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Bombay Presidency - Act

The Bombay Diseases of Animals Act, 1948

BOMBAY PRESIDENCY
India

The Bombay Diseases of Animals Act, 1948

Act 59 of 1948

Published on 30 November 1948
Commenced on 30 November 1948
[This is the version of this document from 30 November 1948.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Diseases of Animals Act, 1948Bombay Act No. 59 of 1948[30th November, 1948]This Act was extended to that part of the State of Maharashtra to which immediately before the commencement of Maharashtra 3 of 1960, it did not extend (vide Maharashtra 8 of 1960 section 2)For Statement of objects and Reasons see Bombay Government Gazette, 1948 Part 5, Page 475.An Act to provide [the eradication, prevention and control of diseases] [These words were substituted for the words 'the prevention and control of contagious diseases' by Maharashtra 3 of 1960, Section 3 and 4.] affecting animals.Whereas it is expedient to provide for [the eradication, prevention and control of diseases] [These words were substituted for the words 'the prevention and control of contagious diseases' by Maharashtra 3 of 1960, Section 3 and 4.] affecting animals; It is hereby enacted as follows:-

Part I – Preliminary

1. Short title.

- This Act may be called the Bombay [Diseases of Animals] [These words were substituted for the words and brackets 'Animal Contagious Diseases (Control)' by Maharashtra 3 of 1960, Section 5.] Act, 1948.

2. Extent and commencement.

(1)This Act extends to the [State of Maharashtra] [These words were substituted for the words 'Bombay areas of the State of Maharashtra' by Maharashtra 3 of 1960, Section 6(a).].

(2)[Section 1, this section and section 5A] [This portion was substituted for the word 'This section' by Maharashtra 3 of 1960, Section 6(b).] shall come into force at once. The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, from time to time, by notification in the Official Gazette, direct that all or any of the remaining provisions of this Act shall come into force in such area in respect of such scheduled disease and on such date as may be specified in the notification and may be similar notification direct that such provisions shall cease to be in force in any area from such date as may be specified therein.

3. Definitions.

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

(a)"animal" means any domesticated animal or bird, or any animal or bird kept in confinement;

(b)[ "export" means to take out of the State of Maharashtra, otherwise than across a customer frontier. [Clause (b) and (c) were substituted for the original by Maharashtra 3 of 1960, Section 7(a).]

(c)"import" means to bring into the State of Maharashtra, otherwise than across a customs frontier;]

(d)"infective animal" means an animal which is affected with a scheduled disease or has recently been contact with or in close proximity to an animal so affected;

(e)"Inspector" means an inspector appointed under section 4;

(f)"prescribed" means prescribed by rule made under section 36;

(g)"rules" means rule made under section 36;

(h)"scheduled disease" means any disease specified in the Schedule to this Act;

(i)"transport" means to remove to one place from another place within the [State of Maharashtra] [These words were substituted for the words 'Bombay area of the State of Maharashtra' by Maharashtra 3 of 1960, Section 7(b).];

(j)"Veterinary Surgeon" means a Veterinary Surgeon appointed under Section 4.

4. Appointment of Veterinary Surgeons and Inspectors.

(1)The [State] [This words was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government [or the Commissioner in his division] [These Words were inserted by Bombay 8 of 1958, Schedule.] may, by notification in the Official Gazette, appoint a person to be a Veterinary Surgeon for the purposes of this Act for such local area as may be specified in the notification and may specify the area within which he shall exercise the powers and perform the duties of a Veterinary Surgeon under this Act.

(2)The [State] [This words was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government [or the Commissioner in his division] [These Words were inserted by Bombay 8 of 1958, Schedule.] may, by a similar notification in the Official Gazette, appoint a person to be an Inspector for all or any of the purposes of this Act and specify the area within which he shall exercise the powers and perform the duties of an Inspector under this Act.

(3)A Veterinary Surgeon shall, within the area for which he is appointed, exercise all the powers which an Inspector may exercise under this Act and may exercise such powers in addition to his powers as Veterinary Surgeon.

5. Veterinary Surgeons and Inspectors to be public servants.

- Every Veterinary Surgeon and every Inspector appointed under this Act shall deemed to be a public servant within the meaning of section 21 of the Indian Pei Code.

