PUNJAB LIVESTOCK AND BIRDS DISEASES ACT, 1948

Preamble - THE PUNJAB LIVESTOCK AND BIRDS DISEASES ACT, 1948

 

THE PUNJAB LIVESTOCK AND BIRDS DISEASES ACT, 1948

[Act No. 47 of 1948]

[20th November  1948]

PREAMBLE

An Act to provide for the prevention and control of [1] [diseases] affecting livestock and birds.

Whereas it is expedient to provide for the prevention and control of [2] [diseases] af?fecting livestock and birds, it is hereby enacted as follows :-

Section 1 - Short title, extent and commencement

[3] [(1) This Act may be called the Punjab Livestock and Birds Diseases Act, 1948.

(2) ??It extends to the whole of the [4] [State] of [5] [Haryana].

(3) ??This section shall come into force at once and the [6] [State] Government may by notification brief the rest of the Act, or any part of it, into force in the [7] [State] or in any area in the [8] [State] on such date and for such period as may be specified in the notification.]

Section 2 - Power to exempt areas frond the provisions of this Act

Notwithstanding anything contained in section [9], the [10] [State] Government may by notification exempt any area from any or all of the provisions of this Act, or direct that any provision of this Act shall apply to any area with such modifications as may be specified.

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context, -

[11] [(a) 'livestock' means all domesticated animals maintained on farms or by indi?viduals including horses, donkeys, mules, elephants, cattle, buffaloes, goats, sheep, dogs, cats or such other animals as may from time to time be specified by the State Government by notification;

(aa) 'bird' means a domesticated fowl, goose or chick, and includes such other bird as may from time to time be specified by the State Govern?ment by notification;]

(b) ??'an infective [12] [livestock or bird]' is one which is affected with a scheduled dis?ease or has recently been in contact with or in close proximity to [13] [livestock] or bird so affected;

(c) ??'prescribed' means prescribed by regulations or rules made under this Act;

(d) ??'scheduled disease' means any disease for the time being included in the schedule in Appendix I.

Section 4 - Scheduled Diseases

The diseases specified in the Schedule in Appendix I hall in the first instance be scheduled diseases for the purpose of this Act, but the [14] [State] Government may, by notification -

(a)      delete any entry from the Schedule, or

 

(b)      include in the Schedule any communicable disease of [15] [livestock or birds] to which it is expedient in their opinion that the provisions of this Act should apply:

 

Section 5 - Veterinary Surgeons

(1)     The [State] Government may either by name or des?ignation appoint any person holding the office of veterinary Assistant and Veterinary Assistant Surgeon, or any graduate of the recognized veterinary college whom they think fit to be 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 his 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.

 

Section 6 - Inspectors

The State Government may either by name or 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 within which he shall exercise the powers and perform the duties incidental to such purposes.

 

Section 7 - Status of Veterinary Surgeons and Inspectors

Any person appointed under section 5 or section 6 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

 

Section 8 - Powers of Inspectors

An Inspector may, subject to any rules made in this be?half by [State] Government, enter and inspect any land or building or other place or any vessel or vehicle, for the purpose of exercising the powers or performing the du?ties conferred and imposed on him by or .under this Act.

Section 9 - Power to regulate inter-State trade and control1 transport of livestock or birds and things which may spread diseases

(1)     The [16] [State] Government for the purposes of preventing the outbreak or spread of any scheduled disease, may, by no?tification prohibit or regulate in such manner and to such extent as they may think fit-

 

(a)      the bringing o taking into the [State] of [17] [Haryana] or any specified place therein of any - [livestock or birds], alive or dead or of any parts of [18] [livestock or bird], or of any kind of fodder, bedding or other things which may, in their opinion, carry infection;

 

(b)      the removal from any specified part of the [State] of [19] [Haryana] of any such parts of [20] [livestock or birds], or things.

 

 

(2)     The [State] Government may, by notification, specify the season or seasons during which and the route or routes by which [livestock or birds] may be imported into the [State] and no person shall import [livestock or birds] into the [State] other?wise than during the season and by the route so appointed.

 

(3)     The [State] Government may establish quarantine stations 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 necessary, marking and issuing of a permit for the release of [livestock or birds] from the station shall be such as may be prescribed by the [State] Government.

 

(5)     The [livestock or birds] so detained shall remain under the care of the person incharge 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 [State] Govern?ment.

Section 10 - Power to control the holding of markets, fairs, etc.

The [State] Govern?ment, for the purpose of preventing the outbreak or spread of any scheduled disease, may, by notification, prohibit or regulate, in such manner and to such extent as it may think fit, the holding of [21] [markets, fairs, exhibitions or other concentrations of live?stock or birds] in any specific area.

