Updated: Tuesday February 04, 2020/AthThulatha Jamada El Thaniah 10, 1441/Mangalavara Magha 15, 1941, at 06:14:19 PM
[1]The Punjab Animal Health Act, 2019
ACT XXXII OF 2019
[13th December 2019]
An Act to regulate the prevention, control, containment and
eradication of scheduled animal diseases.
It is necessary to
enact law for prevention, control, containment and eradication of animal
diseases to meet the international standards of
import and export of animals and animal products and for matters connected
therewith or incidental thereto.
Be it enacted by
Provincial Assembly of the Punjab as follows:---
1. Short title, extent
and commencement. (1) This Act may be cited as the Punjab
Animal Health Act, 2019.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions. In this Act:---
(a)
Act
means the Punjab Animal Health Act 2019;
(b)
animal
includes cattle, buffalo, sheep, goat, camel, horse, ass, mule, wild animals
poultry, pheasant, quail, geese, ostrich, zoo birds; and any other animal or
bird as the Government may, by notification, specify;
(c)
animal
market means a place where persons assemble for the sale and purchase of
livestock or animals and includes any place which may be notified as an animal
market under the local government law for the time being in force;
(d)
animal
product means anything originating or made, whether in whole or in part, from
an animal or from a carcass and includes blood, bones, casings, dairy products,
eggs, fat, feedstuffs of animal origin, fish products, hair hides, horns,
hooves, hormones and their biological preparations and other substances of animal
origin which may be specified by the Government;
(e)
animal
welfare means the condition in which an animal is required to be kept in view
of its physical and mental needs;
(f)
carcass
means the carcass of an animal and includes any part or portion thereof;
(g)
check
post means any site declared as such by the Government to carry out checking
of animals for purposes of the Act;
(h)
Chief
Veterinary Officer means an officer designated as such by the Government for
purposes of the Act;
(i)
competent
officer means an officer authorized to perform functions under the Act;
(j)
compulsory
vaccination means vaccination of any animal against any scheduled disease in
respect of which vaccination is made mandatory under the provisions of the Act;
(k)
Department
means Livestock and Dairy Development Department of the Government;
(l)
diseased
means suffering from or carrying any infectious or contagious disease or such
disease as included in the schedule;
(m)
Government
means Government of the Punjab;
(n)
infected
animal means an animal which is infected with any scheduled disease or has
recently been in contact with, or in close proximity to an animal so affected;
(o)
person
includes a company or other entity incorporated under
any law for the time being in force;
(p)
person in charge of an animal means the owner of the animal or
any other person for the time being in possession or custody of the animal;
(q)
prescribed
means prescribed by the rules or the regulations made or framed under the Act;
(r)
quarantine
unit means a site or premises provided to be declared by the authorized
officer for segregation and examination of apparently healthy animals before
entry and exit from the controlled area;
(s)
regulations means the regulations framed under the Act;
(t)
rules
means the rules made under this Act;
(u)
Schedule
means the Schedule appended to the Act;
(v)
scheduled
disease means any disease included in the Schedule appended to the Act;
(w)
traceability
means the methods and tools used for linking the identification of live animals
and the products of animal origin;
(x)
vaccination
certificate means a certificate issued by the authorized officer after
inoculation of vaccine; and
(y)
vehicle
includes every vehicle used as a means of transport.
3. Declaration
of controlled areas.
(1) The Government may, by notification in the official Gazette, declare an
area to be a disease-free area or an eradication area in respect of any
scheduled disease.
(2) A notification shall be issued after a
general survey or such other checks as may be found necessary, which shall be publicly
available.
(3) A notification under subsection (1)
shall remain valid for a period of five years unless modified, varied or
annulled before that period due to occurrence of a disease in a disease-free
area or increase in disease in an eradication area.
(4) Delimitation of a disease-free area or
an eradication area shall be made in a manner that entry of animals in the area
is effectively controlled.
(5) The areas subject to a notification
under subsection (1), shall collectively be called controlled areas.
4. Contents
of a disease-free area notification. (1)
Where the Government declares an area as a disease-free area, it shall
specify in the notification:---
(a)
disease(s)
of which the area is completely free;
certification that is required in order to move an animal into the area; and
(b)
points
where regular checking shall take place.
(2)
Where
an area has been declared to be a disease-free area, the Government shall have
the status of the area verified through independent inspectors once in every
five years period.
5. Contents
of eradication area notification. (1) Where the Government declares an area
as an eradication area, it shall specify in the notification:---
(a)
disease(s)
of which the area is substantially free;
(b)
certification
that is required in order to move an animal into or out of the area; and
(c)
the
areas where regular checking shall take place.
