Pradesh;
(f) 'Official Gazette' means Rajpatra, Himachal Pra desh;
(g) 'prescribed' means prescribed by regulations or rules made
under this Act; and
(h) 'schedule' means schedule to this Act.
4. Scheduled diseases.- The diseases specified in the schedule shall
in the first instance be scheduled diseases for the purpose of this Act, but the
Government may, by notification,-
1. Act came into force from 9 th July, 1971 vide Notification. No. 6-7/69 A.H.
(Sectt.)-I), dated 8 th July, 1971, published in the Rajpara, Himachal Pra desh
(Extra-ordinary), dated 8th July, 1971, pp. 559.
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 4
(a) delete any entry from the schedule, or
(b) include in the schedule any communicable diseas e of
livestock or birds to which it is expedient in their opinion that
the provision of this Act should apply.
5. Veterinary Surgeons.- (1) The Government may either by name or
by designation appoint any person holding the offic e of Veterinary Assistant
Surgeon, or any graduate of a recognised Veterinary College whom they think
fit to be a Veterinary Surgeon for 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 Inspector
under this Act, and may exercise such powers concurrently with his powers as
Veterinary Surgeon.
6. Inspectors.- The Government may either by name or by
designation appoint any person it thinks fit to be an Inspector for any or all of
the purposes of this Act, and may define the area w ithin which he shall
exercise the powers and perform the duties incidental to such purposes.
7. Status of Veterinary Surgeons and Inspectors.- Any person
appointed under section 5 or section 6 shall be dee med to be a public servant
within the meaning of section 21, of the Indian Pen al Code, 1860, (45 of
1860).
8. Powers of Inspectors.- An Inspector may, subject to any rules
made in this behalf by the Government, enter and inspect any land or building
or other place or any vessel or vehicle for the pur pose of exercising the
powers or performing the duties conferred and impos ed on him by or under
this Act.
CHAPTER II
THE CONTROL OF DISEASE
9. Power to regulate inter-State trade and to contr ol transport of
livestock and birds and things which may spread dis eases. - (1) The
Government, for the purposes of preventing the outb reak or spread of any
schedule disease, may, by notification, prohibit or regulate in such manner,
and to such extent, as it may think fit,-
(a) the bringing or taking into Himachal Pradesh or any specified
place therein of any livestock or birds, alive or dead, or of any
parts of livestock or birds, or of any kind of fodd er, bedding
or other thing which may, in its opinion, carry infection ;
(b) the removal from any specified part of Himachal Pradesh of
any such livestock of birds, parts of livestock or birds, or
things.
(2) The Government may, by notification, specify th e season or
seasons during which and the route or routes by whi ch livestock or birds may
be imported into Himachal Pradesh and no person sha ll import livestock or
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 5
birds into Himachal Pradesh otherwise than during the season and by the route
so appointed.
(3) The Government may establish quarantine station s for the
inspection and detention of such livestock or birds along the route appointed
under sub-section (2).
(4) The period of detention of livestock or birds at a quarantine station
for the purpose of inspection, vaccination, if nece ssary, marking and issuing
of a permit for the release of livestock or birds f rom the station shall be such
as may be prescribed by the Government.
(5) The livestock or birds so detained shall remain under the care of
the person in charge who shall be responsible for their feeding and upkeep and
for the payment of fee for their vaccination and marking as may be prescribed
by the Government.
10. Power to control the holding of markets, fairs etc.- The
Government, for the purpose of preventing the outbr eak or spread of any
scheduled disease, may, by notification, prohibit o r regulate, in such manner,
and to such extent, as it may think fit, the holdin g of markets, fairs,
exhibitions or other concentrations of livestock or birds in any specific area.
11. Power to control traffic in infective livestock or birds.- The
Government may, by regulations, prohibit or limit t he sale of or other traffic
in infective livestock or birds, or in the carcasses of livestock or birds which at
the time of their death were infective or in any parts of such livestock or birds,
or litter, feeding utensils or other things which may carry infection.
12. Cleansing and disinfection of vessels and vehic les.- (1) Every
vessel or vehicle used by a common carrier for the transport of livestock or
birds shall be cleansed and disinfected periodicall y in such manner as the
Government may, by regulations, prescribe.
(2) The Government may appoint places where an Insp ector may
detain and inspect any such vessel or vehicle and, if it is not in a sanitary
condition, the Inspector may require it to be clean sed and disinfected in the
manner prescribed within such time as he may appoint.
(3) If such vessel or vehicle is not so cleansed an d disinfected within
the appointed time, the Inspector may cause it to b e cleansed and disinfected
at the expense of its owner.