Section 11 - Power to control traffic in infective livestock or birds

 

Power to control traffic in infective [22] [livestock or birds]

The [State] Gov?ernment may by regulations prohibit or limit the sale of or other traffic in infective [livestock or birds] or in the carcasses of [23] [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.

 

Section 12 - Cleansing and disinfections of vessels and vehicles

(1)     Every vessel or vehicle used by a common carrier for the transport of [24] [livestock or birds] shall be cleansed and disinfected periodically in such manner as the [State] Government may by regulations prescribe.

 

(2)     The [State] Government may appoint places, where an Inspector may detain and inspect any such vessel or vehicle and, if it is not in a sanitary condition, the In?spector may require it to be cleansed and disinfected in the manner prescribed within such time as he may appoint.

 

(3)     If such vessel or vehicle is not so cleansed and disinfected within the appointed time the Inspector may cause it to be cleansed and disinfected at the expense of its owner.

 

(4)     This section shall not apply to the rolling stock of any railway or any aircraft.

Section 13 - Duty of certain persons to report scheduled disease

Every owner or person in charge or every person bringing into the [State] of [25] [Haryana] and every veterinary practitioner who has been called to treat a [26] [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.

 

Section 14 - Power of Veterinary Surgeon to hold post-mortem

Subject to such rules as may be made in this behalf by the [State] Government the Vete4inary Surgeon may make or cause to be made a post-mortem examination of any [27] [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.

 

Section 15 - Power to isolate infective livestock or birds

 

Power to isolate infective [28] [1ivestock 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 to remove it or allow it to be removed to such place of isolation or segregation and 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 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 [livestock or bird] and remove it to a place of isolation or segregation.

(2)     The Inspector shall forthwith report every order or seizure under this section to the Veterinary Surgeon.

 

Section 16 - Examination by the Veterinary Surgeon

On receipt of report under sub?section (2) of section 15 the Veterinary Surgeon shall examine the [29] [livestock or bird] 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 [live?stock or bird] to any test which the [30] [State] Government may by regulations prescribe in this behalf.

 

Section 17 - Action after examination by the Veterinary Surgeon

(1)     If after such ex?amination the Veterinary Surgeon is of opinion that any [31] [livestock or bird] is not infective, the Inspector shall forthwith return it to the person who in his opinion is en?titled 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 [State] Government may by rules pre?scribe in this behalf.

(2)     If after such examination, the Veterinary Surgeon certifies in writing that any [livestock or bird] is affected with a scheduled disease, deal with it in such other man?ner as the [State] Government may, by rules, prescribe in this behalf

 

(3)     If, after such examination, the Veterinary Surgeon certifies that the [livestock or bird] is infective though not diseased the [livestock or bird] shall be dealt with in such manner as the [State] Government may, by rule, prescribe in this behalf.

 

Section 18 - Compensation for livestock or birds destroyed

Compensation for [32] [livestock or birds] destroyed

Compensation may be paid to the owner of [livestock or bird] if destroyed under section 17, and such com?pensation shall be determined in accordance with rules to be made in this behalf by the [State] Government :

Provided that -

(i)       no compensation shall be paid in respect of any person convicted of any offence punishable under this Act, committed in respect of such [live?stock or bird];

 

(ii)      no compensation shall be paid in respect of any [livestock or bird] which, when it was brought into the [State] of [33] [Haryana], was affected with the disease on account of which it was destroyed.

Section 19 - Power to require disinfections of infected premises, vessels or vehicles

(1)     Subject to rules to be made in this behalf by the [ State] Government, the Veterinary Surgeon may, by order in writing, require the owner, occupier or person irk charge of any building, yard, vessel or vehicle in which there has been an infective [34] [livestock or bird] to have such building, yard, 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.

 

(2)     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 disinfected or destroyed at the expense of the owner.

 

Section 20 - Declaration of private in1fected places

(1)     If the Inspector has reason to be?lieve that there is an infective [35] [livestock or bird] in any field, yard or building in which [livestock or bird's] are kept, temporarily 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, occupier 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 railway administration or to any airfield where [livestock or birds] are temporarily kept for sale, exhibition or in transit.

 

Section 21 - Examination of infected place by Veterinary Surgeon

 

(1)     Tip Veterinary Surgeon shall, as soon as possible, examine the infected place and the [36] [livestock or bird] kept therein, and may cancel or confirm the order of the Inspector.

 

(2)     If he confirms the order he may cause notice to be served on the owners, occupiers or persons in charge of all places in which [37] [livestock or birds] are kept temporarily or otherwise, within a radius not exceeding one mile from the infected place, declaring such place to be infected places.

The Veterinary Surgeon shall forthwith report his action under this sub- section to the authority prescribed by the [State] Government in this behalf.

