LexThe Bombay Diseases of Animals Act, 1948.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1948 : Bom. LIX] 1
THE BOMBAY DISEASES OF ANIMALS ACT, 1948
[Text as on 19th July 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
PART I
PRELIMINARY
1. Short title.
2. Extent and commencement.
3. Definitions.
4. Appointment of Veterinary Surgeons and Inspectors.
5. Veterinary Surgeons and Inspectors to be public servants.
PART II
ERADICATION, PREVENTION AND CONTROL OF SCHEDULED DISEASES
5A. 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 State Government 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.
19A. Duty of person in charge to isolate infective animals.
20. Keeping or grazing infective animal prohibited.
21. Bringing of infective animals in market, etc., prohibited.
22. Placing of carcass of infective animals in river, etc., prohibited.
23. Disinterring without lawful authority carcass of animal prohibited.
2 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
24. Powers of entry and inspection.
25. Enforcement of orders and recovery of expenses.
26. Power of Inspector to decide whether or not animal is infective.
27. Penalties.
28. Penalty for placing carcass of infective animal in river, etc.
29. Penalty for vexatious entry, inspection and seizure.
30. Officers bound to assist Inspectors and Veterinary Surgeons.
31. Powers of arrest and seizure.
32. Jurisdiction of Magistrate.
33. Bar of claim to compensation.
34. Officers to act subject to orders of Government.
35. Protection for action taken under this Act.
36. Rules.
37. Power of State Government to add to the Schedule.
38. Repeal of C.P. and Berar XVI of 1934 and saving.
SCHEDULE.
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 3
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Adaptation of Laws Order, 1950.
2. Amended by Bom. 9 of 1951
3. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
4. Amended by Bom. 8 of 1958
5. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
6. Amended by Mah. 3 of 1960
4 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 5
BOMBAY ACT No. LIX OF 19481
[THE BOMBAY DISEASES OF ANIMALS ACT, 1948.]2
[This Act received the assent of the Governor on the 21st November 1948; assent was first published,
in the Bombay Government Gazette, part IV, on the 30th November 1948.]
An Act to provide for 3[the eradication, prevention and control
of diseases] affecting animals.
WHEREAS it is expedient to provide for 4[the eradication, prevention and control of diseases]
affecting animals; It is hereby enacted as follows:—
PART I
PRELIMINARY
1. Short title.— This Act may be called the Bombay 5[Diseases of Animals] Act, 1948.
2. Extent and commencement.— (1) This Act extends to the 6[State of Maharashtra].
(2) 7[Section 1, this section and sec tion 5A ] shall come into force at once. The 8[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.
3. Definitions.— In this Act, unless there is anything repugnant in the subject or context,
(a) “animal” means any domesticated a nimal or bird, or any animal or bird kept in
confinement;
9[(b) “export” means to take out of the State of Maharashtra, otherwise than across a
customs frontier;
(c) “import” means to bring into the State of Maharashtra, 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 4;
(f) “prescribed” means prescribed by rules made under section 36;
(g) “rules” means rules made under section 36;
(h) “scheduled disease” means any disease specified in the Schedule to this Act;
(i) “ transport” means to remove to one place from another place w ithin the 10[State of
Maharashtra];
1 For Statement of Objects and Reasons of the L.A. Bill No. LXXI of 1948, see Bombay Government Gazette, 1948,
Extraordinary, Part V, page 475.
2 This Act was extended to that part of the State of Maharashtra to which, immediately before the commencement of
Mah. 3 of 1960, it did not extend (vide Mah. 3 of 1960, s. 2).
3 These words were substituted for the words “the prevention and control of contagious diseases” by Mah. 3 of 1960, ss. 3
and 4.
4 These words were substituted for the words “the prevention and control of contagious diseases” by Mah. 3 of 1960, ss. 3
and 4.
5 These words were substituted for the words and brackets “Animal Contagious Diseases (Control)” by Mah. 3 of 1960,
s. 5.