Part II – [Eradication, Prevention and Control] [These words were substituted for the words 'Prevention and Control' by Maharashtra 3 of 1960, Section 8.] of Scheduled Diseases

5A. [ Eradication of diseases in certain areas. [Section 5A was inserted by Maharashtra 3 of i960, Section 9.]

(1)The State Government with the object of eradicating as far as practicable any scheduled disease, may by notification in the Official Gazette-

(a)declare any local area to be an eradication area, and thereupon in such area any class or classes of animals specified in the notification shall be liable to be immunised in the manner described in the notification, and shall also for the purposes of identification be marked in the prescribed manner; and

(b)prohibit or regulate the movement of any class or classes of animals into, or out of, or within, any local area which is for the time being declared to be an eradication area.

(2)For the purpose of immunizing any animal as provided in sub-section (1) the Veterinary Surgeon or Inspector may by notice in writing served on any person, or published in any such local area or part thereof, in the manner prescribed, require any person or all persons, as the case may be, who own or are in charge of any such animal to produce the animal for immunization and marking at such time and place as is specified in the notice, and thereupon the person, or all persons, to whom the notice refers shall comply with requisition, and shall also give all reasonable facilities and assistance for the carrying out of the immunization and marking:Provided that, on an application made by the owner, or any person having charge, of any animal required to be immunized and marked, the Veterinary Surgeon or Inspector may, for good and sufficient reason, exempt, any animal from such immunization or marketing and he shall, if so requested, furnish in writing to the owner, or person in charge, of such animal, the reason for such exemption.Explanation. - "Immunization" for the purposes of this section means treatment with serum or vaccine, or with both vaccine and serum]

6. Power to prohibit or regulate import, export or transport of, holding of markets, fairs, etc. of and traffic in, infective animals, etc.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government [or the Commissioner in his division] [These words were Inserted by Bombay 8 of 1958, Schedule.] may, for the purpose of preventing the outbreak or spread of any scheduled disease by notification in the Official Gazette, prohibit, control or regulate in such manner and to such extent [as it or he may think fit] [These words were substituted for the words 'into the State' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]

(a)the import, export or transport of any animals, or the carcasses thereof or of any part of animals or carcasses thereof or of any fodder, bedding or other thing used in connection with animals may, in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government [or Commissioner] [These words were substituted for the words 'into the State' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] carry infection, or

(b)the holding of animal markets, animals fairs, animal exhibitions or other concentration of animals in any specified area, or

(c)the sale or other dealings in, infective animals or the carcasses of, animals, which at the time of their death were infective, or any fodder, bedding or other thing used in connection which such animals which may, in the opinion of the [State] [Those word substituted for the word 'Provincial by the Adaptation of Laws Order, 1950.] Government [or Commissioner] [These words were inserted by Bombay 8 of 1958, Schedule.] carry infection.

(2)The [State] [Those word substituted for the word 'Provincial by the Adaptation of Laws Order, 1950.] Government [or Commissioner] [These words were inserted by Bombay 8 of 1958, Schedule.] may, by notification in the Official Gazette, specify the season or seasons during which and the route or routes by which animals may be imported [into the [State of Maharashtra] [These words were substituted for the words 'into me State' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] ], [or as the case may be, into the division] [These words were inserted by Bombay 8 of 1958, Schedule.] and no person shall import animals [into the [State of Maharashtra] [These words were substituted for the words 'into me State' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] ] [or as the case may be, into the division] [These words were inserted by Bombay 8 of 1958, Schedule.] otherwise than during the season and by the route so appointed.

7. Establishment of quarantine stations.

(1)The [State] [Those word substituted for the word 'Provincial by the Adaptation of Laws Order, 1950.] Government [or the Commissioner in his division] [These words were inserted by Bombay 8 of 1958, Schedule.] may establish quarantine stations for the inspection and detention of animals along the route appointed under sub-section (2) of section 6.

(2)All animals inspected or detained at a quarantine section 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 at 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 marketing 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 form 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 whenever required to do so by an Inspector or a Police Officer.