(4) This section shall not apply to the rolling sto ck of any railway or
aircraft.
13. Duty of certain persons to report scheduled dis ease.- Every
owner or person in charge or every person bringing into Himachal Pradesh
and every veterinary practitioner who has been called to treat livestock or bird
which he has reason to believe to be infective shall forthwith report the fact to
the Inspector exercising powers in the area.
14. Power of Veterinary Surgeon to hold post-mortem .- Subject to
such rules as may be made in this behalf by the Gov ernment, the Veterinary
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 6
Surgeon may make or cause to be made or post-mortem examination of any
livestock or bird which at the time of its death was infective, or is suspected to
have been then infective, and for this purpose, he may cause the carcass of
any such livestock or bird to be exhumed.
15. Power to isolate infective livestock or birds.- (1) Where an
Inspector has reason to believe that any livestock or bird is infective, he may
by order in writing, direct the owner or person in charge of such livestock or
bird to keep it where it is for the time being or t o remove it or allow it to be
removed to such place of isolation or segregation a nd within such period as
may be specified in the order:
Provided that where there is no person in charge of the livestock or
bird, and the owner is unknown or the order cannot be communicated to him
without undue delay or the person in charge of the livestock or bird refuses to
do as ordered above the Inspector may seize the liv estock or bird and remove
it to a place of isolation or segregation.
(2) The Inspector shall forthwith report every orde r of seizure under
this section to the Veterinary Surgeon.
16. Examination by the Veterinary Surgeon.- On receipt of a report
under sub-section (2) of section 15, the Veterinary Surgeon shall examine the
livestock or birds as soon as possible and may also examine all livestock or
birds which it has been in contact with or in close proximity to and for this
purpose may submit any livestock or bird to any tes t which the Government
may, by regulations, prescribe in this behalf.
17. Action after examination by the Veterinary Surg eon.- (1) If,
after such examination, the Veterinary Surgeon is o f opinion that any
livestock or bird is not infective, the Inspector s hall forthwith return it to the
person who in his opinion is entitled to possession of it :
Provided that where such person cannot without undue inconvenience
be found, the Inspector shall send the livestock or bird to the nearest cattle-
pound, or deal with it in such other manner as the Government may, by rules,
prescribe in this behalf.
(2) If after such examination, the Veterinary Surge on certifies in
writing that any livestock or bird is affected with a scheduled disease, he shall
deal with it in such other manner as the Government may, by rules, prescribe
in this behalf.
(3) If, after such examination, the Veterinary Surg eon certifies that
the livestock or bird is infective though not disea sed, the livestock or bird
shall be dealt with in such manner as the Government may, by rules, prescribe
in this behalf.
18. Compensation for livestock or birds destroyed.- Compensation
may be paid to the owner of livestock or bird if de stroyed under section 17,
and such compensation shall be determined, in accor dance with rules to be
made in this behalf, by the Government :
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 7
Provided that-
(i) no compensation shall be paid to any person con victed of
any offence punishable under this Act committed in
respect of such livestock or bird ;
(ii) no compensation shall be paid in respect of an y livestock
or bird which, when it was brought into Himachal Pradesh,
was affected with the disease on account of which i t was
destroyed.
19. Power to require disinfection of infected premi ses, vessels or
vehicles.- (i) Subject to rules to be made in this behalf by the Government, the
Veterinary Surgeon may, by order in writing, requir e the owner, occupier or
person incharge of any building, yard, vessel or ve hicle in which there has
been an infective livestock or bird to have such bu ilding, yard, vessel or
vehicle disinfected, and the internal fittings ther eof and other things found
therein or near thereto be disinfected, or destroyed in such manner and to such
extent as may be specified in the order.
(ii) Subject as aforesaid, if such owner, occupier or person fails to
comply with the requirements of such order within a reasonable time, the
Inspector may cause such building, yard, vessel or vehicle to be disinfected,
and the internal fittings and other things to be di sinfected or destroyed at the
expense of the owner.
20. Declaration of private infected places.- (1) If the Inspector has
reason to believe that there is an infective livest ock or bird in any field, yard
or building in which livestock or birds are kept te mporarily or otherwise, he
shall at once, by order in writing, declare the place to be an infected place and
shall deliver a copy of the order to the owner, occ upier or person in charge of
the place and report his action to the Veterinary Surgeon.
(2) This section shall not apply to any place owned by or under the
control or management of any local authority or rai lway administration or to
any airfield where livestock or birds are temporari ly kept for sale, exhibition
or in transit.