6 These words were substituted for the words and “Bombay area of the State of Maharashtra” by Mah. 3 of 1960, s. 6(a).
7 This portion was substituted for the word “this section” by Mah. 3 of 1960, s. 6(b).
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 Clauses (b) and (c) were substituted for the original by Mah. 3 of 1960, s. 7(a).
10 These words were substituted for the words “Bombay area of the State of Maharashtra” by Mah. 3 of 1960, s. 7(b).
6 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
(j) “Veterinary Surgeon” means a Veterinary Surgeon appointed under section 4.
4. Appointment of Veterinary Surgeons and Inspectors. — (1) The 1[State] Government 2[or
the Commissioner in his division] may, n otification in the Official Gazette, appoint a person t o be a
Veterinary Surgeon for the purposes of this Act for such local area as may be sp ecified in the
notification 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 3[State] Government 4[or the Commissioner in his division] may, by a similar notification
in the Official 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 shall, within the area for which he is appointed, exercise all the powers
which an Inspector may exercise under this Act and may exercise such powers in addition to his
powers as Veterinary Surgeon.
5. Veterinary Surgeons and Inspectors to be public servants. — 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 (XLV of 1860).
PART II
5[ERADICATION, PREVENTION AND CONTROL] OF SCHEDULED DISEASES
6[5A. Eradication of diseases in certain areas.— (1) The State Government with the object of
eradicating as far as practicable any scheduled disease, may by notification in t he
Official Gazette.
(a) declare any local area to be an eradication area, and thereupon in such area any class or
classes of animals specified in the notification shall be liable to be immunized in the manner
described in the notification, and shall also for the purposes of id entification 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 t he purpose of immunizing 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 manner prescribed, require any person or all persons, as the case may be,
who own or are in charge of any such animal to produce the animal for immunization and marking at
such time and place as is specified in the notice, and thereupon the person, or all persons, to whom the
notice refers shall comp ly with the requisition, and shall also give all reasonable facilities and
assistance for the carrying out of the immunization and marking :
Provided that, on an application made by the own er, or any person having charge, of any animal
required to be immunized and marked, the Veterinary Surgeon or Inspector may, for good and
sufficient reason, exempt any animal from such immunization 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.— “Immunization” for the purposes of this section means treatment with serum or
vaccine, or with both vaccine and serum.]
6. Power to prohibit or regulate import, export or transport of, hol ding of markets, fairs,
etc. of, and traffic in, infective animals, etc.— (1) The 7[State] Government 8[or the Commissioner in
his division] may for the purpose of preventing the outbreak or spread of any scheduled disease by
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were inserted by Bom. 8 of 1958, Schedule.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were inserted by Bom. 8 of 1958, Schedule.
5 These words were substituted for the words “Prevention and Control” by Mah. 3 of 1960, s. 8.
6 Section 5A was inserted by Mah. 3 of 1960, s. 9.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 These words were inserted by Bom. 8 of 1958, Schedule.
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 7
notification in the Official G azette, prohibit, control or regulate in such manner and to such extent
1[as it or he may think fit.]
(a) the import, export or transport of any animals, or the carcasses thereof, or of any part of
animals or carcasses thereof or of any fodder, bedding or other thing used in connection with
animals, which may, in the opinion of the 2[State] Government 3[or C ommissioner] carry
infection, or
(b) the holding of animal markets, animal fairs, animal exhibitions or other concentration of
animals in any specified area, or
(c) the sale or other dealings in, infective animals or the carcasses of animals, which at the
time of their death were infective, or any fodder, bedding or other thing used in connection which
such animals which may, in the opi nion of the 4[State] Government 5[or Commissioner] carry
infection.
(2) The 6[State] Government 7[or Commissioner] 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
8[into the 9[State of Maharashtra]], 10[or as the case may be, into the division] and no person shall
import animals 11[into the 12[State of Maharashtra]], 13[or as the case may be, into the division]
otherwise than during the season and by the route so appointed.
7. Establishment of quarantine stations. — (1) The 14[State] Government 15[or the
Commissioner in his division] 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 o f the officer in charge
of such station it is necessary to do so; and
(b) to be marked in the prescribed manner.
(3) The period of detention of animals at a quarantine station for the purpose of inspection,
vaccination and marking shall be such as may be prescribed.
