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6 1966

DISEASES OF ANIMALS ACT, 1966

PART II

Control and Eradication of Disease

Application

Application of this Act.

11. —(1) Subject to subsection (2), this Act shall apply to the animals, poultry and diseases specified in the First Schedule.

(2) The Minister may, for all or any of the purposes of this Act, by order amend the First Schedule so as to extend the application of this Act or any of its provisions to any other kind of animal, poultry or disease or to exclude any kind of animal, poultry or disease from such application.

Prevention and Eradication

Notification of disease.

12. —(1) The Minister may prescribe that notice be given of the existence or suspected existence of any particular disease or illness of animals or poultry, the persons by whom the notice is to be given, and the authority to whom and the manner in which it is to be given.

(2) An order made for the purposes of this section may provide for the payment by the Minister or a local authority of a fee to a veterinary surgeon in respect of each notification of disease by him and may, with the consent of the Minister for Finance, specify the amount of such fee.

Orders for prevention or checking of disease.

13. —The Minister may, for the purpose of the prevention or checking or eradication of disease, make orders for all or any of the purposes set out in the Second Schedule.

Infected Places and Areas

General provisions as to infected places and areas.

14. —(1) The Minister may prescribe—

(a) the cases in which places and areas are to be declared to be infected with a disease;

(b) the authority, mode and conditions by and on which declarations in that behalf are to be made;

(c) the effect and consequences of such declarations;

(d) the duration and discontinuance of such declarations; and

(e) other matters connected with the making of such declarations.

(2) The Minister may by order alter the limits of a place or area declared to be infected by disease.

(3) Every place or area so declared infected shall be an infected place or area for the purposes of this Act.

(4) Where an order is made declaring a place or area to be no longer an infected place or area then from the time specified in the order the place or area shall cease to be, or be in, an infected place or area.

(5) An order or notice of the following description—

(a) an order of the Minister or of a local authority declaring a place to be an infected place or area, or declaring a place or area to be no longer an infected place or area; or

(b) a notice served in pursuance of directions of the Minister or of a local authority by virtue of an order made under this section,

shall be conclusive evidence to all intents of the existence or cessation of the disease and of any other matter whereon the order or notice proceeds.

Orders relating to infected places and areas.

15. —The Minister may make orders—

(a) prescribing and regulating the publication, in relation to a place or area declared infected, of the fact of such declaration;

(b) prohibiting or regulating the movement of animals and poultry and persons into, within, or out of an infected place or area;

(c) prescribing and regulating the isolation or separation of animals and poultry being in an infected place or area;

(d) prohibiting or regulating the removal of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area;

(e) prescribing and regulating the destruction, burial, disposal, or treatment of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things, being in an infected place or area, or removed thereout;

(f) prescribing and regulating the cleansing and disinfection of infected places and areas, or parts thereof, and of receptacles or vehicles used for the confinement or conveyance of animals or poultry;

(g) prescribing and regulating the disinfection of the clothes of persons being in an infected place, and the use of precautions against the spreading of disease by such persons.

Power to exclude strangers.

16. —A person owning or having charge of animals, poultry or eggs in an infected place or area may affix, at or near the entrance to a building, enclosure or farm in which the animals, or poultry or eggs are, a notice forbidding persons to enter thereon without the permission mentioned in the notice, and thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on or over that building, enclosure or farm, to enter or go into, on, or over it without that permission.

Slaughter

Slaughter of diseased animals and compensation.

17. —(1) The Minister may cause to be slaughtered—

(a) any animals or poultry affected with any Class A disease or suspected of being so affected, and

(b) any animals or poultry which are or have been in the same field, shed or other place, or in the same herd or flock or otherwise in contact with animals or birds so affected or suspected of being so affected, or which appear to the Minister to have been in any way exposed to the infection concerned.

(2) The Minister shall, subject to section 58, pay compensation for animals and poultry (other than a dog or a cat affected or suspected of being affected with rabies) which have been slaughtered under this section or which have been directed to be slaughtered but die before they can be slaughtered and also for carcases and eggs (other than eggs of pigeons, doves, peafowl, swans or birds of the species psittaciformes) which, consequent upon an outbreak or suspected outbreak of disease, have been destroyed on behalf of the Minister.