21. Examination of infected place by Veterinary Surgeon.- (1) The
Veterinary Surgeon shall, as soon as possible, exam ine the infected place and
the livestock or birds kept therein, and may cancel or confirm the order of the
Inspector.
(2) If he confirms the order, he may cause notice t o be served on the
owners, occupiers or persons in charge of all place s in which livestock or
birds are kept temporarily or otherwise, within a r adius not exceeding one
mile from the infected place, declaring such places to be infected places.
The Veterinary Surgeon shall forthwith report his a ction under this
sub-section to the authority prescribed by the Government in this behalf.
22. Declaration of public infected place.- (1) Where the Veterinary
Surgeon has reason to believe that infective livestock or birds are or have been
in any place owned, controlled or managed by any lo cal authority, or railway
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 8
administration or aircraft company where livestock or birds are temporarily
kept for purposes of sale, transit or exhibition, h e may, by order in writing,
declare such place to be infected place.
(2) The Veterinary Surgeon shall cause a copy of su ch order, in the
vernacular of the locality, to be exhibited promine ntly in the infected 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
airfield, as the case may be, and shall also send a copy to the nearest police
station; and he shall report his action forthwith t o the authority prescribed by
the Government in this behalf.
23. Declaration of infected areas by the Government .- (1) On
receipt of the report of the Veterinary Surgeon und er sub-section (2) of
section 21 or under sub-section (2) of section 22 a nd after such further
inquiry, if any, as it may think fit, the Government-
(a) may cancel any declaration made under sections 20, 21 or 22;
or
(b) may confirm such declaration either with or wit hout
modifications.
(2) Where the Government cancels any declaration, t he Inspector
shall give notice of the cancellation to all person s to whom copies of such
declaration were delivered or on whom notices of su ch declaration were
served.
(3) Where the Government confirms such declaration either with or
without modifications, the Government shall, by not ification, 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 de clared by the
Inspector or Veterinary Surgeon to be an infected p lace and not included in
the infected area so defined shall cease to be an i nfected place, and the
Inspector shall give notice accordingly to the owne r, occupier or person in
charge of such place.
(5) The Inspector shall cause to be exhibited in so me prominent place
in the infected area and in the vernacular of the area, a copy of the notification
under sub-section (3) and shall also cause to be so exhibited a copy of any
subsequent notification adding to, amending, varyin g or rescinding such
notification.
24. Removal of livestock or birds and other things from infected
areas or places.- (1) No person shall remove from any infected area o r place
any livestock or bird, dead or alive, or any part o f livestock or bird, or any
fodder, bedding or other thing used in connection with livestock or birds, save
in accordance with the conditions of a licence granted by the Inspector.
(2) Nothing in this section shall prevent the transit by railway through
an infected area or place of any livestock or bird or thing:
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 9
Provided that where any livestock or bird or other thing described in
sub-section (1) while in transit through an infecte d area or place is unloaded
therein, it shall not be removed therefrom save in accordance with sub-section
(1).
25. Power to return livestock or birds etc. to infe cted areas.-
Where any livestock or bird or thing is removed from an infected area or place
otherwise than in accordance with a licence granted under section 24, any
Inspector or police officer may require the owner o r person in charge of such
livestock or bird or thing to return it to such are a or place, and if the owner or
person in charge 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 shall affect the powers of an
Inspector under section 15 to deal with infective livestock or birds.
26. Time for complying with and enforcement of orde rs.- Where
by any notice, requisition or order under this Act or under any notification or
rule issued thereunder, any person is required to t ake any measures or to do
anything in respect of any property owned or occupi ed 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 t hing shall be done, as the
case may be.
27. Recovery of expenses incurred under this chapte r.- Where any
action may be taken under this chapter in respect o f any property at the
expense of the owner thereof, the officer taking su ch action may frame a
certificate stating the amount of the expense incur red and the person 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.
CHAPTER III
PENALTIES AND PROCEDURE
28. Penalties for contraventions of Act, regulation s and rules.-
Whoever-
(a) removes from any part of Himachal Pradesh any livestock or
bird, alive or dead, or any part of livestock or bi rd or any
fodder, bedding or other thing in contravention of a
notification issued under section 9, or imports liv estock or
birds in contravention of sub-section (2) of that section;
(b) holds or promotes or takes part in any market, fair, exhibition
or other concentration of livestock or birds in con travention
of a notification issued under section 10 ;
(c) sells or otherwise traffic in, or attempts to s ell or traffic in, an
infective livestock or bird, or in anything mention ed in
section 11 which may carry infection, or the carcas s of
livestock or bird which at the time of its death wa s infective
in contravention of section 11;
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 10
(d) being a common carrier fails to clean or disinf ect any vessel
or vehicle used for the transport of livestock or b irds 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 section;
(e) fails, in contravention of section 13, to repor t that livestock or
bird is infective ;
(f) fails, to comply with an order made by an Inspe ctor under
sub-section (1) of section 15;
(g) fails to comply with an order made by the Veter inary Surgeon
under sub-section (1) of section 19 ;
(h) removes any livestock or bird or thing from any infected
place in contravention of section 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
conviction, to five hundred rupees.
