Rajasthan Animal Disease Act 1959
Rajasthan Animal Disease Act 1959
Rajasthan Animal Disease Act 1959
GOVERNMENT OF RAJASTHAN
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river etc.
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Penalty for vaxatious entry, inspection and seizure.
Officers bound to assist Inspectors and Veterinary
Surgeons
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Power of seizure
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Institution of proceedings.
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Jurisdiction of Magistrate
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Bar of claim to compenasation
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Officers to act subject to order of Government.
Protection for action taken under this Act. .
Rules
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Procedure to be observed in making rules
Power to delegate
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Power to add to the Sehedule
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Repeal
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THE SCHEDULE
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(2) If after such examination the Veterinary Surgeon,--(a) is of opinion that any animal is not infective, the Inspector shall
forthwith return it to the person who, in his opinion, is entitled to tis possession:
Provided that where such person cannot, 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 asmay be prescribed, or
(b) certifies in writing that any animals is infective or is affected with a
scheduled disease, theanimal shall be dealt within such manner as may be
prescribed.
11. Declaration of private infected place and examination of such places by
Veterinary Surgeon--(1) If any Inspector has reason to believe that an infective
animal is kept on any land, or in any building or other place he shall, forthwith, by
order in writing, declare such land, building or place to be an infected place,
deliver a copy of the order to the owner, occupier or person in charge of the
infected place and report his action to the Veterinary Surgeon.
(2)Nothing in sub-section (1) shall apply to any place which 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 the purpose of sale
of exhibition or while in transit.
(3) 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.
Aftersuch examination, he shall either confirm or cancel the order passed by the
Inspector.
(4) If the Veterinary Surgeon confirms the order passed by the Inspector, he may
declare all places in which animals are kept, temporarily or otherwise, within a
radius not exceeding one mile from the infected place, to be infected places. The
Veterinary Surgeon shall cause a notice of such declaration to be proclaimed in
the area concerned by beat of drum. The Veterinary Surgeon shall thereafter
report the action taken by him under this section to the prescribed authority.
(5) 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 cause a notice of such cancellation to be proclaimed by beat of
drum.
12. Declaration of public infected places. -- (1) Where the Veterinary Survgeon
has reason to believe that an infective animal or has been kept in any place
which 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 a
sale or exhibition or while in transit, he may, by order in writing declare such
place to be an infected place.
(a) cause a copy of the order passed by him under sub-section (1) to be
exhibited prominently in the infected place Hindi;
(b) cause a copy of such order to be delivered at the office of the local authority
or to the Station Master of the nearest reilway station, as the case may be; and
(c) forthwith report the action taken by him to the prescribed authority.
13. Power to declare infected areas.---(1) On receipt of the report of the
Veterinary Surgeon under sub-section (4) of section or sub-section (2) of section
12, the prescribed authority shall, after making such further inquiry as it thinks fit,-(a) confirm the declaration under sub-section (1) or (4) of section 11 or
sub-section (1) of section12 either with to without modification; or
(b) cancel any such declaration.
(2) Where the prescribed authority confirms any such declaration either with or
without modification, a notification shall bepublished in the official Gazette
defining the limits of the area to which the declaration, with the modification, if
any, made therein shall apply and declaring such area tobe an infected area and
a copy of such notification along with its Hindi translation shall be caused to be
exhibited in some prominent place within such area.
(3) The prescribed authority may by notification in the official Gazette add to ,
amend, vary or rescind any notification published under sub-section (2) either on
its own motion or on a further report of the Veterinary Surgeon submitted to it.
(4) On publication of a notification under sub-section (2) Sub-section (3), any
place declared by the Inspector or the Veterinary Surgeon to be an infected place
and not included in the infected area as defined insuch 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.
(5) Where the prescribed authority cancels any declaration referred to in subsection (1) any place specified in such declaration shall cease to be an infected
place and the Inspector shall give notice accordingly.
14. Removal of animals and other things from infected area or place prohibited
without licence--- (1) Where any area or place has been declared to be an
infected area or place under the foregoing provisions no person shall while such
a declaration remains in force, remove any infected animal, alive or dead, or any
part of such animals or any food, bedding or other things used in connection with
an infected 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 carrage by railway of
any animal or thing referred to in that sub-section through an infected area or
place.
Provided that where any such animal or thing while in transit through an
infected area or place is unloaded therein, it shall not be removed therefrom save
in accordance with the provisions of sub-section (1).
15. Power to require animals, etc. to be brought back to infected areas. ---Where
any animal or thing referred to in section 14 is removed from an infected area or
place otherwise than in accordance with the conditions of a licence granted
under that section, any Inspector or Police Officer may require theowner or
person in charge of such aniaml or thing to take it back to such area or place:
Provided that nothing in this section shall affect the powers of an Inspector
under section 9 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 animals 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 be necessary for the purpose of enabling the Inspector to inspect
such vessel on vehicle. The Inspector may after such inspection, ifin his opinion
the vessel or vehicle is not in a sanitary condition, require it to be cleasned and
disinfected in the prescribed manner.
17. Power to require disinfection of infected prepmises, vessel or vehicles. -Subject to such rules as may be prescribed the Veterinary Surgeon may, by
order in writing require the owner, occupier or person in charge of any land,
buildingor 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 there tobe
disinfected or destroyed, in such manner and to such extent as may be specified
in the order.
18. Power of Veterinary Survgeon to hold post-mortem examination. --- Subject
tosuch rule 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 was infection or is suspected to havebeen infective, and for this purpose
he made cause the carcass of such animal to be exhumed.
19. Duty of certain persons to report scheduled disease. Every owner or person
in chargre of and every Veterinary practitioner who hasbeen called to treat an
animal that he has reason to believe to be affected with a scheduled disease
shall forthwith report the fact to the Veterinary Officer having jurisdiction in the
area.
