Section 8 in The Bengal Diseases Of Animals Act, 1944
8. Compulsory segregation and [treatment of livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] in infected areas.
(1)Where a [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.], after due examination of [the livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] and such enquiry into the circumstances of the case as may be necessary, is of the opinion that such [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] is infective, he may by order in writing direct the owner or person in charge or having control of such [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.],-(a)to keep it where it is for the time being, or to remove it or allow to be removed to such place of isolation or segregation as may be specified in the order;(b)to subject it to such treatment as may be specified in the order;and such owner or person in charge or having control of such [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] shall comply with such order:Provided that where there is no person in charge or having control of the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] and the owner is either unknown and cannot be ascertained without undue delay, or the order cannot be communicated to him without undue delay or the owner or person in charge or having control of the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] fails to comply with the order within such time as in the opinion of the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] is reasonable, the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] shall seize the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] and remove it to a place of isolation or segregation and may subject it to such treatment as may be necessary.(2)If the owner of [the livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] seized under the proviso to sub-section (1) or his authorized agent applies in the prescribed manner for the return of such [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] to his possession, the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] shall be so returned if such owner or his authorized agent pays any expenses, calculated in the prescribed manner, incurred for the upkeep of the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] up to the date of its release:Provided that on the release of the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] the owner or his authorized agent, as the case may be, shall comply with any order which the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] may see fit to issue under sub-section (1).(3)If the owner of [the livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] seized under the proviso to sub-section (1) or his authorized agent does not apply for the release of the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] under sub-section (2) and the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] is, in the opinion of the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.], no longer likely to infect any other [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] with the contagious disease in respect of which it was seized, the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] shall send the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] to the nearest cattle pound or deal with it in such manner as may be prescribed.(4)Notwithstanding anything in sub-sections (1), (2) and (3) if the [Veterinary Officer] [Substituted by Act No. 9 of 2008, dated 17.4.2008.], after due examination of any [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.], certifies in writing that such [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] is affected with any of such contagious diseases as may be prescribed in this behalf, he may destroy the [livestock] [Substituted by Act No. 9 of 2008, dated 17.4.2008.] or deal with it in such other manner as may be prescribed.