29. Penalty for keeping or grazing infective livest ock or bird in
un-enclosed land.- Whoever keeps or grazes in or on any forest, open f ield,
roadside, or other un-enclosed land to which other persons have a right of
access for their livestock or birds, any livestock or bird which he knows to be
infective shall be punishable with fine which may e xtend, in the case of a
first-conviction to one hundred rupees or, in the c ase of a second or
subsequent conviction, to five hundred rupees.
30. Penalty for bringing infective livestock or bir d to market.-
Whoever brings or attempts to bring into any market , fair, exhibition or other
concentration of livestock or birds, any livestock or bird which he knows to be
infective shall be punishable with fine which may extend, in the case of a first
conviction, to one hundred rupees or, in the case o f a second or subsequent
conviction, to five hundred rupees.
31. Penalty for placing carcass of infective livest ock or bird in
river.- Whoever places, or causes or permits to be placed, in any river, canal
or other water, the carcass or part of the carcass or any livestock or bird which
at the time of its death was infective or which has been destroyed as being
infective or suspected of being infective shall be punishable with
imprisonment for a term which may extend to six mon ths or with fine which
may extend, in the case of a first conviction, to o ne hundred rupees or, in the
case of a second or subsequent conviction, to five hundred rupees or with both
imprisonment and fine.
32. Penalty for disinterring carcass of diseased li vestock or bird.-
Whoever, without lawful authority, disinters or cau ses to be disinterred the
carcass or part of the carcass of any livestock or bird which at the time of its
death was infective or which has been destroyed as being infective or
suspected of being infective shall be punishable wi th fine which may extend,
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 11
in the case of a first conviction, to one hundred r upees or, in the case of a
second or subsequent conviction, to five hundred rupees.
33. Penalty for malicious and vexatious entry or se izure by
Inspector. (1) Whoever being an Inspector maliciously and veraciously enters
or inspects any land or building or other place or any vessel or vehicle, or
seizes or detains any livestock or bird, shall be p unishable with imprisonment
for a term 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 inst ituted after the
expiry of one month from the date on which the offe nce is alleged to have
been committed.
34. Institution of proceedings.- No prosecution under this Act,
except under section 33, shall be instituted except by or under the authority of
the Veterinary Surgeon or the Inspector.
35. Jurisdiction of magistrates.- No magistrate shall try any offence
under this Act unless he is a magistrate of the fir st class or magistrate of the
second class especially empowered in this behalf by the Government.
36. Bar of claim to compensation.- Save as provided for in section
18, no person shall be entitled to any compensation in respect of the
destruction of any livestock or bird or thing or in respect of any other loss,
injury, detriment or inconvenience caused to him by reason of anything done
under this Act in good faith.
37. Delegation.- The Government may, by notification, delegate all or
any of its powers under this Act to any of its officers.