(4) The animals detained at a quarantine station shall remain under the care of the person in
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 such form as may be prescribed a permit to the person in charge of the animal 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. Power to isolate infective animals and their examination. — (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
1 These words were inserted by Bom. 8 of 1958, Schedule.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were inserted by Bom. 8 of 1958, Schedule.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were inserted by Bom. 8 of 1958, Schedule.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 These words were inserted by Bom. 8 of 1958, Schedule.
8 These words were substituted for the words “into the State” by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
9 These words were substituted for the words “Bombay area of the State of Maharashtra” by Mah. 3 of 1960, s. 10.
10 These words were inserted by Bom. 8 of 1958, Schedule.
11 These words were substituted for the words “into the State” by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
12 These words were substituted for the words “Bombay area of the State of Maharashtra” by Mah. 3 of 1960, s. 10.
13 These words were inserted by Bom. 8 of 1958, Schedule.
14 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
15 These words were inserted by Bom. 8 of 1958, Schedule.
8 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
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 anim al 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 the 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. Power of Veterinary Surgeons to examine animals. — (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 infec tive, the Inspector shall fort with return it to the
person who, in his opinion, is entitled to its possession :
Provided that where such person canno t, in the opinion of the Inspector, 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 dis ease, 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, though not diseased the 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. Compensation for animals destroyed. — (1) The owner of an animal destroyed under
sub-section ( 2) of section 9 may be paid such compensation as shall be determined in the manner
prescribed :
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 perso n to be paid any
compensation or the amount of such compensation shall be final.
11. Declaration of private infected pl aces and examination of such places by Veterinary
Surgeon.— (1) If an Inspector has reason to believe tha t an infective animal is kept on any land, or in
any building or other place he shall, forthwith, by order in writing , of declare such land, building or
place to be an infected place. The Inspector shall in 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.
Nothing in this sub-section shall apply to any place w hich is owned by or is under the control or
management of, any local authority or a railway administration and in which animals are kept
temporarily for purposes of sale or exhibition or while in transit.
(2) On receipt of a report under sub -section ( 1), the Veterinary Surgeon shall, as soon as
practicable, examine the infected place 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 I nspector, he may declare all
places in which animals are kept, temporarily or otherwise, within a radius not exceeding one mil e
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 9
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 Veterinary 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 the Inspector shall give notice accordingly to the
owner, occupier or person in charge of such place.
12. Declaration of public infected places. — (1) Where the Veterinary Surgeon has reaso n to
believe that an infective animal is or has been kept in any place which is owned by or is under the
control of or management of any local authority or railway admi nistration or a port authority and in
which animals are kept temporarily for purposes of sale, or exhibition or while in transit, he 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 autho rity or to the
station master of the nearest railway station or to the 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 the order to be sent to the nearest police station; and
(d) forthwith report the action taken by him to the prescribed authority.
13. Power of 1[State] Government to declare infected areas. — (1) On receipt of the report of
the Veterinary Surge on under sub -section ( 3) of section 11 or sub -section ( 2) of section 12, the
proscribed authority shall, after making such further i nquiry as it thinks fit submit such report with his
remarks thereon, to the 2[Commissioner concerned.].
(2) The 3[Commissioner] on receipt of the report from the prescribed authority may—
(a) confirm the declaration 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 4[Commissioner] confirms any such declaration, either with or without
modification, a notification shall be published in the Official Gazette defining the limits of the area to
which the declaration, with the modifications, if any, made therein, shall apply and declaring such area
to be an infected area.
(4) The 5[Commissioner] may by notification in the Official Gazette add to, amend, vary or
rescind any notification published under sub -section ( 3) either 6[on his own motion] or on a further
report of the Veterinary Surgeon 7[submitted to him] 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
defined 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).
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were substituted for the words “State Government” by Bom. 8 of 1958, Schedule.
