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Bengal Presidency - Section

Section 8 in Bengal Diseases of Animals Act, 1944

8. Compulsory segregation and [treatment of livestock] in infected areas. - (1) Where a [Veterinary Officer], after due examination of [the livestock] and such enquiry into the circumstances of the case as may be necessary, is of the opinion that such [livestock] is infective, he may by order in writing direct the owner or person in charge or having control of such [livestock],-

(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] shall comply with such order:Provided that where there is no person in charge or having control of the [livestock] 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] fails to comply with the order within such time as in the opinion of the [Veterinary Officer] is reasonable, the [Veterinary Officer] shall seize the [livestock] 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] seized under the proviso to sub-section (1) or his authorized agent applies in the prescribed manner for the return of such [livestock] to his possession, the [livestock] 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] up to the date of its release:Provided that on the release of the [livestock] the owner or his authorized agent, as the case may be, shall comply with any order which the [Veterinary Officer] may see fit to issue under sub-section (1).
(3)If the owner of [the livestock] seized under the proviso to sub-section (1) or his authorized agent does not apply for the release of the [livestock] under sub-section (2) and the [livestock] is, in the opinion of the [Veterinary Officer], no longer likely to infect any other [livestock] with the contagious disease in respect of which it was seized, the [Veterinary Officer] shall send the [livestock] 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], after due examination of any [livestock], certifies in writing that such [livestock] is affected with any of such contagious diseases as may be prescribed in this behalf, he may destroy the [livestock] or deal with it in such other manner as may be prescribed.