(3) The Minister may reserve for observation, treatment or testing, an animal or bird liable to be slaughtered under this Act at the direction of the Minister but subject to payment of compensation by the Minister as in the case of actual slaughter.

General provisions as to disposal of animals, poultry and carcases.

18. —(1) Where an animal or bird has been slaughtered under this Act at the direction of the Minister, the carcase of the animal or bird shall belong to the Minister and shall be buried or sold or otherwise disposed of at the direction of the Minister, as the condition of the animal or bird or carcase and other circumstances may require or admit.

(2) If, in any case, the sum received by the Minister on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal or bird slaughtered, the Minister shall pay that excess to the owner, after deducting reasonable expenses.

(3) If the owner of an animal or bird slaughtered under this Act at the direction of the Minister or a local authority, has an insurance on the animal or bird, the amount of compensation awarded to him under this Act or any order made thereunder may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect thereof.

(4) Where an animal or bird has been slaughtered under this Act at the direction of the Minister, the Minister may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal or bird suitable for the purpose, or any common or unenclosed land.

(5) Where an inspector, after making such inquiries as he considers necessary, is satisfied that no such ground as mentioned in subsection (4) is available for the burial of the carcases of slaughtered animals or poultry, the Minister may use for the reception and slaughter of the animals or poultry and the burial of their carcases any convenient ground suitable for the purpose.

(6) (a) Where the owner or occupier of any such ground claims to have suffered loss by reason of such user, he may, within two months after such user, apply in writing to the Minister for compensation.

(b) Where an application for compensation under this subsection is duly made, the application shall be determined in accordance with such order as may be made by the Minister in that regard.

(c) In the event of the applicant disputing any such determination the dispute shall be settled by arbitration.

Clearance, Attested and Disease-Free Areas

Clearance, attested and disease-free areas.

19. —The Minister may, where it appears to him to be necessary for the purpose of the eradication of any Class B disease, make in relation to such disease orders—

(a) declaring an area (in this Act referred to as a clearance area) to be an area in which the disease is to be eradicated;

(b) declaring an area as to which the Minister is satisfied that the disease is virtually nonexistent, to be an attested or disease-free area;

(c) prescribing the conditions under which animals or poultry may be exported, and designating ports or aerodromes, or parts of ports or aerodromes, or routes for such export.

Orders in relation to clearance, attested and disease-free areas.

20. —The Minister may make, in relation to any clearance area or attested or disease-free area, orders—

(a) as to animals or poultry affected or suspected of being affected or capable of affecting animals or poultry with the relevant disease—

(i) authorising the taking of possession, by agreement, of the animals or poultry on behalf of the Minister;

(ii) in default of agreement, securing and regulating the removal out of the area or slaughter of the animals or poultry;

(iii) securing and regulating the isolation and maintenance of the animals or poultry pending their being taken possession of on behalf of the Minister or removed out of the area or slaughtered;

(b) securing and regulating the isolation and testing from time to time of animals or poultry brought on to land or premises;

(c) the prohibition or restriction of the movement of animals and poultry into, out of, through or within the area;

(d) securing and regulating the keeping of records in relation to animals or poultry and the production and inspection of the records;

(e) specifying forms of notices to be served under orders made by virtue of this section;

(f) providing, in cases in which there has been failure to comply with the requirements of any such notice, for—

(i) in case the notice requires removal out of the area or slaughter of animals or poultry—the taking of possession of the animals or poultry, their disposal as the Minister thinks fit and the recovery (without prejudice to any penalty that may have been incurred) of the cost of taking possession of the animals or poultry and of thereafter maintaining them and disposing of them;

(ii) in any other case—the carrying out of the requirements of the notice by or on behalf of the Minister and the recovery (without prejudice to any penalty which may have been incurred) of the cost of carrying out the requirements;

(g) determining, in the case of holdings situate partly within and partly outside any clearance, attested or disease-free area, or situate wholly or partly within two or more such areas, the area to which such holdings belong;

(h) authorising entry on land or premises for the purposes of any such order;

(i) for purposes ancillary or incidental to any of the foregoing purposes.