3 This word was substituted for the words “State Government” by Bom. 8 of 1958, Schedule.
4 This word was substituted for the words “State Government” by Bom. 8 of 1958, Schedule.
5 This word was substituted for the words “State Government” by Bom. 8 of 1958, Schedule.
6 These words were substituted for the words “on its own motion” by Bom. 8 of 1958, Schedule.
7 These words were substituted for the words “submitted to it” by Bom. 8 of 1958, Schedule.
10 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
(7) Where the 1[Commissioner] 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 person to whom copies of such declaration were delivered or on whom notices of
such declaration were served.
2[(8) The State Government may, subject to such conditions (if any) as it thinks fit, delegate all or
any of its powers under this section to the Collector of a District; and thereupon all or, as the case may
be, the relevant provisions of this section, shall apply in relation to such officer as they apply in
relation to the State Government.]
14. Removal of animals and other t hings from infected area or place prohibited without
licence.— (1) Where any area or place has been declared t o be an infected area or place under the
foregoing provisions, no person shall, whi le such a declaration remains in force, remove any infected
animal, alive or dea d, or any part of an animal or any food, bedding or other thing used in conn ection
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 c arriage 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 areas or place is
unloaded therein, it shall not be removed th erefrom save in accordance with the provisions of
sub-section (1).
15. Power to require animals, etc. to be brought to infected areas. — Where any animal or
thing referred to in section 14 is removed from an F infected area or place otherwise than in accordance
with the conditions of a licence granted under the said 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 :
Provided that nothing in this section shal l affect the powers of an Inspector under section 8 to
deal with infective animals.
16. Cleansing and disinfection of vessels and vehicles.— (1) Every vessel or vehicle used by a
common carrier for the transport of animal shall be cleansed and disinfected by him at such periods and
in such manner as may be prescribed.
(2) The person in charge of every such vessel or vehicle shall, when required to do so by an
Inspector cause the vessel or vehicle to be taken to such place as the Inspector may direct and to stop
and remain stationary for so long as may reasonably b e necessary for the purpose of e nabling the
Inspector to inspect such vessel or vehicle. The Inspector may, after such inspection, if in his opinion
the vessel or vehicle is not in a sanitary condi tion, 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. Power to require disinfection of infected premises, vessels or vehicles. — Subject to such
rules as may be prescribed, the Veterinary Surgeon 3[may] by or der in writing, require the owne r,
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 near thereto to be disinfected or destroyed
in, such manner and to such extent as may be specified in the order.
18. Power of Veterinary Surgeon to h old post-mortem.— Subject to such rules as may be
prescribed the Veterinary Surgeon may make or cause to be made a post mortem examination of any
animal which at the time of its death wa s infective or is suspected to have been infective, and for this
purpose he may cause the carcass of such animal to be exhumed.
19. Duty of certain persons to report scheduled disease. — Every owner or person in charge
of, and eve ry Veterinary practitioner who has been called to treat, an animal which he has reason to
1 This word was substituted for the words “State Government” by Bom. 8 of 1958, Schedule.
2 Sub-section (8) was added by Mah. 3 of 1960, s. 11.
3 This word was inserted by Bom. 9 of 1951, s. 3 Second Schedule.
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 11
believe to be affected with a scheduled disease shall forthwith report the fact to the Inspector having of
jurisdiction in the area.
1[19A. Duty of person in charge to isolate infective animals. — Every owner, or person in
charge of an animal which he has reason to believe to be affected with a scheduled disease shall keep
that animal in a closed space separate from animals not so affected.
Explanation.— “Closed space” for the purposes of this se ction means enclosed in such manner,
and situated at such distance, as to effectively prevent any animal affected with a scheduled disease
from coming into contact with any animal not so affected, or any animal not so affected from coming
into contact with an animal so affected.]
20. Keeping or grazing infective animal prohibited. — 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.
21. Brin ging of infective animal in market, etc., prohibited. — No person shall bring or
attempt to bring int o any market, fair, exhibition or other concentration of animals, any animal which
he knows to be infective.
22. Placing of carcass of infective animals in river, etc., prohibited.— No person shall place
or cause or permit to be placed in any river, lake, canal or 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 infective or which was destroyed on account of its being infective or suspected to
be infective.
23. Disinterring without lawful authority carcass of animal prohibite d.— 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.