8. Power to isolate infective animals and their examination.

(1)Where an 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 or allow it to be removed so such place of isolation or segregation as may be specified in the order:Provided 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.

(2)The Inspector shall forthwith report to the Veterinary Surgeon every order or seizure under sub-section. (1).

9. Power of Veterinary Surgeons to examine animals.

(1)On receipt of a report under sub-section (2) of section 8 the Vet Surgeon shall, as soon as practicable, examine the animal and all animals with ' 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 its possession:

Provided that where such person cannot, in the opinion of the Inspector, be found after reasonable inquiry, he shall send animal to the nearest cattle pound or deal with it in such other manner as may be prescribed,

(b)certifies in writing that any animal is affected with a scheduled disease the Inspector shall destroy the animal, or deal with it in such other manner as may be prescribed, or

(c)certifies in writing that any animal is infective, though not diseased the animal shall be dealt with in such manner as may be prescribed.

(3)The decision of the Veterinary Surgeon whether any animal has been in contact with or in close proximity to an animal suspected to be affected with a scheduled disease shall be final.

10. Compensation for animals destroyed.

(1)The owner of an animal destroyed under sub-section (2) of section 9 may be paid such compensation as shall be determined in the manner prescribed:Provided that no compensation shall be paid -

(i)to any person convicted of any offence punishable under this Act committed in respect of such animals; or

(ii)in respect of any animal which, when it was imported, was affected with a scheduled disease on account of which it was destroyed.

(2)The decision under sub-section (1) regarding the right of a person to be paid any compensation or the amount of such compensation shall be final.

11. Declaration of private infected places and examination of such places by Veterinary Surgeon.

(1)If an 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. The Inspector shall 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.Nothing in this sub-section 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 purposes of sale or exhibition or while in transit.

(2)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.

(3)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 exceeding one mile from the infected place, to be infected places. The Veterinary Surgeon shall give a written notice of such declaration to the owners, occupiers or persons in charge of such places. The Veterinary Surgeon shall thereafter report the action taken by him under this section to the prescribed authority.

(4)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 give notice accordingly to the owner, occupier or person in charge of such place.

12. Declaration of public infected places.

(1)Where the Veterinary Surgeon has reason to believe that an infective animal is or has been kept in any place which is owned by or is under the control or management of any local authority or railway administration or a port authority and in which animals are kept temporarily for purposes of 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 in the regional language of the locality.

(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 or to the Officer in charge of the port or in charge of a shipping office at such port, as the case may be;

(c)cause a copy of the order to be sent to the nearest police station; and

(d)forthwith report the action taken by him to the prescribed authority.

13. Power of [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to declare infected areas.

(1)On receipt of the report of the Veterinary Surgeon under sub-section (3) of section 11 or sub-section (2) of section 12, the prescribed authority shall, after making such further inquiry as it thinks fit, submit such report with his remarks thereon, to the [Commissioner concerned.] [These words were substituted for the words 'State Government' by Bombay 8 of 1958, Schedule.].

(2)The [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Schedule.] on receipt of the report from the prescribed authority may-

(a)confirm the declaration under sub-section (1) or (3) of section 11 or subsection (1) of section 12 either with or without modification; or

(b)cancel any such declaration.

(3)Where the [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Schedule.] confirms any such declaration, either with or without modification, a notification shall be published in the Official Gazette defining the limits of the area to which the declaration, with the modifications, if any, made therein, shall apply and declaring such area to be an infected area.

(4)The [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Schedule.] may be notification in the Official Gazette amend, vary or rescind any notification published under sub-section (3) either [on his own motion] [These words were substituted for the words 'on its own motion' by Bombay 8 of 1958, Schedule.] or on a further report of the Veterinary Surgeon [submitted to him] [These words were substituted for the words 'submitted to It' by Bombay 8 of 1958, Schedule.] through the prescribed authority.

(5)On publication of a notification under sub-section (3) or (4), 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.

(6)The Inspector shall cause to be exhibited in some prominent place in the infected area and in the regional language thereof a copy of the notification issued under sub-section (3) or (4).

(7)Where the [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Schedule.] cancels any declaration referred to in subsection (2), any place specified in such declaration shall cease to be an infected place and the Inspector shall give notice accordingly to all person to whom copies of such declaration were delivered or on whom notices of such declarations were served.