Regulations as to animal remedies.

21. Section 7 (1) of the Animal Remedies Act, 1956 , shall, notwithstanding subsection (2) of that section, apply to any animal remedy specified in any order of the Minister in relation to any specified Class B disease.

Compensation for animals and poultry taken in clearance, attested and disease-free areas.

22. —The Minister shall, subject to section 58, pay compensation for animals and poultry taken possession of on his behalf pursuant to an order under section 20.

Slaughter and compensation in other cases.

23. —(1) The Minister may, in relation to any Class B disease, give public notice in such manner as he considers suitable of his intention to make an order under which a specified area will be a clearance area.

(2) Where notice is given under this section in relation to an area, the Minister, with the consent of the Minister for Finance, may pay compensation for animals or poultry in that area which, having failed to pass a test for the disease approved by the Minister, are slaughtered by arrangement between the Minister and the owner of the animals or poultry.

Registers of attested or disease-free herds and flocks.

24. —(1) The Minister may for any Class B disease set up and maintain a register of herds or flocks of any particular species of animals or poultry.

(2) Herds or flocks registered in a register shall be known as attested or disease-free herds or flocks or by such other description as the Minister may prescribe.

(3) A person shall not—

(a) hold out a herd or flock as being an attested or disease-free herd or flock or as coming within a prescribed description unless it is either entered in the appropriate register or is a disease-free herd or flock situate in an attested or disease-free area, or

(b) hold out any animal or bird as being of an attested or disease-free herd or flock or as coming within a prescribed description unless it is either of a herd or flock entered in the appropriate register or is of a disease-free herd or flock situated in an attested or disease-free area.

(4) A person who contravenes the provisions of subsection (3) shall be guilty of an offence.

(5) The Minister may make orders in relation to a register, including in particular provision for—

(a) the title of the register,

(b) application for registration,

(c) qualifications and conditions for registration,

(d) requirements to be complied with for retention of registration,

(e) cancellation of registration,

(f) custody of the register and evidence of the contents thereof.

Testing, Marking, Etc.

Powers of authorised persons and officers.

25. —(1) For the purpose of the eradication of a Class B disease, an authorised person, on production, if requested, of his authorisation, may at all reasonable times—

(a) in relation to any animals or poultry, make such examinations, apply such tests, take such samples, use such vaccine or serum and apply such marks as may be reasonably necessary, or as may be required or prescribed by this Act or by the Minister;

(b) enter on any land or premises for the purpose of such examining, testing, sampling or marking;

(c) require any person, being the owner or in charge of animals or poultry or the owner or occupier of or employed on lands or premises so entered, to give such assistance or to carry out such instructions as may be reasonably necessary for the purpose of such examining, testing, sampling or marking or to give such information as may be reasonably necessary in connection with the furtherance of eradication of the disease or for the administration of any order under this Act.

(2) In this section—

authorised person” means—

(a) an inspector of the Minister, or

(b) a veterinary surgeon other than an inspector of the Minister,

authorised by the Minister in writing to exercise the powers conferred by this section.

(3) An officer of the Minister who is not an inspector shall have such of the powers of an authorised person under this section as he may be authorised in writing by the Minister to exercise.

Movement and Transit

Diseased animals or poultry in transit.

26. —The Minister may make orders—

(a) prohibiting or regulating the sending or carrying of diseased or suspected animals or poultry, or of dung or other thing likely to spread disease, or causing them to be sent or carried, on railways, canals, rivers or inland navigations, or on highways or thoroughfares, or in vessels, aircraft or otherwise;

(b) prohibiting or regulating the leading or driving of diseased or suspected animals or poultry, or the causing of them to be led or driven on highways or thoroughfares or elsewhere;

(c) prohibiting or regulating the placing or keeping of diseased or suspected animals or poultry on common or unenclosed land or in fields or other places insufficiently fenced, or on the sides of highways;

(d) prohibiting or regulating the exposure of diseased or suspected animals or poultry in markets or fairs or saleyards, or other public or private places where animals or poultry are commonly exposed for sale;