(2) Where an area has been declared as an
eradication area, the Government shall take such measures, including
vaccination, disease treatment or culling, as are necessary for complete eradication
of the disease from that area.
6. Identification of
animals for purposes of certification. (1) The Government shall prescribe by rules
or regulations mechanism for traceability of animals including but not limited
to:---
(a) the time of marking
identification;
(b) the maintenance of
information regarding marked animals or animals carrying identification; and
(c) the passport that an
animal shall carry when entering a disease-free area or eradication area for
purposes of the Act.
(2) Any person who violates any provision of
the rules or the regulations made or framed under subsection (1), shall be
guilty of an offence punishable with fine which may extend to rupees two
hundred thousand.
7. Vaccination and other
preventive measures with regard to controlled areas. (1) All animals in a controlled area shall be subjected to
compulsory vaccination against such scheduled diseases and such other
preventive measures, in such manner and within such time as may be provided in
a notification to be issued by the Government.
(2) Where an area has been declared as a
disease-free area, no animal of any other susceptible species, with regard to
which it is a disease-free area, shall be allowed to enter into that area
unless duly immunized by vaccination against that particular disease.
(3) Where samples are taken for
identification of diseases from a controlled area, they shall be checked from a
laboratory which the Government may notify after the requisite quality checks.
8. Movement
into and removal of animals from controlled areas. The Government
shall by regulations provide for:---
(a)
regulating
the movement of animals generally and into or out of a disease free or an
eradication area;
(b)
regulating
the grazing of animals for purposes of disease control;
(c)
removal
or disposal of carcasses of diseased animals;
(d)
removal
of fodder, litter, dung or any article which has had contact with diseased
animals and may cause the spread of a disease;
(e)
prescribing
and regulating the issue and production of licenses respecting movement and
removal of animals and the use of vessels or vehicles for carrying animals or
for any connected purpose; and
(f)
recovery
of expenses from an owner of an animal for enforcing the regulations framed
under this section.
9. Cleansing
and disinfection.
The Government shall by regulations provide for:---
(a)
cleansing
and disinfection of places used for holding or arranging animal fairs, animal
markets, animal exhibitions, or of places of animals, sheds and stables used
for animals;
(b)
cleansing
and disinfection of vehicles, vessels and aircraft used for carrying animals;
(c)
disinfection
of clothes of a person coming in contact with or employed about diseased
animals or suspected animals; and
(d)
modes
of cleansing and disinfection.
10. Duty
of certain persons to report the existence of scheduled diseases. (1) In
every controlled area, a report that an animal is infected by one or more
scheduled disease(s), shall be made to the local veterinary officer by:---
(a) every person in charge of an animal who
comes to know that an animal is infected;
(b) every veterinary practitioner who is
called for veterinary treatment or to whom an animal is brought for treatment;
(c) every veterinary assistant who visits an
animal for provision of any veterinary service; and
(d) every person who is in charge of
certifying animal health in a public or private slaughter house.
(2) The veterinary officer to whom report has
been made under subsection (1), shall immediately transmit the same to the
Chief Veterinary Officer where the report indicates that an animal afflicted
with a disease has been found in an area which was free of that disease.
(3) The veterinary officer in addition to
transmitting the report mentioned in subsection (2), shall immediately proceed
to the place where the reported animal is present and determine whether the
report is authentic and whether any measures are required to be taken to ensure
control of disease.
(4) The veterinary officer shall intimate the
measures to be taken to ensure control of disease to the Additional Director
Livestock and the person in charge of the infected animal.
11. Separation
of animals. (1) Every person having in his
possession or under his charge an animal affected with disease shall as far as
practicable keep that animal separate from animals not so affected and shall
abide by any instructions given to him by the local veterinary officer for
control of disease.
(2) The Government may by regulations provide
for the manner of separation of animals suspected of diseases and rendering of
information regarding such animals.
(3) Any person other than a person having a
duty to report the existence of disease under section 7(1), who comes to know
that an animal is affected by rabies, shall give notice of the fact with all
practicable promptness to the nearest police officer.
12. Biosecurity
measures: (1) The Government shall issue regulations to provide for appropriate
biosecurity measures to be taken in relation to Foot and Mouth Disease and such
other diseases as may require such measures.
(2) The biosecurity measures under subsection
(1), shall be issued after appropriate consultation with biosecurity experts.
13. Authorization
as Competent Officers.
The Government may, by notification in the official Gazette, authorize such
number of officers, to undertake such powers under the Act in specified local
limits of their respective jurisdiction, as may be specified in the
notification.