(8)[ The State Government may, subject to such conditions (if any) as it thinks fit, delegate all or any of its powers under this section to the Collector of a District; and thereupon all or, as the case may be, the relevant provisions of this section, shall apply in relation to such officer as they apply in relation to the State Government.] [Sub-section (8) was added by Maharashtra 3 of 1960, Section 11.]

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 an animal or any food, bedding or other thing used in connection with an 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 a 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 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 the said section 14, any Inspector or Police Officer may require the owner 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 8 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 animal hall 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 or vehicle. The Inspector may, after such inspection, if in his opinion the vessel or vehicle is not in a sanitary condition, require it to be cleansed and disinfected in the prescribed manner.

(3)Nothing in this section shall apply to the rolling stock of any railway.

17. Power to require disinfection of infected premises, vessels or vehicles.

- Subject to such rules as may be prescribed, the Veterinary Surgeon [may] [This word was inserted by Bombay 9 of 1951, Section 3 Second Schedule.] by order in writing require the owner, occupier or person in charge of any land, building, or 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 thereto to be disinfected or destroyed in, such manner and to such extent as may be specified in the order.

18. Power of Veterinary Surgeon to hold postmortem.

- Subject to such rules 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 infective or is suspected to have been infective, and for this purpose he may cause the carcass of such animal to be exhumed.

19. Duty of certain persons to report scheduled disease.

- Every owner or person in charge of, and every Veterinary practitioner who has been called to treat, an animal which he has reason to believe to be affected with a scheduled disease shall forthwith report the fact to the Inspector having jurisdiction in the area.

19A. [ Duty of person incharge to isolate infective animals. [Section 19A was inserted by Maharashtra 3 of 1960, Section 12.]

- Every owner, or person in charge of an animal which he has reason to believe to be affected with a scheduled disease shall keep that animal in a closed space separate from animals not so affected.Explanation. - "Closed space" for the purposes of this section means any place, enclosed in such manner, and situated at such distance, as to effectively prevent any animal affected with a scheduled disease from coming into contact with any animal not so affected, or any animal not so affected from coming into contact with an animal so affected.]

20. Keeping or grazing infective animal prohibited.

- No person shall keep or graze in open or unenclosed land to which other persons have a right of access for their animal, any animal which he knows to be infective.

21. Bringing of infective animals in market, etc. prohibited.

- No person shall bring or attempt to bring into any market, fair, exhibition or concentration of animals, any animal which he knows to be infective.

22. Placing of carcass of infective animals in river, etc. prohibited.

- No person shall place or cause or permit to be placed in any river, lake, canal other water or in the sea within such distance from the shore, as may be prescribed, the carcass or any part of the carcass of any animal which at the time of its death was infective or which was destroyed on account of its being infective or suspected to be infective.

23. Disinterring without lawful authority carcass of animal prohibited.

- No person shall without lawful authority disinter or cause to be disinterred the carcass or any part of the carcass of any animal which, at the time of its death was infective or which was destroyed on account of its being infective or suspected to be infective.

24. Powers 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 recovery of expenses.

(1)Where by any notice, requisition, or order, made under this Act or under any rule or notification issued thereunder, any person is required to take any 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 things 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 costs 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, for the recovery of fines imposed by a Court as if such costs were a fine imposed by a Court.

26. Power of Inspector to decide whether or not animal is ineffective.

- If any question arise under this Act whether or not an animal is an infective animal, the question shall be decided by the Veterinary Surgeon and his decision shall be final.

