RAJASTHAN ANIMAL DISEASES ACT, 1959 THE RAJASTHAN ANIMAL DISEASES ACT, 1959 [Act No. 5 of 1959] [ 15th January, 1959] An Act to provide for the prevention and control of disease affecting
animal. Be it enacted by the
Rajasthan State Legislature in the Ninth Year of the Republic of India as
follows:- (1)
This Act may be called the Rajasthan Animal Disease Act, 1959. (2)
It extends to the whole of the State of Rajasthan. (3)
It shall come into force at once. In this Act, unless the
subject or cont otherwise requires, -- (a)
?animal ? means any species of cattle or bird, when ?domesticated
or not, kept in confinement; (b)
?bird? includes fowls, geese, chicks and the like a the eggs
thereof; (c)
?buffalo? includes a she-buffalo and the young of a buffalo; (d)
?infected area? means the area declared under sect. 13 to be
infected with a scheduled disease; (e)
?infective animal? means an animal which is affect with a
scheduled; disease or has recently been in contact with or close proximity to,
an animal so affected; (f)
?scheduled disease ? means any disease specified in Schedule to
this Act; (g)
?veterinary officer? includes an Inspector as well as Veterinary
Surgeon appointed under section 3. (1)
The State Government may, by notification in the official gazette
appoint Veterinary Surgeons and Inspectors for all or any of purposes of this
Act and may also specify in such notification the a within which each of them
shall exercise his powers and perform duties under the Act. (2)
A Veterinary Surgeon shall within the area for which is appointed
exercise in addition to his powers as a Veterinary Surgeon all the powers which
an Inspector may exercise under this Act. Every Veterinary Surgeon
and every Inspector appoint under this Act shall be deemed to be a public
servant within meaning of section 21 of the Indian Penal Code (Central Act XLY
1860). (1)
For the purpose of preventing the outbreak or spread of a
scheduled disease, the State Government may, by notification in a official
Gazette, prohibit, control or regulate in such manner and such extent as it
thinks fit ---- (a)
the movement of any animals or the carcasses then or of any part
of animals or carcasses thereof or any fodder or other thing used in connection
with such animals which may, in the opinion of the state Government, carry
infection; (b)
the sale of or other dealings in any animals or the carcasses
thereof which at the time of their death were infective or any fodder or other
thing used in connection with such animals which may in the opinion of the
State Government carry infection; (c)
the bringing from any neighbouring State or specified place or
places therein into the State of Rajasthan or into any specified place thereof
of any animal alive or dead or of any part of such animal or of any other thing
which may in the opinion of the State Government carry infection; or (d)
the taking into any neighbouring State or any specified place or
places therein of any such animal or part of such animal or other thing from
the State of Rajasthan or any part thereof; or (e)
the removal from any specified part of the State of Rajasthan of
any such animal or part of such animal or thing to any other part of the State
of Rajasthan. (2)
for the purpose aforesaid, the State Government may, by like
notification, specify the season or seasons during which and the route or
routes by which any animals may be brought into the State and no person shall
bring such animals into the State otherwise than during the season and by the
route so specified. For the purpose of
preventing the outbreak or spread of any scheduled disease the State Government
may, by notification in the Official Gazette, prohibit or regulate in such
manner and to such extent as it thinks fit the holding of animal markets,
animal fairs, animal exhibitions or other concentrations of animals in any area
specified in such notification. (1)
The State Government may establish quarantine stations for the
inspection and detention of animals along the routes specified under
sub-section (2) of section 5. (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
of 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 from 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 when ever required to do so by
an Inspector or a Police Officer. For the purpose of
preventing the outbreak or spread of any scheduled disease a Veterinary Officer
may order any sick of unhealthy animal to be vaccinated or inoculated or
treated in such manner as the thinks fit. (1) Where
Inspector has reason to believe that any animal is infective he may by order in
writing, direct the owner or person in charge of such animal to keep it where
it is for the time being or to remove it can allow it to be removed to such
place of isolation or segregation or to such closed place as may be specified
in the order: Provide that where there is
no person in charge of the animal 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 or to a closed place. (2) The
Inspector shall forthwith report to the Veterinary Surgeon every order of
seizure under sub-section (1) (1)
On receipt of a report under subsection (2) of section 9 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 infective, the Inspector
shall forthwith return it to the person who, in his opinion, is entitled to
this 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 as may be prescribed, or (b) certifies
in writing that any animals is infective or is affected with a scheduled
disease, the animal shall be dealt within such manner as may be prescribed. (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. After such 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. (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. (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 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 railway station, as the