14. Vaccination
and issuance of vaccination certificate. (1) The Government may by notification
in the official Gazette require that one or more vaccinations in a controlled
area or outside of it shall be administered by such officers or officials as
may be notified.
(2) Where vaccination has been carried out by
a notified officer or official, such officer or official shall issue a
certificate in the prescribed manner.
15. Check
posts and quarantine units. (1) The Chief Veterinary Officer may declare as
many quarantine units within the province as may be required for the quarantine
of animals suffering from any scheduled disease or suspected of being in close
proximity of such animals, and the quarantine unit in the close proximity of a
controlled area shall act as temporary animal stay before entry or exit from
such controlled area.
(2) Any animal required to be inspected,
vaccinated, or marked may be kept in the quarantine unit for such period as the
competent officer may direct.
(3) The officer in charge of the quarantine
unit shall, at the time of release of an animal from the station, grant a
certificate, in such form as may be prescribed by the Department, to the person
taking charge of the animal, and every such person shall be bound to produce
the certificate whenever required to do so by the competent officer.
16. Welfare
of animals.
(1) The Government may, by regulations, provide for:---
(a) holding, feeding and treatment of
animals which is necessary for animal welfare;
(b) use of animals for transport;
(c) prevention of cruelty to animals;
(d) prevention of neglect to animals; and
(e) charges which a person shall be liable
to pay on account of a local government or any other organization providing for
animals which have been subjected to cruelty or neglect by him or by persons
acting under his instructions.
(2) A violation of the regulations framed
under subsection (1), shall be punishable with fine which may extend to rupees
fifty thousand, and in case of cruelty, it shall also be punishable with
imprisonment which may extend to three months.
17. Powers
of entry and inspection. The Additional
Director livestock concerned or an officer authorized by him may inspect
animals kept in open area, close premises, building, vessel or vehicle for the
purpose of ensuring compliance of the provisions of the Act, the rules or the
regulations made or framed thereunder.
18. Powers
to hold post-mortem examination. Where a competent officer, has reason
to believe that the death of an animal has been caused by an infection with any
scheduled disease, he may make or cause to be made a post-mortem examination of
the animal and for that purpose he may cause the carcass of any such animal to
be exhumed wherever required followed by the proper disposal after necessary
examination and post-mortem.
19. Enforcement
of orders and disposal of carcass. Where a person or authority is required
to take any measures regarding an animal or carcass of an animal in his custody
or charge, by any rules, regulations, notification, notice, requisition, order
or direction made under the Act, the owner or the person in custody shall
immediately do the same:---
provided
that in case of a stray or ownerless animal, carcass of such animal or parts
thereof, the same shall be immediately disposed of by the local government
concerned.
20. Prohibition
for throwing infected animal or carcass in river, etc. Whoever throws or causes or permits to
throw in any river, lake, canal or any other water channel, the carcass or any
part of the carcass of any animal which at the time of its death was known to
be infected, shall be guilty of an offence which shall be punished, in case
offence committed for the first time,
with fine which may extend to fifteen thousand rupees and in case of
non-payment of fine with imprisonment of one month and in case of any
subsequent offence with a fine which may extend to twenty five thousand rupees
or imprisonment for a term which may extend to three months or with both.
21. Prevention
of escape of causative organism. (1) In very institution or laboratory
engaged in the manufacture, testing or research related to vaccines, sera,
diagnostics or chemotherapeutic drugs aimed at the prevention or treatment of
any scheduled disease, adequate precautionary measures shall be taken to:---
(a)
ensure
that the causative organism of any scheduled disease does not escape or
otherwise get released;
(b)
guard
against any such escape or release; and
(c)
warn
and protect all concerned in the event of any escape.
(2) Every person who is in charge of or has
the control of an institution, laboratory or clinic referred in subsection (1),
shall comply with the provisions of subsection (1) and in the event of
non-compliance, he shall be guilty of an offence punishable with fine which may
extend to twenty thousand rupees or imprisonment for a term which may extend to
six months or with both, and in case the establishment is in commercial
manufacturing of vaccines or medicine, a temporary suspension of license up to
a period of one year.
(3) Any animal infected with a scheduled
disease, particularly of zoonotic disease, shall be segregated for observation
and if required shall be euthanized upon approval by the Additional Director
livestock concerned to prevent spread of disease to other animals in best interest
of public health.
(4) In order to prevent spread of causative
organism, no organization or institution shall hold any animal market, animal
fare, animal exhibition or carry any other activity which involves grouping or
gathering of any species of animals within a notified controlled area without
permission of the Chief Veterinary Officer.