27. Penalties.

- [Whoever-

(ai)fails to comply with or contravenes the terms of any notification issued under section 5A, or fails to carry out any requisition made, or directions given, by or under the said section, or]

(i)fails to carry out any direction specified in, or contravenes the terms of, any notification issued under section 6 or imports any animal in contravention of the provisions of sub-section (2) thereof, or

(ii)fails to feed or look after the upkeep of the 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 an Inspector under subsection (1) of section 8, or

(iv)removes any animal or thing from an infected area 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

[(viii-a) fails to keep an infective animal separate as required by section 19A, or] [Clause (viii-a) was Inserted by Maharashtra 3 of 1960, Section 13(b).],

(ix)keeps or grazes any animal which he knows t-o 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 or was destroyed on account of its being infective or suspected to be infective in contravention of the provisions of section 23,

[shall, on conviction, be punished in the case of a first conviction with fine which may extend to one hundred rupees, and in the case of a second or subsequent conviction whether under the same or any other clause of this section, with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both] [This portion was substituted for the portion beginning with the words 'shall, on conviction' and ending with the words 'five hundred rupees', by Maharashtra 3 of 1960, Section 13(c).],

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 or in the sea within such distance from the shore, as may be prescribed the carcass or any part of the carcass of any animal which at the time of its death was infected or which was destroyed on account of its being infective or suspected to be 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 fine which may extend to five hundred rupees or with both.

29. Penalty for vexatious entry, inspection and seizure.

(1)Whoever, being an Inspector or a Veterinary Surgeon, appointed under this Act, vexatiously and unnecessarily enters or inspects any land, building or other or any vessel or vehicle or seizes or detains any animal shall on conviction, be punt with imprisonment for a term which may extend to six months or with fine which extend to five hundred rupees or with both.

(2)No prosecution under this section shall be instituted after the expiry of three months from the date on which the offence has been committed.

30. Officers bound to assist Inspectors and Veterinary Surgeons.

- All village officers and all officers of the departments of revenue, agriculture and veterinary 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 disease, and

(c)to assist the Veterinary Surgeon and Inspector to carry out the provisions of this Act.

31. [ Powers of arrest and seizure. [Section 31 was substituted for the original by Maharashtra 3 of 1960, Section 14.]

(1)Any police officer, not below the rank of sub-inspector, may, without an order from a magistrate and without a warrant, arrest any person for whose arrest a requisition has been received from an Inspector or a Veterinary Surgeon, provided that the requisition specifies the person to be arrested, and the offence punishable under this Act in which such person has been concerned.

(2)Such police officer may seize any animal in respect of which an offence has been committed, and shall without delay obtain the orders of a judicial magistrate for its custody.] [This portion was substituted for the word 'Whoever-' by Maharashtra 3 of 1960, Section 13(a).]

32. Jurisdiction of Magistrate.

- No Magistrate, other than a Presidency Magistrate, a Magistrate of the First Class or a Magistrate of the Second Class specially empowered in this behalf by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall try any offence punishable under this Act.

33. Bar of claim to compensation.

- No person shall except as provided for in section 10 be entitled to any compensation on account of the destruction of any animal or 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.

34. Officers to act subject to orders of Government.

- All officers shall exercise the powers and perform the duties conferred and imposed on them by or under this Act in accordance with such orders, not inconsistent with the provisions of this Act, as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may from time to time make.

35. Protection for action taken under this Act.

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

36. Rules.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2)In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any the [following matters, namely

(ai)the manner of marking animals under sub-section (1), and the manner of serving or publishing notices under sub-section (2), of section 5A;]

(i)the manner of marking animals under sub-section (2), the period of detention under sub-section (3), the amount of fee for the vaccination and marking of animals under sub-section (4) and the form of permit under sub-section (5), of section 7;

(ii)the test to which an animal may be submitted under sub-section (1), and the manner in which an animal may be dealt with under sub-section (2), of section 9;

(iii)the manner in which compensation shall be determined under section 10;

(iv)the authority to be prescribed for the purposes of sections 11, 12 and 13;

(v)the periods at which and the manner in which the vessels or vehicles shall be cleansed and disinfected under section 16;

(vi)for disinfecting land, building or other place or vessel or vehicle under section 17;

(vii)the making of post-mortem examinations under section 18;

(viii)the distance from the shore within which carcasses shall not be placed under section 22;

(ix)for regulating the powers of an Inspector under section 24.

(3)In making a rule under sub-section (1) or sub-section (2), the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may provide that a breach thereof shall be punishable with fine which may extend in the case of a first conviction to Rs.50 and in the case of a second or subsequent conviction to Rs.100.

(4)The rules made under this section shall, subject to the condition of previous publication, be published in the Official Gazette.