(e) making provision for animals and poultry affected or suspected of being affected with disease—

(i) while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition or other place, or

(ii) while placed in a lair or other place before exposure for sale, or

(iii) while in transit or in course of being moved by land or by water, or

(iv) while being in common or unenclosed land, or

(v) while being in a slaughter-house or place where animals or poultry are slaughtered or are kept with a view to slaughter, or

(vi) generally, while being in a place not in the possession or occupation or under the control of the owner of the animals or poultry;

(f) making provision for the consequences under this Act of animals or poultry being found in the places and in the circumstances mentioned in this section, both in relation to the places in which the animals or poultry are so found and to any other animals or poultry that may be or may have been in any of the said places and with which they were or may have been in contact.

Regulation of movement of animals, fairs, markets, etc.

27. —The Minister may make orders—

(a) prohibiting, regulating or restricting the movement save under licence of animals or poultry and the removal of carcases, fodder, litter, dung, eggs and other things, for prohibiting and regulating the user of eggs and for prescribing and regulating the isolation of animals or poultry newly purchased or imported;

(b) prescribing and regulating the issue and production of licences in regard to the movement and removal of animals, poultry, eggs and things;

(c) prohibiting or regulating the holding of markets, fairs, exhibitions and sales of animals or poultry and the exposure of animals and poultry thereat;

(d) prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions or sales of animals or poultry or for lairage of animals, and yards, sheds, stables, and other places used for animals or poultry;

(e) prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, places, pens and fittings, used for animals or poultry or for the carrying of animals or poultry or purposes connected therewith;

(f) prescribing and regulating the records to be kept of purchases and sales of animals and poultry, the manner in which such records are to be kept and the circumstances under which, and the authority or person to whom, the contents of such records are to be made known.

Transport of animals and poultry.

28.—For the purpose of preventing the spread of disease or of preventing injury or suffering to animals and poultry the Minister may make orders—

(a) regulating generally the transport of animals and poultry and the conditions under which animals and poultry are to be kept and handled at fairs, markets, marts, lairs, railway stations and other places where animals or poultry are assembled prior to transport, shipment, exhibition or slaughter;

(b) requiring and regulating the provision of food and water at railway stations, fairs, markets, marts, lairs and places where animals or poultry are assembled awaiting transit, shipment, exhibition or slaughter;

(c) prescribing the period during which food or water must be supplied to animals or poultry in transit or awaiting transit, shipment, exhibition or slaughter and the persons who shall supply such food or water;

(d) prescribing the construction, dimensions and fitting of vehicles and aircraft used for the conveyance of animals or poultry and the construction, dimensions and fittings of premises and places where animals or poultry are sold or assembled while awaiting transit, shipment or slaughter;

(e) prohibiting, absolutely or conditionally, the use, for the carrying of animals or poultry, or for any purpose connected therewith, of a vessel, vehicle, aircraft, pen or lair or other place in respect whereof, or of the use whereof, a penalty has been imposed on any person for an offence under this Act;

(f) requiring and regulating the furnishing of information as to animals and poultry which die or are injured in transit or at places where animals are bought and sold or assembled awaiting transport, shipment, exhibition or slaughter.

Carriage of animals and poultry by sea or air.

29. —The Minister may make orders—

(a) for protecting animals and poultry carried by sea or air from unnecessary suffering during the passage and on landing;

(b) for ensuring for animals and poultry carried by sea or air a proper supply of food and water and proper ventilation during the passage and on landing;

(c) prescribing and regulating the construction and fittings of the parts of vessels or aircraft used for the carriage of animals or poultry;

(d) prohibiting the conveyance of animals or poultry by any specified vessel or aircraft for such time as the Minister may consider expedient:

(e) prescribing and regulating the notice to be given of proposed exports of animals or poultry;

(f) prescribing and regulating the conditions in regard to detention, resting and inspection of animals and poultry prior to export;

(g) prohibiting, except under licence, the export of animals or poultry.

Importation

Import of animals poultry, etc.