22. Penalties. Any person who
contravenes the provisions of the Act, except sections 16 and 17, or obstructs
any competent officer in performance of his duties shall be guilty of an
offence punishable with fine which may extend to ten thousand rupees and in
case of non-payment of fine with an imprisonment for a term which may extend to
one month; and in the case of any subsequent offence, with a fine of twenty thousand
rupees and in case of non-payment of fine with imprisonment for a term which
may extend to two months.
23. The Tribunal. (1)
An offence punishable under the Act shall be exclusively triable by the
Tribunal constituted under section 38 of the Punjab Livestock Breeding Act 2014
(XIII of 2014), in accordance with the provisions of the Code of Criminal
Procedure 1898 (V of 1898), as if the Tribunal were a court of sessions.
(2) The Tribunal may try an offence under the Act in a summary
manner in terms of Chapter XXII of the Code of Criminal Procedure 1898 (V of
1898).
24. Cognizance of offence. The
Tribunal shall not take cognizance of an offence punishable under the Act
except on the complaint of the Deputy Director Livestock concerned.
25. Appeal. Any person aggrieved
by a final order of the Tribunal may, within thirty days from the date of
communication of the sentence, prefer an appeal to Lahore High Court.
26. Indemnity. A
suit, prosecution or other legal proceeding shall not lie against an officer of
the Livestock and Dairy Development Department of the Government for anything
done or intended to be done in good faith under the Act.
27. Power
to amend the Schedule.
The Government may, by notification in the official Gazette, add to, or omit
from the Schedule any animal disease.
28. Power
to remove difficulties. (1) If any difficulty arises in giving effect to
the provisions of the Act, the Government may, within two years of the
enactment of the Act, by notification in the Official Gazette, make such
provisions, not inconsistent with the provisions of the Act, as appear
necessary for removing the difficulty.
(2) Every notification issued under
subsection (1) shall, as soon as may be after its issuance, be laid before
Provincial Assembly of the Punjab.
29. Power
to make rules.
The Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of the Act.
30. Power
to frame regulations.
Subject to the Act and the rules, the Government or the Department, by
notification in the Official Gazette, may frame regulations for carrying out
the provisions of the Act.
31. Repeal
and savings.
(1) The Glanders and Farcy Act, 1899
and the Dourine Act, 1910 in their application to Punjab are hereby repealed.
(2) Notwithstanding the repeal of the Acts
under subsection (1), the repeal shall not:---
(a) affect the previous operation of any
such provision of law or anything duly done or suffered thereunder;
(b) affect any right, privilege, obligation
or liability acquired, accrued or incurred under any such provision of law;
(c) affect any penalty, forfeiture or
punishment incurred in respect of any offence committed against any such
provision of law; or
(d) affect any investigation, legal
proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid; and every such
investigation, legal proceeding or remedy may be continued, instituted or
enforced, and any such penalty, forfeiture and punishment may be imposed, as if
the aforesaid provisions of law had continued.
(3)
Anything
done or any action taken under any provision of the repealed Acts, including
any notification, order, notice or receipt issued or declaration made, shall in
so far as it is not inconsistent with the provisions of the Act, be deemed to
have been done, taken, issued or made under the corresponding provisions of the
Act, and shall continue in force accordingly, unless and until superseded by
anything done or any action taken under the Act.
SCHEDULE
[see sections 2(u) & section 27]
1.
Anaplasmosis
2.
Anthrax
3.
Avian influenza
4.
Babesiosis
5.
Black Quarters
6.
Blue Tongue
7.
Brucellosis
8.
Bovine Ephemeral Fever (BEF)
9.
Bovine Spongiform
Encephalopathy (Mad Cow)
10.
Bovine Tuberculosis (BTb)
11.
Bovine Viral Diarrhoea
12.
Buffalo Pox/Cow Pox
13.
Camel Pox
14.
Contagious Bovine Pleuro-pneumonia
15.
Contagious Caprine Pleuro-pneumonia
16.
Caprine Pustular Dermatitis
17.
Enterotoxaemia
18.
Equine Influenza
19.
Foot and Mouth Disease
20.
Glanders
21.
Haemorrhagic Septicaemia
22.
Infectious Bovine Rhinotracheitis (IBR)
23.
Newcastles Disease
24.
Peste des Petits Ruminants (PPR)
25.
Rabies
26.
Scrapie
27.
Sheep and Goat Pox
28.
Strangles
29.
Surra
30.
Theileriosis
31.
Trypnosomiasis
32.
Vesicular Stomatitis
33.
Johnes Disease
[1]This Act was passed
by the Punjab Assembly on 25 November 2019; assented to by the Governor of the
Punjab on 10 December 2019; and was published in the Punjab Gazette
(Extraordinary), dated 13 December 2019, pages
2627-34.
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