(5)[ All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.] [Sub-section (5) was inserted by Maharashtra 3 of 1960, Section 15(b).]

37. [ Power of State Government to add to the Schedule. [Sections 37 and 38 were inserted by Maharashtra 3 of 1960, Section 16.]

- The State Government may, by notification in the Official Gazette, specify in the Schedule any disease affecting animals and on the issue of such notification, the Schedule shall be deemed to be amended by the inclusive of the said disease therein.

38. Repeal of C.P. and Berar XVI of 1934 and saving.

- On the commencement, by notification under sub-section (2) of section 2, of are the provisions of this Act in the Vidarbha region of the State, the Central Provinces a Berar Cattle Diseases Act, 1934, in its application to that region, shall stand repealed.Provided that, such repeal shall not affect-

(a)the previous operation of the Act so repealed; or

(b)the right or liability acquired or incurred under the Act so repealed; or

(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the Act so repealed; or

(d)any investigation, legal proceeding or remedy in respect of any such right, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not commenced in that region.] [This portion was substituted for the words 'following matters, namely:-' by Maharashtra 3 of 1960, Section 15(a).]

Schedule

1. Rinderpest or cattle plague.

2. Foot and Mouth Disease.

3. Hoemorrhagic Septicaemia.

4. Blackquarter.

5. Anthrax.

6. Tuberculosis.

7. Johne's Disease.

8. Rabies.

9. [ South African Horse Sickness.] [This entry was added by Maharashtra 3 of 1960, Section 17.]

NotificationsG.N., A. & F. D., No. DIS. 1660-G, dated 3rd September, 1960 (M.G., Part 4-B, page 190) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Animal Contagious Diseases (Control) (Extension and Amendment) Act, 1960 (Maharashtra III of 1960), the Government of Maharashtra hereby appoints the 3rd day of September 1960, to be the date on which the said Act shall come into force.G.N., A. & F. D., No. IMN. 1261/7598-D, dated 28th September, 1961 (M.G., Part 4-B, page 874) - In exercise of the powers conferred by sub-section (2) of section 2 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby directs that all the remaining provisions of the said Act, that is to say, sections 3 to 5 (both inclusive) and 6 to 38 (both inclusive) and the schedule, shall come into force in the whole State of Maharashtra in respect of Rinderpest or cattle plague, on and from the date of this notification.G.N., A. & F. D., No. DIS. 1064/4822-II-D, dated 6th June, 1964 (M.G., Part 4-B, page 822) - In exercise of the powers conferred by sub-section (2) of section 2 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby directs that the remaining provisions of the said Act (other than those which have already come into force) shall, on the date of publication of this notification in the Official Gazette, come into force in the whole of the State of Maharashtra in respect of Salmonellosis, a disease included in the Schedule under section 37 of the said Act.G.N., A. & C. D., No. DIS. 1665/22978-D, dated 12th September, 1966 (M.G., Part 4-B, page 1689) - In exercise of the powers conferred by sub-section (2) of section 2 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby directs that the provisions of sections 3 to 5 (both inclusive) and 6 to 38 (both inclusive) and the Schedule, shall cease to be in force in the whole of the State of Maharashtra in respect of the South African horse sickness on and with effect from the date of this notification and for that purpose, cancels (1) Government Notification, Agriculture and Forests Department, No. DIS. 1600/20768-G, dated the 29th September 1960 and (2) Government Notification, Agriculture and Co-operation Department, No. DIS. 1665/22978-III-D, dated the 27th July, 1965.G.N., A. & F. D., No. 3552(b)-D, dated 10th October, 1951 (B.G., Part 4-B, page 2713) - In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Animal Contagious Diseases (Control) Act, 1948 (Bombay 59 of 1948), the Government of Bombay is pleased to appoint all Veterinary Officers and Veterinary Inspectors in the Animal Husbandry and Veterinary Science Department of the Bombay State to be the Veterinary Surgeons for the purposes of the said Act and for the areas within their respective jurisdiction within which they shall exercise the powers and perform the duties of Veterinary Surgeon under the said Act.G.N., A. & F. D., No. DIS. 1064/4822-II-D(a), dated 6th June, 1965 (M.G., Part 4-B, page 822) - In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby-

(i)appoints all District Animals Husbandry Officers and Assistant Disease Investigation Officer (Poultry), Nagpur Poona and Aurangabad, to be Veterinary Surgeons for the purpose of the said Act for the local areas within their respective jurisdiction; and

(ii)specifies the said local areas to be the areas within which they shall, respectively, exercise the powers and perform the duties of a Veterinary Surgeon under the said Act.