24. Powers of entry and inspection.— Subject to such rules as may be prescri bed, 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.
25. Enforcement of orders and recovery of expenses. — (1) Where by any notice, requisition,
or order made under this Act or under any rule or notification issued thereunder, any person is required
to take any measure or to do anything in respect of an y property owned or occupi ed by him or in
charge, a reasonable time shall be specified in such notice, requisition or ord er within which such
measures shall be taken or such things shall be done, as the case may be.
(2) If such measures are not taken or s uch thing is not done within the time so specified, the
authority issuing the notice, requisition or order may cause the measu res be taken or the thing to be
done at the cost of the person concerned.
(3) The costs 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 (V of 1898), for
the recovery of fines imposed by a Court as if such costs were a fine imposed by a Court.
26. Power of Inspector to decide whether or not animal is infective. — 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.
27. Penalties.— 2[Whoever—
(ai) fails to comply with or contravenes the terms of any not ification issued under section
5A, or fails to carry out any requisition made. or directions given, by or under the said section, or]
1 Section 19-A was inserted by Mah. 3 of 1960, s. 12.
2 This portion was substituted for the word “Whoever—” by Mah. 3 of 1960, s. 13(a).
12 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
(i) 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
(ii) fails to feed or look after the upkeep of the animal under sub -section (4) of section 7 or
fails to produce the permit under sub-section (5) thereof, or
(iii) fails to comply with an order made by Inspector under sub-section (1) of section 8, or
(iv) removes any animal or thing from an infe cted area or place in contraven tion of the
provisions of section 14, or
(v) fails to comply with any direction given by an Inspector or a Police Officer under
section 15, or
(vi) 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 stop
and remain stationary when required to do so under sub-section (2), of section 16, or
(vii) fails to comply with an order made by a Veterinary Surgeon under section 17, or
(viii) fails to report that an animal is infective as required by section 19, or
1[(viii-a) fails to keep an infective animal separate as required by section 19A, or]
(ix) keeps or grazes any an imal which he knows to be infective in contravention of the
provisions of section 20, or
(x) brings or attempts to bring any animal which he knows to be infective in contravention
of the provisions of section 21, or
(xi) 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 i nfective or was destroyed on acc ount of its being infective or
suspected to be infective in contravention of the provisions of section 23,
2[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].
28. Penalty for placing carcass of infective animal in river, etc. — Whoever places or causes
or permits to be placed in any river, lake , canal or 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 22 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 s ix months or with fine w hich may extend to five
hundred rupees or with both.
29. Penalty for vexatious entry, ins pection and seize.— (1) Whoever, being an Inspector or a
Veterinary Surgeon, appointed under this Act, vexatiously and unnecessarily enters or inspects any
land, building or and other place or any vessel or vehicle or seizes or detains any animal shall, on
conviction, be punished with im prisonment 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 instituted after the expiry of three months from the
date on which the offence has been committed.
1 Clause (viii-a) was inserted by Mah. 3 of 1960, s. 13(b).
2 This portion was substituted for the portion beginning with the words “shall, on conviction” and ending with t he words
“five hundred rupees” by Mah. 3 of 1960, s. 13(c).
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 13
30. Officers bound to assist Inspectors and Veterinary Surgeons. — All village officers and
all officers of the departments of revenue, agriculture and veterinary 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.
1[31. Powers of arrest and seizers— (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 Sur geon, provided that the requisition
specifies the person to be arrested, and the offence punishable under this Act in which such person has
been concerned.
(2) Such police officer may seize any animal in respect of which an offence has been committed,
and shall without delay obtain the orders of a judicial magistrate for its custody.]
32. Jurisdiction of Magistrate. — No Magistrate, other than a Presidency Magistrate, a
Magistrate of the First Class or a Magistrate of the Second Class specially empowered in this behalf by
the 2[State] Government shall try any offence punishable under this Act.
33. Bar of claim to compensation. — No person shall except as pro vided for in section 10 be
entitled to any compensation on account of the destruction of any animal or thing under the provisions
of this Act or of any loss, injury or inconvenience caused to him by reason of anythi ng lawfully done
under this Act.
