In
exercise of the powers conferred by section 36 of the Jammu and Kashmir Animals
Diseases (Control) Act, Svt. 2006, the Government hereby make the following
rules, the same having previously been published as required by sub-section (4)
of the said section, namely:- These rules may be called the
Jammu and Kashmir Animal Diseases (Control) Rules, 1960. In these rules, (a) "Act" means the Jammu and Kashmir Animal Diseases (Control)
Act, Svt. 2006; (b) "Mallein test" means testing of a Horse, mule or an ass with
mallein intradermopalpabral method or any other method approved by the
Government from time to time to determine whether the animal is affected with
Glanders and Farcy. The prescribed authority under
sections 11(3), 12(d), 13(1) and 13(2) of the Act shall mean the Director of
Animal Husbandry. After the declaration of an
infected place, the Veterinary Surgeon Shall, if he considers necessary, arrange
for the establishment of an isolation pound under his charge within a
convenient distance of the infected place and the Inspector shall be appointed
the keeper of the pound; provided that the Veterinary Surgeon shall not confirm
an order of the Inspector under section 9 of the Act until the existence of
Anthrax/Haemorrhagic/Septicaemia/Blackquarter has been confirmed by
microscopical examination. After the establishment of an
isolation pound the Veterinary Surgeon shall direct the owner or other persons
incharge of an animal affected with Rinderpest, Anthrax, Haemorrhagic,
Septicaemia or Black-quarter or one which is infective though not apparently
diseased, to remove it to the pound, where it shall remain until such time as
the Veterinary Surgeon considers necessary. The Veterinary Surgeon may direct
that an infective animal or any animal of the locality shall be subject to
inoculation with anti-serum alone every ten days while it remains infective or
to vaccination against the disease. From the time when an animal
is placed in an isolation pound, the keeper shall arrange for the feed and keep
and medicinal treatment of the said animal, unless the owner or the person
incharge thereof desires to arrange for feed and keep himself; provided always
that such feed shall be such as the keeper may approve or direct. When an animal impounded as
aforesaid recovers from the disease from which it is suffering or suspected to
be suffering, the owner or the person incharge thereof shall, before the animal
is released, pay against receipt the keeper the actual cost of the feed and
keep of such animal, and if he fails to pay the expenses aforesaid, the animal
shall be sold by auction and the sum realised by the sale, after deducting the
amount of expenses shall be paid to the owner or the person who was incharge of
the animal. When an animal dies while in
the isolation pound, it shall be the duty of the keeper to have the carcasses
of the said animal, after slashing the hide either burnt or buried in lime six
feet below the surface of the ground at Government expenses. In case of any
other ruminating animal dying within an infected place it shall be the duty of
the owner or the person incharge of the animal to deal with the carcasses in
the aforesaid manner, failing which it shall be disposed of by the keeper at
the expense of the owner or, is such person is unknown, at Government expenses. (i) The Inspector shall not grant a licence for the removal of an animal from an infected place until seven days have elapsed since the
animal ceased to be infective and then too only if it has been subjected to an
inoculation with Serum or Vaccine. (ii) If such animal be a lactiferous female, its milk or any of its products,
shall not be exposed for sale, unless the milk or the products have been
previously pasteurised or boiled. On receiving a report from the
Veterinary Surgeon to the effect that Rinderpest, Anthrax, Haemorrhagic
Septicaemia, or Blackquarter is known to exist in any locality, the Deputy
Commissioner, Tehsildar or Naib-Tehsildar shall order that the all cattle,
sheep, goat and buffaloes within such area as he shall describe, shall be
detained or isolated in such manner and during such period as he may be advised
by the Veterinary Surgeon. The Veterinary Surgeon may for
the purpose of diagnosis or detecting the disease take or cause to be taken
from any animal such specimen and apply such tests as he may consider
necessary. The Government may by
notification in the Government Gazette, direct compulsory vaccination and
marking by branding, tatooing, punching or by any suitable methods the
vaccinated stock in the presence or absence of an outbreak of the disease in
any district or area in respect of any animal whenever it deems necessary for
the control of Rinderpest, Anthrax, Haemorrhagic Septicaemia or Black-quarter. No fee shall be recoverable
for inoculation carried out in accordance with the provisions of the Act. The owner or person incharge
of an animal which is affected with or has been exposed to glanders or Farcy
shall not allow it to run at large to come in contract with other animals. Every person having or keeping
in his possession or under his charge any animal affected with or suspected of
Glanders or Farcy, shall with all practicable speed, give notice of the fact of
the animal being so affected or suspected, to the Inspector or if there be no
Inspector at any place nearer than the nearest police station to that police
station and the officer incharge of the station shall forthwith transmit the
information to a Veterinary Surgeon under this Act. The Veterinary Surgeon who
receives information of the existence or who has reasonable grounds to suspect
the existence of the horse, ass or mule infected with Glanders or Farcy at any
place, shall without unnecessary delay and with all practicable speed, proceed
to the place where such diseases according to the information received by him
exists or is suspected to exist, and shall there put in force and discharge the
powers and duties conferred and imposed on him under the Act. A Veterinary Surgeon may
declare to be an infected place within the meaning of the Act any place or
premises where the contagion of Glanders or Farcy is known or suspected to
exist. (i) The Deputy Commissioner, the Tehsildar or Naib-Tehsildar may, if he
thinks it necessary, give public warning by placards, advertisements or
otherwise of the existence of Glanders or Farcy in any place or premises,
building, field or other place and may continue to do so till the place has
been thoroughly cleaned and disinfected or otherwise got rid of the contagion
of Glanders or Farcy. (ii) It shall not be lawfully for any person (without authority or excuse) to