20. Keeping or grazing infective animal prohibited. --- No person shall keep or
graze in open or unenclosed land to which the persons have a right of access for
their animals, any animal which be knows to be infective.
21. Bringing of infective animals in market etc., prohibited No person shall bring
or attempt to bring into any market, fal exhibition or other concentration of
animals any animal which knows to be infective.
22. Placing of carcass of infective animals in river etc., probibited - No person
shall place or cause or permit to be placed in an river, lake canal or other water
the carcass or any part of the carcass of any animal which at the time of its
death, was infective.
23. Disinterring without lawful authority carcass of an prohibited. No person shall
without lawful authority disinter cause to be disinterred the carcass or any part of
the carcass of any animal which, at the time of itsdeath, was infective.
24. Power of entry and inspection - Subject to such rules as may be prescribed,
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 revocery of expenses. (1) Where by any notice,
requisition or order made under this Act or under any rule or notification issued
there under, any person is required to takeany measures or to do anything in
respectof any property owned or occupied 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 thing shall be done, as the case may be.
(2) If such measures are not taken or such thingis not done within the time so
specified, the authority issuing the notice, requisition or order may cause the
measures to be taken or the thing to be done at the cost of the person
concerned.
(3) The cost of any measures taken or thing done under sub section(2) shall be
recoverable from the person concerned in the manner provided by the Code of
Criminal Procedure,1898, (Central Act V of 1898 ) for the recovery of fines as if
such costs were a fine imposed by a Court.
26. Power of Veterinary Surgeon to decide whether or not animal is infective. If
any question arised under this Act whether or not an animal is an infective animal
or is affected with a scheduled disease, the question shall be decided by the
Veterinary Surgeon and his decision shall be final.
27. Penalties. -- Whoever --(I) fails to carry out any direction specified in, or contravenes the terms of,
any notification issued uncder section 5 or brings into the State any animal in
contravention of the provisions of sub-section (2) thereof, or
(ii) fails to feed or look after the upkeep of an animal under sub-section(4)
ofsection 7 or fails to produce the permit under sub-section (5) thereof or
(iii) fails tocomply with an order made by a Veterinary Officer under section 8orby
an Inspectorunder sub-section(1) of section 9, or
(iv) removes any animal or thing from an infected are or place in contraavention
of the provisions of section14, 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 tocomply with an order made by a Veterinary Surgeon under section
17, or
(viii) fails to report that an animal is infective as rquired by section 19, or
(ix) keeps or grazes any animal which he knows to be infective in contravention
of the provisions of section 20, or
(x) brings orattempts to bring any animal which he knows to be infective in
contravention of the provisions of section21, 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 infective in contravention of the
provisions of section 23,
shall on conviction be punished with fine which may extend , in the case of a
first conviction , to fifty rupees and , in the case of a second or subsequent
conviction whether under the same or any other clause of this section, to two
hundred rupees or with simple imprisonment jump to fifteen days 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 the
carcass or any part of the carcass of any animal which at the time of its death
was 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 hundreded
rupees or with both and, in the case of a subsequent conviction with
imprisonment for a term which may extend to six months, or with fine which may
extend to five hundred rupees or with both.
29. Penalty for vaxatious entry, inspection and seizure. -- (1) Whoever, being an
Inspector or a Veterinary Survgeon, appointed under this Act, vexatiously and
unnecessarily enters or inspects any land, building or other place or any vessel
or vehicle or seizes or detains any animal shall, on conviction, be punished with
imprisonment for a term which may extend to three months or with fine which
may extend to two hundred rupees or with both.
(2) No prosecution under this section shall be instituted after the expiry of
three months from the dateof the commission of the offence.
30. Officers bound to assist Inspectors and Veterinary Surgeons. All village
officers and all officers of the State revenue, agriculture, development and
veterinary departments shall be bound--(a) to give immediate information to the Veterinary Surgeon and Inspector
having jurisdiction in the area regarding the prevpalence of a scheduled disease
among animals in the area,
(b) to take all necessary measures to prevent the spread of such disease,
and
(c) to assist the Veterinary Survgeon and Inspector to carry out the
provisions of this Act.
31. Power of seizure.Any Veterinary Officer or any Police Officer not below such
rank as may be prescribed may seize any animal in respect of which an offence
under this Act hasbeen or is reasonably suspected to have been committed
32. Institution of proceedings.--- No Magistratge shall take cognizance of any
offence punishable under this Act other than the offence punishable under
section 29 except upon the complaint of a Veterinary Surgeon.
33. Jurisdiction of Magistrate.- No Magistrate, other than a Magistrate of the first
class or a Magistrate of the second class specially empowered in this behalf by
the State Government , shall try any offence punishable under this Act.
34. Bar of claim to compensation. --No person shall be entitled to any
compensation on account of the destruction of any thing under the provisions of
this Act or of any loss injury or inconvenience caused to him by reason of
anything lawfully done under this Act.
35. Officers to act subject to order of Government. officers shall exercise the
powers and performs the duties Conform orders, not inconsistent with the
provisions of this Act, as the Government may from time to time make.
36. Protection for action taken under this Act.- No suit, secution or other legal
proceeding shall lie against any person anything done or intended to be done
in good faith under this or the rules made thereunder.
37. Rules.---(1) The State Government may make rules the purpose of carrying
into effect the provisions of this Act.
(2)In particular and without prejudice to the generalit the foregoing power
such rules may be made for all or any of following matters, namely :(i) the manner of marking animals under sub-section the period of
detention undersub-section (3), the amount fee for the vaccination and marking
of animals under section (4) and the form of permit under sub-section (5) section
7;