( 1 ) Where thc Veterinary Surgeon hzs reason to believe that infective l[livestmk or bird) are or have k n in any place owned. controlled or managed by any local authority, or railway administration or aircraft company where '[Iivesiock or birds] are tempor-drily kept for purposes of sale, transi~ or exhibition, he may, by order in writing, declarc s ~ c h place to be an ~nlected piace. .
(2) The Y e h i n a r y Surgeon shall cause a copy of such order, in the vernacular of thc locali:~, to beexhihitcd prominently in theinfected -
1. Subsriturcd by [he Punjab Acr 33 of 1961, secrion 4.
2. Suhstil!~tcd fur tbe \:.ord "Prx.winc~al" by ~ h c Adaplation of Laws Oider. 1950.
1948 : EAST PB. A f f 47) LrVEsToCK AND BIRDS' DlSEASES 163 place, and he shall deliver copies at the office of the local authority, or to the nearest station master of the railway administration, or to the officerin-charge of the air-fjeld, as the case may be, and shall also send a copy to the nearest police station; and he shall report his action forthwith to the authority prescribed by the '[State] Government in this behalf.
23. ( I ) On receipt of the report of the Veterinary Surgeon under Declaration of sub-seccion (2) of section 2 1 or under sub-section (2) of section 22 and infected areas after such further inquiry, if any, as it may think fir, the [[State] by the Government. Government -
(a) may cencel any declaration made under sections 20,2 1 or 22; or (b ) may confirm such declaration either with or without modifications.
(2) Where thc [ S tate] Govcrnment cancels any declaration, the Inspector shaH give notice of the cancelIation to all persons to w horn copies of such declaration were delivered or on whom notices of such decIarati on were servcd.
(3) Where the '[State] Government confirms such declaration either with or without modifications the 'IS tate] Government shall, by notification defining the limits of the area to which the notification shall apply, declare such area to be an infected area.
(4) On the issue of such notification any place declared by the Inspector or Veterinary Surgeon to be an infected place and not included in the infected area so defined shall cease to be an infected place, and the Inspector shall give notice according1 y to the owner, occupier or pcrson in charge of such place.
(5) The Inspector shall cause to be exhi bitcd in some prominent place in the infected area and in the vernacular of the area, a copy of the norification under sub-section (3), and shall also cause to be so exhibited a copy or any subsequent notification adding to, amending varying or rescinding such notification.
24. ( I ) No person shall remove horn any infected area or placc Removal of any 2[lives~ock of birds], dead.or alive, or on y pan of an 2[livcstock or Or bird] and other things from in-
1. Substiruled for the word "Provincial" by rhe Adaptation or Laws Order. 1950. fccted fireas or
2. Substituted by Punjab ACI 33 of 1961. scction 4. places.
164 LIVESTOCK AND BIRDS' DISEASES [I948 : EAST h. ACT 47 birds], or any fodder, bedding or othcr thing used in connection with ' [livestock or birds], save in accordance with the condlions of a licence granted by the Inspector.
(2) Nothing in this section shaIl prevent the transit by railway . , I through an infected area or place of any '[livestock or birds] or thing :
Provided that where any '[livestock or birds] or other thing described in sub-section (1) whle in transit through an infectcd area nr places i s unloaded therein, i t shall not be removed therefrom save in accordance with sub-section (1).
Power ro rzlurn 25. Where any animal or thing is removed from an infected area or Or place otherwise rhan in accordance with a licence granted under section birds] etc., to infected mas. 24, any Inspector or police officer may require the owner or person in charge of such '[livestock or birds] or thing to return it to such area or place, and i f the owner or person incharge fails to do so within a reasonable time, may cause i t to be returned at the expense of the owner without further delay :
Provided that nothing in this section s h d l affect the powers of an Inspector under section 15 to deal with infective '[livestock or birds].
x Time for complying with and enforcemenl of Orders.
Rccovery of expenses incurred under this Chapter.
PenaIties for
26. W~ef:r.e by any notice, requisition, or order under this Acl or under any notification or rule 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 whithin which such measures shall be taken or such thing shall bc done, as the case may be.
27. Where any action may be taken undcr this Chapter in respect o i any property at the expense of the owner thereof, the officer taking such action may frame acertificate stating the m o u n t of ~ h c expcnse incurred and the pcrson from whom such amount is recoverable, and any Magistrate to whom such certificate is presented may after such inquiry as he may think fit, recover such amount as if it were a fine imposed by him on such person.
C W E R 1II -PENALTIES A N D PROCEDUREl
28. Whoeverconiraventions of Acts, R e p - (a) removes from any part of the '[State] of 3waryana] any lations and l[Iivestock or bird], alive or dead, or any part of an '[livestock Rules. 1. Substiruled by Punjab Ac133 of 1961, section 4.
2. Substituted for thc word "Province" by rhe Adaptation of Laws Order, 1950.
3. 5ubstitu:cd for ~ h c word "Punjab" by he Adap~ation of L a ~ s Order, 1966.
