The SIKKIM PRESERVATION OF RABIES-FREE STATE ACT,2017

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Ga gtok Monday 18th September, 2017 No. 452
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
o. 15/LD/17 Dated: 18.09.2017
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of
e Governor on 8th Day of September, 2017 is hereby published for general information:-
THE SIKKIM PRESERVATION OF RABIES-FREE STATE ACT, 2017
(ACT NO. 15 OF 2017)
AN
ACT
to provide for a rabies-free State and to protect the citizens from rabies in the State of Sikkim
by the control of the existing canine and feline population and preventing the entry of new canine and
feline population in the State in the interests of general public health and the matters connected
therewith or incidental thereto.
BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year of the Republic of India as
follows:-
Short title, extent
and
commencement
1 (1) This Act may be called the Sikkim Preservation of Rabies-Free
State Act, 2017.
(2) It shall extend to the whole of Sikkim.
(3) It shall come into force at once.
Definitions 2 (1) In this Act, unless the context otherwise requires:-
(a) "animal" means any mammal of species naturally
susceptible to rabies, except the human being;
(b) "authority" means the Sikkim Licensing and Registering
Authorityconstitutedundersection4;

Responsibilities
of Pet Owners
(s) "Sikkim Licensing and Registering Authority" means he
authority specified under section 4 of the Act;
(t) "State Government" means the Government of Sikkim in
the Department of Animal Husbandry, Livestock, Fisheries
and Veterinary Services;
(u) "stray dog or cat" means any dog or cat not kept in
compliance with the Act and the rules made hereunder;
(v) "suspected" means suspected of rabies;
(w) "vaccination" means the administrating to an animal of an
anti-rabies vaccine and such other vaccines as may be
prescribed;
(x) "veterinary hospital" means an institution or centre by
whatever name called where animals are admitted for
treatment;
(y) "Veterinary Officer" or "Deputy Director" means a registered
veterinary Practitioner appointed by the State Government
to receive information about animals and carcasses
affected or suspected of being affected with specified
diseases for the area in which the animal or carcass exists.
3 (1) Every pet owner shall-
(i) register their dog and cat before it reaches the age of 6
(six) months;
(ii) renew the registration annually;
(iii) pay the prescribed fee for registration and vaccination.
(2) Every pet owner shall comply with the requirement for
identification of their dog and cat as under, namely:-
(a) An owner must ensure that every dog or cat born after the
commencement of the Act is microchipped by attaining the
age of 3 (three) months and its identification-details are
entered in the Sikkim Microchip Register.
(b) All dogs must wear a collar with identification-tag indicating
the owner's name and telephone number.
(c) It is unlawful for any person to own or keep any dog or cat
of 6 (six) months of age or older which has not been
vaccinated against rabies as required by under the Act, or
the rules made hereunder;
(d) Dogs and cats shall be vaccinated as early as on attaining
the age of 3 (three) months or at an age as specified in the
vaccine's license, but it will be considered as non-
compliance according to this section if even after 6 (six)
months of age, the animals are not vaccinated;
-3-

Declaration
of Infected
Area
Detention
or Destruction
of Any Animal
Exposed
to Rabies
Duties of Owners
and Persons in
Charge of Diseased
or Suspected to be
diseased Animals
Seizure and
Detention of
animals not
under control
incidence thereof to local authorities t.e. District Medical Officer/
Chief Medical Officer of a district. The case of rabies in Animals
shall be notified by the Veterinary Officer or Deputy Director of a
District every month in the form as may be prescribed.
(2) A person who knows or suspects that an animal is exposed to
rabies or at the time of itsdeath was so affected, shall, immediately
give notice to an officer of the local authority or a health worker
or an officer in charge of the respective police station. Any person
so informed shall transmit the information received in the most
expeditious manner to the Sikkim Anti Rabies and Animal Health
Division.
7 Where the State Government believes or suspects that any case of
rabies exists in an area, it may by order declare that particular area
together with any adjoining area as Infected Area for the purposes of
control and eradication of that disease.
8 If any Veterinary Officer or Deputy Director of the Department or an
Officer of the local authority or Officer-In-Charge of the respective
Police Station receives a credible information of, or having reasonable
grounds for suspecting, the existence of a case of rabies, he shall
forthwith cause the matter to be investigated, and for that purpose
may cause any animal to be examined and any diseased or suspected
animal to be destroyed humanely or otherwise dealt with as he may
think necessary. Itshall be the duty of the Veterinary Officer or Deputy
Director of the Department to send the brain-sample after euthanasia
for histopathological examination for confirmative diagnosis of rabies.
9 Every owner or person in charge of a diseased or a suspected to be
diseased animal shall-
(a) exercise their best efforts to cause it to be securely confined;
and
(b) immediately give notice to a Veterinary Officer or Deputy Director.
10 Recognising that stray dogs and cats are a vital component of the
ecosystem of the State, a balance must be struck between public
health and existence of stray dogs and cats. A Veterinary Officer/
Deputy Director or an Officer of the local authority or Officer-In-Charge
of the respective Police Station may, after due notice has been given
to members of the public of that area, seize and detain any stray dog
or cat that is suspected to be diseased or in need of veterinary care,
or posing a risk of public health by complying with the following
provisions, namely:-
(a) A Veterinary Officer/ Deputy Director or an Officer of the local
authority or Officer-In-Charge of the respective Police Station
shall take into account the Animal Birth Control (Dogs) Rules,
2001 ;
-5-