G.N., A. & F. D., No. 3552(c)-D, dated 10th October, 1951 (B.G., Part 4-B, page 2713) - In exercise of the powers conferred by sub-section (2) of section 4 of the Bombay Animals Contagious Diseases (Control) Act, 1948 (Bombay 59 of 1948), the Government of Bombay is pleased to appoint all Stockmen in the Animal Husbandry and Veterinary Science Department of the Bombay State to be the Inspectors for all the purposes of the said Act and for the areas within their respective jurisdiction within which they shall exercise the powers and perform the duties of an Inspector under the said Act.G.N., A. & F. D., No. DIS. 1064/4822-II-D(b), dated 6th June, 1964 (M.G., Part 4-B, page 823) - In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby-

(i)appoints all Veterinary Officers, who hold a degree or diploma in Veterinary Science and who are incharge of Veterinary Institutions, to be Inspectors for all purposes of the said Act; and

(ii)specifies the areas within their respective jurisdiction to be the areas within which they shall, respectively, exercise the powers and perform the duties of an inspector under the said Act.

G.N., A. & F. D., No. DIS. 1064/4822-II-D(c), dated 6th June, 1964 (M.G., Part 4-B, page 823) - In exercise of the powers conferred by clause (a) of sub-section (1) of section 5-A of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra, with the object of eradicating as far as practicable Salmonellosis, hereby-

(i)declares the area comprising Greater Bombay and each of the districts of Thana, Kolaba, Ratnagiri, Nasik, Dhulia, Jalgaon, Ahmednagar, Poona, Satara, Sangli, Sholapur, Kolhapur, Aurangabad, Parbhani, Bhir, Nanded, Osmanabad, Buldhana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara, Chanda and Rajura to be an eradication area; and

(ii)directs that all poultry in such eradication area shall be subjected to the Agglutination or Cultural test for the Salmonellosis disease and all positive reactors shall be eliminated and destroyed.

G.N., A. & F. D., No. DIS. 1064/4822-II-D(d), dated 6th June, 1964 (M.G., Part 4-B, page 823) - Whereas in the opinion of the Government of Maharashtra, the import, export or transport of poultry or the carcasses thereof or any parts of such animals or carcasses or on any fodder, bedding or other things used in connection with such animals may carry infection of Salmonellosis, which is a scheduled disease;And whereas for the purpose of preventing the outbreak or spread of the said disease, it is necessary to prohibit the import, export and transport of poultry, carcasses, parts and things aforesaid;Now, therefore, in exercise of the powers conferred by clause (a) of sub-section (1) of section 6 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby prohibits the import, export and transport of poultry, carcasses, parts and things aforesaid, unless they have been certified by a Veterinary Surgeon or Inspector to be free from the Salmonellosis disease.G.N., A. & F. D., No. DIS. 1660/20763-G(c), dated 29th September, 1960 (M.G., Part 4-B, page 250) - In exercise of the powers conferred by sub-section (8) of section 13 of the Bombay Animal Contagious Diseases (Control) Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby delegates all of its powers under the said section 13 so far as they relate to the South African Horse Sickness to, Collectors of all the districts in the State.Amended by G.N., A. F. & C. D., No. DIS. 1063/5417-II-D, dated 6th November, 1964 (M.G., Part 4-B, page 1557)G.N., A. & F. D., No. DIS. 1063/ 16740-D, dated 21st December, 1963 (M.G., Part 4-B, page 1718) - In exercise of the powers conferred by section 37 of the Bombay Diseases of Animals Act, 1948 (Bombay 59 of 1948), the Government of Maharashtra hereby specifies in the schedule to the said Act "Salmonellosis", [(that is to say, "Fowl Typhoid" of "Pullorum Disease")] [Substituted by G.N. of 6-11-1964.].

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