34. Off icers to act subject to orders of Government. — All officers shall exercise the powers
and perform the duties conferred and imposed on them by or und er this Act in accordance with such
orders, not inconsist ent with the provisions of this Act, as the 3[State] Government may from time to
time make.
35. Protection for action taken under this Act. — No s uit, 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.
36. Rules.— (1) The 4[State] Government may make rules for the purpose of carrying 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 5[following matters, namely:—
(ai) the manner of marking animals under sub -section ( 1), and the manner of serving or
publishing notices under sub-section (2), of section 5A;]
(i) the manner of marking animals under sub -section ( 2), the period of deten tion under
sub-section (8), the amount of fee for the vaccination and marking of animals under sub -section
(4) and the form of permit under sub-section (5), of section 7;
(ii) the test to which an animal may be submitted under sub -section (1), and the manner in
which an animal may be dealt with under sub-section (2), of section 9;
(iii) the manner in which compensation shall be determined under section 10;
(iv) the authority to be prescribed for the purposes of sections 11, 12 and 13;
(v) the periods at which and the manner in which the vessels and vehicles shall be cleansed
and disinfected under section 16;
1 Section 31 was substituted for the original by Mah. 3 of 1960, s. 14.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This word was substituted for the word “Provincial” by the Adaption of Laws Order, 1950.
4 This word was substituted for the word “Provincial” by the Adaption of Laws Order, 1950.
5 This portion was substituted for the words “following matters, namely:—” by Mah. 3 of 1960, s. 15(a).
14 The Bombay Diseases of Animals Act, 1948 [1948 : Bom. LIX
(vi) for disinfecting land, building or other place or vessel or vehicle under Section 17;
(vii) the making of post-mortem examinations under section 18;
(viii) the distance from the shore within which carcasses shall not be placed under
section 22;
(ix) for regulating the powers of an Inspector under section 24.
(3) In making a rule under sub -section ( 1) or sub -section ( 2), the 1[State] Government may
provide that a breach thereof shall be punishable with fine which may extend in the case of a first
conviction to Rs. 50 and in the case of a second or subsequent conviction to Rs. 100.
(4) The rules made under this section shall, subject to the condition of previous publication, be
published in the Official Gazette.
2[(5) All rules made under this section shall be laid for not less than thirty days before each House
of the State Legislature as soon as possible after they are made, and shall be subject to such
modifications as the State Legislature may make during the session in which they are so laid or the
session immediately following.]
3[37. Power of State Government to add to the Schedule. — The State Government may, by
notification in the Official Gazette, specify in the Schedule any disease affecting animals an d on the
issue of such notification, the Schedule shall be deemed to be amended by the inclusion of the said the
disease therein.
38. Repeal of C.P. and Berar XVI of 1934 and saving. — On the commen cement, by
notification under sub-section (2) of section 2, and of any of the provisions of this Act in the Vidarbha
region of the State, the Central Provinces and Berar Cattle Diseases Act, 1934 (C.P. and Berar
XVI of 1934), in its application to that region, and shall stand repealed :
Provided that, such repeal shall not affect—
(a) the previous operation of the Act so repealed; or
(b) the right or liability acquired or incurred under the Act so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any of the provisions of the Act so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, liability,
penalty, forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or remedy may be instituted, con tinued or
enforced, and any such penalty, forfeitu re or punishment may be imposed, as if this Act had not
commenced in that region.]
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Sub-section (5) was inserted by Mah. 3 of 1960, s. 15(b).
3 Sections 37 and 38 were inserted by Mah. 3 of 1960, s. 16.
1948 : Bom. LIX] The Bombay Diseases of Animals Act, 1948 15
SCHEDULE
1. Rinderpest or cattle plague.
2. Foot and Mouth Disease.
3. Hoemorrhagic Septicaemia.
4. Blackquarter.
5. Anthrax.
6. Tuberculosis.
7. Johne’s Disease.
8. Rabies.
1[9. South African Horse Sickness.]
1 This entry was added by Mah. 3 of 1960, s. 17.