38. Power of Government to make regulations and rul es.- (1) The
Government may make rules consistent with this Act for all or any of the
following purposes, namely:-
(a) to define the powers of entry and inspection of an Inspector
under section 8;
(b) to prohibit or regulate the holding of markets, fairs,
exhibitions or other concentrations of livestock or birds under
section 10;
(c) to appoint places for the disinfection of vesse ls or vehicles
under sub-section (2) of section 12, and for the is olation or
segregation of livestock or birds under section 15 ;
(d) to regulate post-mortem examination of livestoc k or birds
under section 14, and the disposal of livestock or birds under
sub-sections (1), (2) and (3) of section 17 ;
(e) to provide for the determination of the compens ation payable
under section 18 ;
(f) to regulate the exercise of the powers of the V eterinary
Surgeon and Inspector under Section 19 ;
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 12
(g) to prescribe the authority referred to in sub-s ection (2) of
section 21 and sub-section (2) of section 22;
(h) to prescribe the form and contents of the licen ces to be
granted by an Inspector under section 24 and the
circumstances under which they may be granted ;
(i) to prescribe scales of charges to be followed i n certificates
under section 27 for expenses incurred on behalf of an owner;
(j) to regulate the isolation, detention, treatment (including
sterilization and inoculation), and disposal of liv estock or
birds which are infective or suspected of being inf ective, and
the disposal of carcasses and parts of carcasses;
(k) to regulate the duties and powers of Inspectors and prescribe
their qualifications;
(l) to prescribe the manner in which any report or notice under
the Act shall be made or given ;
(m) to prohibit or regulate the entry into Himachal Pradesh or any
specified part or place thereof, and the movement f rom one
place to another in Himachal Pradesh of livestock o r birds,
alive or dead, or parts of livestock or birds or fo dder, bedding
or other thing ;
(n) to prohibit or limit sale or traffic in infecti ve livestock or
birds or carcasses of infective livestock or birds ;
(o) to regulate the disinfection of vessels or vehi cles used by
common carriers, the cleansing and disinfection of buildings,
yards and other places used for livestock or birds, and the
destruction of infected matter or things found ther ein or near
thereto ;
(p) to prescribe the tests to be applied to livesto ck or birds
suspected of being infective;
(q) to prescribe the manner in which livestock or b irds shall be
destroyed, and the manner in which carcasses or par ts of
carcasses, fodder, beddings or other things seized under the
Act shall be disposed of; and
(r) to prescribe the period of detention and the am ount of fee for
vaccination and marking at the inter-State quarantine stations.
(2) In making a rule under this section, the Govern ment may direct
that a breach of it shall be punishable with fine w hich may extend, in the case
of a first conviction, to one hundred rupees or, in case of a second or
subsequent conviction, to five hundred rupees.
(3) Every rule and regulation made under this secti on shall be laid, as
soon as may be after it is made, before the Legisla tive Assembly while it is in
session, for a total period of ten days which may b e comprised in one session
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 13
or in two or more successive sessions and if before the expiry of the session in
which it is so laid or the sessions aforesaid, the Legislative Assembly makes
any modification in the rule or the regulation or d ecides that the rule or the
regulation should not be made, the rule or the regu lation shall thereafter have
effect only in such modified form or be of no effec t, as the case may be, so,
however, that any such modification or annulment sh all be without prejudice
to the validity of anything previously done under that rule or regulation.
39. Power to make regulations and rules subject to previous
publication.- (1) The power to make regulations and rules conferr ed by this
Act is given subject to the condition of the regula tions and rules being made
after previous publication.
(2) All regulations and rules made by the Governmen t under this Act
shall be published in the official gazette.
40. Protection to persons acting under this Act. No suit,
prosecution or other legal proceedings shall lie ag ainst any person for
anything which is in good faith done or intended to be done under this Act.
41. Repeal and savings.- The East Punjab Animal Contagious
Diseases Act, 1948 (47 of 1948), as in force in the areas comprised in
Himachal Pradesh immediately before 1 st November, 1966 and the Punjab
Livestock and Birds Diseases Act, 1948, as in force in the areas transferred to
Himachal Pradesh under section 5 of the Punjab Re-o rganisation Act, 1966,
(31 of 1966), are hereby repealed:
Provided that anything done or any action taken or any proceedings
commenced or continued under the aforesaid Acts sha ll be deemed to have
been done, taken, commenced or continued under the corresponding
provisions of this Act.
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SCHEDULE
English names. Vernacular names.
1. Rinderpest or Cattle plague 1. Mata, Wah, Sitla , Mok,
Zehmat.
2. Foot and Mouth disease 2. Rora Mun-Khur.
3. Haemor hagic Septicaemia 3. Gal-Ghotu, Garhi.
4. Black-quarter 4. Phar Suja.
5. Anthrax 5. Sat, Goli.
6. Tuberculosis 6. Tap-i-Dik.
7. Johne's disease 7. Purana Dust.
8. Glanders and Farcy 8. Bad Kanar.
9. Epizootic Lymphangitis 9. Zeharbad.
10. Dourine 10. Atshik-i-Aspan.
THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 14
11. Rabies 11. Halkapan, Bawlapan,
Pagalpan.
12. Surra 12. Pheta, Tebersa or Sokra.
13. African Horse Sickness 13. Africa ki Ghoron ki Bimari.
14. Swine Fever 14. Suron ka Bukhar.
15. Contagious Caparine 15. Photka.
Pleuro-Phenumonia.
16. Contagious Abortion. 16. Mutadi Isquate Hamal .
17. Rani khet Disease 17. Ranikhet.
18. Salmonellosis 18. Choozon ke Safeid Dast.
19. Coccidiosis 19. Maror.
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