30. —(1) The Minister may make orders—

(a) prohibiting, except under licence, or regulating the importation or landing or bringing into a port or aerodrome in the State of animals or poultry or of any specified kind of animal or poultry or of carcases, eggs, animal or poultry products (including products made from or containing animal or poultry products, carcases or eggs), fodder, litter, dung, or other thing, either generally or from any specified country or part of any such country;

(b) requiring and regulating the disinfection of persons entering the State, of their clothing and baggage and the giving of such information concerning their occupation and previous movements as the Minister may reasonably require.

(2) Whenever any animals, poultry, eggs or other articles of whatsoever kind are imported or landed or brought into a port or aerodrome in the State in contravention of an order under this Act, an officer of Customs and Excise or an inspector may require any person (being the importer or the carrier concerned) to export such animals, poultry, eggs or other articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animals and poultry shall be slaughtered and the articles destroyed unless the Minister otherwise directs.

Quarantine stations.

31. —Notwithstanding anything in this Act the Minister may by order permit the landing of imported animals, poultry or eggs for immediate conveyance in such manner and subject to such precautions as he may prescribe to premises or accommodation approved by him for quarantine purposes and to be called a quarantine station.

Saver in relation to Customs Acts.

32. —No order or regulation made or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import, landing or export of any animal, bird, eggs or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, bird, eggs or other thing concerned.

Provision in regard to imported animals, poultry, quarantine, etc.

33. —The Minister may make orders in relation to imported animals, poultry, eggs, carcases, fodder, litter, dung or other things—

(a) prescribing and regulating the movement of imported animals, poultry, eggs, carcases, fodder, litter, dung or other things;

(b) prescribing and regulating the detention and isolation of animals, poultry and things on particular premises or parts of such premises;

(c) prescribing and regulating the slaughter and disposal of animals and poultry illegally imported;

(d) prescribing that eggs, carcases, fodder, litter, dung and other things imported under licence may be destroyed or otherwise disposed of as the Minister may direct;

(e) prescribing for any imported animal or bird any test for disease or treatment for disease;

(f) prescribing for the supervision and control of animals, poultry or eggs whether in, or in the course of conveyance to, a quarantine station and for their movement or the prohibition of their movement either into or out of such station;

(g) prescribing for the slaughter of animals and poultry and the destruction of eggs in a quarantine station in the event of disease, for the payment of compensation and the determination of ownership of the carcases of animals and poultry so slaughtered.

Regulation of ports, aerodromes, landing places and imported animals.

34. —The Minister may make orders—

(a) prescribing—

(i) the ports, aerodromes and landing places at which alone imported animals and poultry may be landed;

(ii) the aerodromes which alone may be used by aircraft carrying imported animals;

(b) defining the limits of landing places for the purposes of this Act, and

(c) defining parts of ports or aerodromes.

Sheep Scab

Prevention of sheep scab.

35. —(1) The Minister may make orders—

(a) prescribing, regulating and securing the periodical treatment of all sheep by effective dipping or by the use of some other remedy for sheep scab;

(b) prescribing and regulating the mode of such treatment;

(c) providing that only such dips or other remedies as are approved by the Minister may be used for the purpose of this section.

(2) An inspector of the Minister and, if so authorised by order of the Minister, an inspector of a local authority, may subject to the directions of the authority appointing the inspector, and for the purposes of any order under subsection (1), enter any premises and examine any sheep thereon.

(3) The owner and the person in charge of any sheep shall comply with all reasonable requirements of the inspector as to the collection and penning of the sheep and afford all other reasonable facilities for the examination of the sheep by the inspector.

(4) A local authority may provide, fit up and maintain portable dipping tanks or, with the sanction of the Minister, dipping places, and afford the use thereof, and of all necessary appliances and materials in connection therewith, to the public upon such terms and conditions as the local authority may think fit, and any sums received by a local authority for such use shall be applied by them towards the discharge of their expenses under this Act.

(5) No dipping place shall be used for the purposes of this section if such use would injuriously affect the water in any stream, reservoir, aquaduct, well, pond or other place constructed or used for the supply of water for drinking or other domestic purposes.