Section 22 - Declaration of public infected places

(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 local authority, or railway administration or aircraft company an where [livestock or birds] are temporarily kept for purposes of sale, transit or exhibition, he may, by order in writing, declare such place to be an in?fected place.

 

(2)     The Veterinary Surgeon shall cause a copy of such order, in the vernacular of the locality, to be exhibited prominently in the infected place, and he shall deliver copies at the office of the local authority, or to the nearest station master of the rail?way administration, or to the officer-in- charge of the air-field as the case may be and shall also send a copy to the nearest police station; and he shall report his action forth?with to the authority prescribed by the [State] Government in this behalf.

Section 23 - Declaration of infected areas by the State Government

(1)     On receipt of the report of the Veterinary Surgeon under sub-section (2) of section 21 or under sub?section (2) of section 22 and after such further inquiry, if any, as it may think fit, the [State] Government ?

 

(a)      may cancel any declaration made under section 20, 21 or 22; or

 

(b)      may confirm such declaration either with or without modifications.

 

 

(2)     Where the [State] Government cancels any declaration, the Inspector shall give notice of the cancellation to all persons to whom copies of such declaration were de?livered or on whom notices of such declaration were served.

 

(3)     Where the [State] Government confirms such declaration either with or without modifications the [State] Government shall, by notification defining the limits of the area to which the notification shall apply, declare such area to be an infected area.

 

(4)     On the issue of such notification any place declared by the Inspector or Veteri?nary Surgeon to be an infected place and not included in the infected area so defined shall cease to be an infected place, and the Inspector shall give notice accordingly to the owner, occupier or person in charge of such place.

 

(5)     The Inspector shall cause to be exhibited in some prominent place in the in?fected 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 no?tification adding to, amending, varying or rescinding such notification.

Section 24 - Removal of livestock or birds and other things from infected areas or places

Removal of [38] [livestock or birds] and other things from infected areas or places

(1)     No person shall remove from any infected area or place any [39] [livestock or bird], dead or alive, or any part of [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 license 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 :

Provided that where any [livestock or bird] or other thing described in sub-section (1) while in transit through an infected area or place is unloaded therein, it shall not be removed there from save in accordance with sub-section (1).

 

Section 25 - Power to return livestock or bird, etc, to infected areas

Power to return [40] [livestock or bird], etc, to infected areas

Where any [41] [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 or person in charge of such [42] [livestock or bird] or thing to return it to such area 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 [43] [livestock or birds].

Section 26 - Time for complying with and enforcement of orders

Where by any notice, requisition, or order under this Act or under any notification or rule issued there under any person is required to take any measures or to do anything in respect of any prop?erty 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.

Section 27 - Recovery of expenses incurred under this Chapter

Where any action may be taken under this Chapter in respect of any property at the expense of the owner thereof, the officer taking such action may frame a certificate stating the amount of the expense incurred 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 thing fit, recover such amount as if it were a fine imposed by him on such person.

Section 28 - Penalties for contraventions of Acts, Regulations and Rules

Whoever, -

(a)      removes from any part of the [State] of [44] [Haryana] any [45] [livestock or bird], alive or dead, or any part of [46] [livestock or bird], or any fodder, bedding or other thing in contravention of a notification issued under section 9, or imports [47] [livestock or bird] in contravention of sub- section (2) of that section;

 

(b)      holds or promotes or takes part in any market, fair, exhibition or other concen?tration of [48] [livestock or birds] in contravention of a notification issued under section 10;

 

 

(c)      sells or otherwise traffics in, or attempts to sell or traffic in, an infective [49] [live?stock or bird], or in anything mentioned in section 11 which may carry infec?tion, or the carcass of a [50] [livestock or bird] which at the time of its death was infective in contravention of section 11;

 

(d)      being a common carrier fails to cleanse or disinfect any vessel or vehicle used for the transport of [51] [livestock or birds] in such manner as may be required un?der subsection (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 report that [52] [livestock or bird] is infec?tive;

 

(f)       fails to comply with an order made by an Inspector under sub- section (1) of section 15;

 

 

(g)      fails to comply-with an order made by the Veterinary Surgeon under Section 18A or under sub-section 19;

 

(h)     removes any [53] [livestock or bird] or thing from any infected place in contraven?tion 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 hun?dred rupees.

Section 29 - Penalty for keeping or grazing infective livestock or bird in unenclosed land

 

Penalty for keeping or grazing infective [54] [livestock or bird] in unenclosed land.

Whoever keeps or grazes in or on any forest, open field, road side, or other unenclosed land to which other persons have a right to access for their [livestock or birds] any [livestock or birds] 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 of second or subsequent conviction to five hundred rupees.

 

Section 30 - Penalty for bringing infective livestock or birds to market

Penalty for bringing infective [55] [livestock or birds] to market

Whoever brings or attempts to bring into any market, fair, exhibition or other concentration of [livestock or birds] any [livestock or birds] which may extend in the case of a first conviction to one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees.