case may be; and (c)
forthwith report the action taken by him to the prescribed
authority. (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 section 12 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 to be 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 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. (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. (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 carriage
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). 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 animal 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. (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 cleansed and disinfected in the prescribed manner. 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. Subject to such 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 have been infective, and for this purpose he made
cause the carcass of such animal to be exhumed. Every owner or person in
charge of and every Veterinary practitioner who has been 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. 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. No person shall bring or
attempt to bring into any market, fall exhibition or other concentration of
animals any animal which knows to be infective. 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. 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 its death, was infective. 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. (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 respect of 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 thing is 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. 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. Whoever --- (i)
fails to carry out any direction specified in, or contravenes the
terms of, any notification issued under 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) of section 7 or fails to produce the permit under sub-section
(5) thereof or (iii)
fails to comply with an order made by a Veterinary Officer under
section 8 or by an Inspectorunder sub-section (1) of section 9, or (iv)
removes any animal or thing from an infected are or place in
contravention 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 (ix)
keeps or grazes any animal 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 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. 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
hundred 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. (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 date of the commission of the offence. 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 prevalence 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. 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 has been or is reasonably
suspected to have been committed. 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. 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. 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. 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. 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. (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 under sub-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; (ii)
the test to which an animal may be submitted sub-section (1) and
the manner in which an animal may dealt with under sub-section (2), of section
10; (iii)
the authority to be prescribed for the purpose sections 11, 12 and
13; (iv)
the periods at which and the manner in which vessels and vehicles
shall be cleansed and disinfected under section 16; (v)
for disinfecting land building or other place vessel or vehicle
under section 17, (vi)
the making of post-mortem examination under section 18; (vii)
for regulating the powers of an Inspector undersection 24; (viii)
the compulsory inoculation of any animals in district or area; (ix)
the disinfection of contact animals or animal infected area; and (x)
all matters which may be or are required by provision of this Act
to be prescribed. All rules under section 37
shall be subject to the condition of their being made after previous
publication, shall, when so made, be laid before the House of the State
Legislaturre at the session thereof next following and shall be liable to be
rescinded or modified by a resolution of that House, and the rescission or
modification shall, after publication by notification in the Official Gazette,
be deemed to have come into force. The State Government may,
by notification in the Official Gazette, delegate to any officer or authority
subordinate to it all or any of its powers under this Act except the powers under
sections 37 and 40. The State Government may,
by notification in the Official Gazette, add to or omit from the Schedule any
animal disease and the said disease shall from the date of the notification be
deemed to have been added to or omitted from the Schedule. The Madhya Bharat Animal
Contagious Diseases Act. 1955 (No. 21 of 1955) in so far as it applies to the
Sunel area, the Bombay Animal Contagious Disease Act, 1948, in so far as it applies
to the Abu area and all other corresponding laws in force in any part of the
State are hereby repealed: Provided that any action
taken or order made under any such Act or law shall be deemed to have been
taken or made, as the case may be, under this Act. THE SCHEDULE (See section 2, clause (f)) 1.
Rinderpest or cattle plague. 2.
Foot and Mouth Disease. 3.
Hoemorrahagic Septicaemia. 4.
Blackquarter. 5.
Anthrax. 6.
Tuberculosis. 7.
Johne?s Disease. 8.
Rabies. 9.
Glanders and Farcy. 10.
Epizootic Lymphangitis. 11.
Dourine. 12.
Surra. 13.
Anaerobiasis in sheep and cattle. [1]14. Swine
Fever.
Preamble 1 - THE RAJASTHAN ANIMAL DISEASES ACT, 1959PREAMBLE