Rabies Disease
Surveillance in
Animal Populations
Offences
and Penalties
be impounded or kept in a shelter home for the purpose of stray
dog population control measures.
(m) No stray dogs and cats shall be subjected to unnecessary pain
and sufferings and doing so shall be a punishable offence under
this Act or Prevention of Cruelty to Animals Act, 1960 or any
existing rules for the time being in force.
The Department of Animal Husbandry, Livestock, Fisheries and
Veterinary Services and Department of Health Care, Human Services
and FamilyWelfare shall bejointly responsible forcoordinating an ongoing
rabies disease surveillance programme. Such a programme includes
keeping of records and sero-surveillance of dogs, cats and other animals.
Incarrying out surveillance in animal populations, any authorised person
may take any steps within the rules as may be prescribed.
12 (1) Any person who contravenes the provisions of clause (a) of sub-
section (2) and clauses (a), (b), (c), (d), (e) and (f) of sub-section
(3) of section 3, shall be guilty of committing an offence and shall
be liable to pay a fine of Rs. 500/- (Rupees five hundred) only.
Any person contravening the provision of this section for the
second or subsequent time shall be punished with an imprisonment
for a term of 1 (one) month and also with a fine which shall be not
less than Rs. 1,000/- (Rupees one thousand) only or may extend
up to Rs. 2,000/- (Rupees two thousand) only or with both.
11
(2) Any person, who contravenes the provisions of clause (b) of
sub-section (2) of section 3 and clauses, (i), (ii) and (iii) of section
3, shall be liable to pay afine of Rs. 1000/- (Rupees one thousand)
only. Any person/owner committing the same offence for a
second or subsequent time shall be punished with an
imprisonment for a term of 1 (one) month and a fine of minimum
Rs. 2,000/- (Rupees two thousand) only which may extend to
Rs. 5,000/- (Rupees five thousand) only or with both.
(3) Any person who contravenes the provision of clauses (2) (c) and
(d) of section 3 shall be liable to pay a fine of Rs. 2000/- (Rupees
two thousand) only. Any person committing the same offence for
a second or subsequent time shall be punished with a rigorous
imprisonment for aterm of 3(three) months and a minimum fine of
Rs. 3,000/- (Rupees three thousand) only which may extend upto
Rs. 5,000/- (Rupees five thousand) only or with both.
(4) Any person who contravenes the provision of clause (g) of sub-
section (3) of section 3 shall be guilty of committing an offence and
shall be liable to pay a fine of Rs. 2,000/- (Rupees two thousand)
only. Any person contravening the provision of this section for the
Second orSubsequent time shall be punished with an imprisonment
for a term of 1 (one) month and also with a fine which shall not be
less than Rs. 3,000/- (Rupees three thousand) only or may extend
upto Rs. 5,000/- (Rupees five thousand) only or with both.
(5) Any person who contravenes the provision of sub-section (1)
and (2) section 5 shall be guilty of committing an offence and
-7-

Offences
to be cognizable
and bailable
Protection
of action taken
in good faith
Power to make rules
Power to Remove
Difficulties
Repeal and Saving
13
subsequent time shall be punished with an imprisonment for a
term of 1 (one) month and also with a fine of Rs. 2,0001- (Rupees
two thousand) only or which may extend upto Rs. 5,0001-(Rupees
Five thousand) only or with both.
All offences under this Act shall be cognizable and bailable. An officerl
public servant not below the rank of Veterinary Officer shall file a
complaint before the judicial Magistrate of the 1sl Class having
territorial jurisdiction to try such offence under this Act.
14 No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the Government or any person exercising
any power or discharging any functions or performing any duties under
this Act, for anything in good faith done or intended to be done under
this Act or any rule or order made thereunder.
15 (1) The State Government may, by notification in Official Gazette,
make rules to carry out all or any of the provisions of this Act.
(2) In particular, \and without prejudice to the generality of the power,
such rules may provide for the following matters, namely:-
(a) charges to be levied for registration and vaccination under
section 3 (1) (iii);
(b) the manner of disposal of carcasses and charge for disposal
under clause (f) of section 10;
(c) cost of destruction of ani als a lee ed with rabies;
(d) any other matter which has' e or ay be prescribed by
rules u de . is Act.
16 (1) 9 rec LO" e provisions of this
y general or specific order
e • Gazette, make such
e provisions of this Act as
expedient 'or removal of the,.,:..:....:...- ~u _O...M-s :
oe s all be made after the expiration
f c mencement of this Act.
e eal anything done or any action taken
eoealed shall be deemed to have been
e corresponding Provision of this Act.
Jagat B. Rai (SSJS)
LR-cum-Secretary,
Law Department.

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