remove or deface any such placard. No horse, ass or mule, shall
be removed out of a place or premises infected of Glanders or Farcy without a
licence issued by the Veterinary Surgeon. The Veterinary Surgeon shall
inspect and subject to Mallein test any horse, mule or ass affected with
Glanders or Farcy or suspected of being so affected or which has been in
contact with animals so affected or suspected of being so affected or which has
been in any way whatsoever exposed to the contagion or infection of the disease
of Glanders or Farcy and for the purpose of taking such inspection or test,
order any such animal to be collected, detained or isolated at the expense of
the owner. Horses, mules or asses
affected with Glanders or Farcy, whether such animals show clinical symptoms of
the disease or react positively to the 'Mallein test' without showing such
symptoms, shall, on an order signed by the Veterinary Surgeon, be forthwith
humanely destroyed, and the carcass after slashing the hides, burnt or buried
in unslacked lime and afterwards water thrown on them, six feet below the surface
of the ground away from water courses at the Government expenses. If the Veterinary Surgeon
decides that the horse, mule or ass under rule 21, should be destroyed by
shooting, he may, if necessary, send a requisition in writing to the Officer In
charge of the nearest police station to depute a police officer who shall
forthwith comply and shoot the said horse, mule or ass under orders of the
Veterinary Surgeon. In the event of the owner
objecting to the destruction of animals which react positively to the 'Mallein
test' but show no clinical symptoms of Glanders and Farcy, the Veterinary
Surgeon may, if he thinks fit order such animals to be kept in close quarantine
and retested. Such retest, however, shall in no case exceed two in number and
is to be completed within one month of the first test; provided, however, that
the owner deciding to have the animals quarantined rather than, destroyed,
bears all expenses connected with quarantine. Horses, mules or asses reacting
positively to the third test with Mallein shall be forthwith destroyed humanely
on an order signed by a Veterinary Surgeon and the carcass thereof disposed of
as provided inRule21. Veterinary Surgeons may permit
owners of horses, mules or asses, which give no reaction to the third test with
'mallein' and which have at no time shown any clinical symptoms of Glanders or
Farcy to retain and use such animals subject to any conditions contained in the
licence issued by the Veterinary Surgeon. The certificate from a
Veterinary Surgeon to the effect that an animal has reacted positively to
'Mallein test' or has shown clinical symptoms of Glanders or Farcy, shall, for
the purposes of the Act, and of these rules, prima facie be evidence in all
courts of law and elsewhere of the matter having been certified. Every yard, stable, outhouse
or other place or premises and every wagon, cart, carriage, car or other
vehicle and every utensil or other thing infected with Glanders or Farcy, shall
be thoroughly cleansed and disinfected by and at the expense of the owner or
the occupier in such manner and to such extent as specified in Form I appended
to these rules. The owners or persons incharge
of animals entering into the Jammu and Kashmir State from outside the State
shall report their doing so to the concerned officer incharge Toll post or the
Veterinary Surgeon or Inspector Concerned. The Toll Officers shall forthwith
report the matter to the Inspector or Veterinary Surgeon who shall quarantine
all animals for a period not exceeding two weeks with a view to ascertain if
such animals carry the infection or any scheduled disease. No animal detained in
quarantine shall be removed from the quarantine station without the permission
of its keeper in Form II appended to these rules and such permission shall be
withheld until the keeper certifies the animal to be free from any scheduled
disease and all charges due on account of the feed and keep of such animal have
been paid. The cost of feed and keep of
the animals during their period of quarantine shall be recoverable from the
owner. When the animal dies while in
quarantine station, it shall be the duty of the keeper of the station to have
the carcass of the said animal, either burnt or buried six feet below the
ground surface at Government expense. If the quarantine animal be a
lactiferous female, its milk or any of its products shall not be exposed for
sale, unless it has been previously boiled. After boiling, it shall be sold by
the keeper and the proceeds of any such sale shall be paid to the owner. If the owner of any animal
makes default in payment of the charges due under rule 30, such animal shall be
sold by auction and from the amount realised by sale, the sum due from the
owner shall be deducted and the balance, if any, shall be paid to the owner;
provided always that if the animal dies while under quarantine, the Government
shall defray the expenses of the disposal of such carcasses. Any animal in the quarantine
station which is unclaimed may be sold by auction by the Inspector after the
lapse of three weeks from the date on which the animal was declared free from
any of the scheduled diseases. From the amount so realised by sale the amount
due from the owner under rule 30 shall be deducted and the balance, if any,
shall be credited to the Government Treasury. If no one is willing to purchase
such animal in auction it may be disposed of at the discretion of the keeper
after obtaining previous sanction from the Veterinary Surgeon and the charges
on account of feed and keep of such animal shall be defrayed by the Government. The keeper of the quarantine
station may demand from the owner of any animal which is to be quarantined an
advance of rupees five towards the cost of the detention of such animal in
quarantine and expenses incidental to such detention, and from this amount the
charges of, or incidental to, such detention shall be deducted and the balance,
if any shall be refunded to the owner. If the owner refuses to pay the above
advance, the animal shall be confiscated and either destroyed or sold by
auction, if and when it is declared free from any of the scheduled diseases,
and out of the amount realised the balance, if any, shall be credited into
Government Treasury. A breach of any of the
provisions of these rules shall be punishable with fine which may extend in the
case of first conviction to Rs. 50 and in the case of second or subsequent
conviction to Rs. 100. THE JAMMU AND KASHMIR ANIMAL DISEASES (CONTROL) RULES,
1960
PREAMBLE