Section 31 - Penalty for placing carcass of infective livestock or bird in river

Penalty for placing carcass of infective [56] [livestock or bird] in river

Who?ever places or causes or permits to be placed, in any river, canal or other water, 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 in?fective shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend in the case of a first conviction to one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees, or with both imprisonment and fine.

 

Section 32 - Penalty for disinterring carcass of diseased livestock or bird

Penalty for disinterring carcass of diseased [57] [livestock or bird].

Whoever, without lawful authority, disinters or causes 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 or being infective shall be punish?able with fine which may extend in the case of a first conviction to one hundred rupees or in the case of a second or subsequent conviction to five hundred rupees.

Section 33 - Penalty for malicious and vexatious entry or seizure by Inspector

(1)     Whoever being an Inspector maliciously and vexatiously enters or inspects any land or building or other place or any vessel or vehicle or seizes or detains any [58] [livestock or bird] shall be punishable 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 instituted after the expiry of one month from the date on which the offence is alleged to have been committed.

 

Section 34 - [Omitted]

[Omitted by Punjab Act 33 of 1961, Section 9.]

 

Section 35 - 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 [59] [or the Inspector.]

Section 36 - Jurisdiction of Magistrates

No Magistrate shall try any offence under this Act unless he is a [60] [Judicial Magistrate of the First Class or a Judicial Magistrate of the second class specially empowered in this behalf by the High Court.]

Section 37 - 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 [61] [livestock or bird] and 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.

Section 37A - Delegation

[62]The State Government may, by notification, delegate all or any of its powers under this Act to any of its officers.

Section 38 - Power of State Government to make regulations and rules

(1)     The [State] Government may make [63] [rules] consistent with this Act for all or any of the following purposes namely :-

 

(a)      to prescribe the qualifications for appointments of Veterinary Surgeon for the purpose of this Act;

(aa) 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 con?centrations of [64] [livestock or birds] under section 10;

 

(c)      to appoint places for the disinfections of vessels or vehicles under sub-section (2) of section 12 and for the isolation or segregation of [65] [livestock or birds] under section 15;

 

(d)      to regulate post mortem examination of [66] [livestock or birds] under section 14, and the disposal of [67] [livestock or birds] under sub- sections (1), (2) and (3) of section 17;

 

(e)      to provide for the determination of the compensation payable under section 18;

 

(f)       to regulate the exercise of the powers of the Veterinary Surgeon and Inspector under Section 19;

 

(g)      to prescribe the authority referred to in sub-section (2) of section 21 and subsection (2) of section 22;

 

(h)     to prescribe the form and contents of the licenses to be granted by an Inspector under section 24 and circumstances under which they may be granted;

 

(i)       to prescribe scales of charges to be followed in certificates under section 27 for expenses incurred on behalf of an owner;

 

 

(j)       to regulate the isolation, detention, treatment (including sterilization and in?oculation), and disposal of [68] [livestock or birds] which are infective or sus?pected of being infective, 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; or

 

(m)    to prohibit or regulate the entry into the [State] of [69] [Haryana] or any specified part or place thereof and the movement from one place to another, in the [State] of [70] [Haryana] of [71] [livestock or birds] alive or dead, or parts of [72] [livestock or birds] or fodder, bedding or other thing;

 

(n)     to prohibit or limit sale or traffic in infective [73] [livestock or birds] or carcasses of infective [74] [livestock or birds];

 

(o)      to regulate the disinfections of vessels or vehicles used by common carriers, the cleansing and disinfections of buildings, yards and other places used for [75] [live?stock or birds] and the destruction of infected matter or things found therein or near thereto;

 

(p)      to prescribe the tests to be applied to [76] [livestock or birds] suspected of being infective;

 

(q)      to prescribe the manner in which [77] [livestock or birds] shall be destroyed, and the manner in which carcasses or parts of carcasses, fodder, bedding or other things seized under the Act shall be disposed of; and

 

(r)      to prescribe the period of detention and the amount of fee for vaccination and marking at the inter-[State] quarantine stations.

 

 

(2)     In making a rule under this section the [State] Government may direct that a breach of it shall be punishable with fine which 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.

Section 39 - Power to make regulations and rules subject to previous publication

(1)     (1)The power to make regulations and rules conferred by this Act is given subject to the condition of the regulations or rules being made after previous publication.

 

(2)     All regulations and rules made by the [State] Government under this Act shall be published in the official Gazette.

Section 40 - Protection to persons acting under this Act

No suit, prosecution or other legal proceeding shall lie against any person for anything which in good faith done or intended to done under this Act.

Appendix I - APPENDIX I

 

APPENDIX I