1948 : EAST PB. ACT 471 LIVESTOCK AND BIRDS' DISEASES 165 or bird], or any fodder, bedding or other thing in contravention of a notification issued under section 9, or impofis '[livestock or bird] in contravention of sub-section
(2) of that section ;
\
(b) holds or promotes or takes part in any market, f i i r exhibition or other concentration of ' [livestock or birds] in contravention of a notification issued under section 10;
(c ) sells or otherwise uaffics in, or attcmpls to sell or tcaff~c in, infective l[livcstock or bird], or in anything mcn~ioned i n section 11 which may carry infcction, or the carcase of a '[livestock or birds] which at the rime of its death was infective in contcavenrion of section 11;
(d) being a common canicr fails ro cleanse or disinfect my vessel or vehicle uscd for thc transport of '[livestock or bird] in such manner as may be required under sub-section (1) of section 12 or as may be required by the Inspector undcr subsection (2) of that section;
( e ) fails in conlravention of section 13, to repon that a '[livestock or bird] is infccuve;
v) f i l s ta comply with an order made by an Inspector under sub-section ( 1 ) of section 15; '
(g) fails to comply with an order made by the Veterinary Surgeon under sub-section (I) of section 19;
(11) removes any ' [livestock or bird) or thing from any infected place in contravention of scciion 24; - shall he punished wiib finc which may extend in the case of a firs1 conviction, to one hundred rupees and, i n the case of a second or subsequent conviction, to f ive hundred repees.
29. Whoever keeps or gazes in or on my forest, open field, roadside, penalty for or other unencIosed land ro which other persons havc a right of access keeping or for their '[iivestock orI~irds] any l[livestock or birds] which he knows to grazing hve '[lives~ock be infective shall be punishabie with fine whjch may extend in the case or in unof a fjrsl conviction LO one hundrcd rupees in the case of a second or ,,,f,,,d land, subsequcnr conviction to five hundrcd rupees.
1. Subslituled by Punjab Act 33 of 196 1 , sec~ion 4 .
166 LIVI3TM.K A N D BIRDS' D l S M E 3 11948 ; EAST h. ACT 47.
Penalty fat 30. Whoever bring or atlelnpts to bring into any market, fair, I bringing i n k - exhibition or other concenkation of l[livestock or bird], any 'Dives tock or live 'I 'ivulock bird] which ik knows to be infective shaI1 be punishable with fine which j or bird] to market. may extend in the case of a first convict ion to one hundred rupees or in . ! ..--.
the case of a second or subsequent conviction to five hundrcd rupees.
Penalty for 31. Whoever places, or causes or permits to be pIaced, in any river, placing carcass or other water, the carcass or part or part of the carcass of any '[livestock of infective or bids] which at rhe time of its d a t h was infective or which has been '[livestock Or desttoyed as being infective or smpected or being infective shall be bird) animal in rivcr. punishable with imprisonment for alem which may extend to six months or with fine which may extend in he case of a first conviction to one hundred rupees or in the case of L second or subsequent conviction to five hundred rupees, or with both imprisonment and fine.
Penally for dis- 32. Whoever, without Iawful aurhority, disinters or causes to be jnterring car- disinterred the carcass or part ofthe carcass of any '[livestock or bird] carsof disws* which at the time of its death w;u infective or which has been &s~royed '[livestock or bird]. as being infective or suspected of being infecrive shall be punishable with fine which may extend in the case of a first conviction to one hundred rupees or in the case of a second or su bsequent conviction to five hundred rupees.
Pcnrllly for ma- 33. Whoever being an Inspector maliciously and vexatiosIy enters l icious or inspects any land or building o: other place or any vessel or vehicle or v e ~ a ~ i o u s entry or seirure by seizes or detains any '[livestock or birds], shdl be punishable with Inspector. irnprisonmen I for a tern which may extend to six months or with fine which may extend to five hundred rupees, or with bath.
(2 ) No proseculion under this sccrion shall be instituted aficr the expiry of one month from the date on which the offence is alleged to have been cornmi tted.
I ~ S I itu rion OF 35. No prosecution under &is Act. ncept under section 33 shall be proceedings. instituted cxcept by or under thc authotiy of Ihe Veterinary Surgeon "[or the Inspec tor].
1 . Subsrituied by Punjab Act 33 of 196 1.
2. Section 34 ornit~cd by the Punjab Act 33 of 1961. section 8 3 . Added by the Punjab Act 33 of 1961. seriion 9.
1948 : EAST I%. ACT 47.3 LIVESTOCK AM) BIRDS' DISEASES 167
36. Nnrnagistrateshalltryanyoffence~~nder~hisActunlessheisa Jurisdiclion of '[Judicial Magismte of he-first class, or a Judicial Magistmte of the second magistatesclass syciall y ~rn?nwererl i n this hehalf hy the High Cnurt?.
L (
37. Save as provided for in section 18 no person shall be inti tled to Bar of claim to any compensation in respect of thc desmction of any ZIJivestock or bird] com~ensaliunand thing or in respect of any other loss, injury, detriment: or inconvenience caused to him by reason of mything donc under this Act in g o ~ d faith.
?r 3 w - A T i A i , i f , d d i i Dciegari~n.
of its powers under this Aci io aiiy of its ofificeis.]