Updated: Sunday May 29, 2016/AlAhad
Sha'ban 22, 1437/Ravivara
Jyaistha 08, 1938, at 07:44:19 PM
The
ORDINANCE XLIX OF 1979
[17]
An Ordinance to regulate the import,
export and quarantine of animals and animal products
WHEREAS it is expedient to
regulate the import, export and quarantine of animals and animal products in
order to prevent the introduction or spread of diseases and to provide for
matters connected therewith or incidental thereto;
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, read with the
Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and
in exercise of all powers enabling him in that behalf, the President is pleased
to make and promulgate the following Ordinance:---
1. Short title, extent
and commencement.__ (1) This Ordinance may be called the
Pakistan Animal Quarantine (Import and Export of Animals and Animal Products)
Ordinance, 1979.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,---
(a) “animal” includes all kinds of,---
(i) birds;
(ii) cold‑blooded creatures;
(iii) creatures by means of which any disease may be
carried or transmitted;
(iv) crustacean
(v) fish;
(vi) four‑footed beasts which are not mammals
(vii) mammals, except man; and
(viii) reptiles;
(b) “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, foodstuffs of animal origin, fish
products, hair, hides, horns, hooves, hormones and their biological
preparations, offals, seed materials for research purposes, semen, skins,
tendons, viscera, wool and any other substance of animal origin which may be
specified by the Federal Government by notification in the official Gazette;
(c) “carcass” means the carcass of an animal and includes any
part or portion thereof;
(d) “diseased” means suffering from or carrying any infectious
or contagious disease or such disease as may be declared by the Federal
Government from time to time by notification in the official Gazette;
(e) “fodder” means hay, roughage, concentrate or any other
substance used for feeding animals;
(f) “health certificate” means a certificate issued by a
Quarantine Officer in respect of the health status of animals and animal
products;
(g) “import” and “export” respectively means bringing into or
taking out of
(h) “litter” means any substance used as bedding for animals or
for holding or containing animals in the process of transportation;
(i) “prescribed” means prescribed by rules;
(j) “points of entry” and “points of exit” mean the Islamabad
Airport, Karachi Airport, Karachi Harbour, Lahore Airport, Peshawar Airport,
Quetta Airport, the Chaman, Kuh‑i‑tuftan, Turkham, Khokhrapar and
Lahore land routes and include any other authorised land, sea or air route
declared by the Federal Government from time to time by notification in the
official Gazette;
(k) “quarantine” means a site or premises provided or approved
by the Federal Government for the isolation and examination of animals and
animal products intended for import or export;
(l) “Quarantine Officer” means any veterinarian duly authorised
by the Federal Government to exercise and perform the powers and functions of
Quarantine Officer under this Ordinance; and
(m) “rules” means rules made under this
Ordinance.
3. Power to regulate and
prohibit import and export of animals and animal products.__ (1) The Federal Government may, by
notification in the official Gazette, prohibit, restrict or otherwise regulate,
subject to such conditions as it may think fit to impose, the import or export
of any animal or class of animals or animal products likely to introduce
diseases to any other animal, animal product or man.
(2) A notification under
this section may specify any animal or class of animals or animal products
either generally or in any particular manner, whether with reference to the
country of origin, or the route by which imported or otherwise.
(3) Any condition imposed
under this section may require,---
(a) the examination, inspection and detention in quarantine by
the Quarantine Officer of the animals or animal products brought in or to be
taken out;
(b) the obtaining of health certificate;
(c) the treatment or detention, confiscation and destruction of
diseased animals or animal products; and
(d) that any animal or class of animals or animal products shall
not be imported or exported except by a specified agency of the Federal
Government.
4. Operation of
notification under section 3. A notification under section 3 shall operate as if it had
been issued under section 16 of the Customs Act, 1969 (IV of 1969), and the officers of customs shall have the
same powers in respect of any animal or animal product in respect of which such
a notification has been issued as they have for the time being in respect of
any article the importation or exportation of which is prohibited or restricted
under the said Act, and all the provisions of that Act shall have effect accordingly.
5. Control of animals
and animal products in quarantine. All animals and animal products detained in quarantine shall
be under the control of the Quarantine Officer and shall be dealt with in the
prescribed manner.
6. Powers, duties and
functions of Quarantine Officer. Subject to the provisions of this Ordinance, the Quarantine
Officer shall have the power to,---
(a) inspect animals and animal products;
(b) detain in and release from quarantine and determine the
length of the quarantine period;
(c) order the carrying out of the prescribed tests;
(d) issue health certificate;
(e) order destruction of such animals or animal products as may,
after such examination and tests as may be prescribed, be found to be diseased;
(f) order disposal of clothing, dung, fittings, fodder, harness
or litter that may have been in contact with, or pertaining to, diseased
animals and animal products;
(g) require proper disinfection of any premises or aircraft or
railway wagon or carriage or vessel or vehicle of any description used for
carrying animals and animal products;
(h) approve conditions to be observed in export quarantine;
(i) prohibit export of animals considered unfit to travel;
(j) prohibit voyages of vessels carrying animals during adverse
weather;
(k) inspect and issue certificates in respect of animals and
animal products in transit;
(l) deport any animal or animal product, at the expenses of the
person importing such animal or animal product, the import of which is
prohibited by the Federal Government; and
(m) carry out such functions as are necessary for the successful
operation and management of quarantine stations.
7. Cognizance of
offence.
8. Penalties.__(1) Whoever contravenes or attempts to
contravene any of the provisions of this Ordinance or the rules or any
notification issued thereunder, shall, without prejudice to any penalty to
which he may be liable under the provisions of the Customs Act, 1969 (IV of 1969), as applied by section 4, be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to five thousand rupees, or with both.
(2) Any import of animals
or animal products not accompanied by a valid import licence and the prescribed
health certificate shall, if found free from infectious or contagious disease,
be disposed of by the Federal Government in such manner as may be prescribed.
9. Appointment of
officers and members of staff. The Federal Government may appoint such number of officers
and members of staff as it may deem fit for carrying out the purposes of this
Ordinance.
10. Revision.__(1) Any person aggrieved by an order
passed by the Quarantine Officer under this Ordinance may apply for revision to
the Federal Government within thirty days from the date of issue of such order,
and the decision of the Federal Government shall be final 1[:]
1[Provided that no order on such revision
shall be passed unless the applicant has been given an opportunity of being
heard.]
(2) The Federal Government
may, on the receipt of an application under sub-section (1), stay the operation
of the order of the Quarantine Officer till the disposal of the application.
11. Indemnity. No suit, prosecution or other legal
proceedings shall lie against the Federal Government or the Quarantine Officer
or any other person for anything in good faith done or intended to be done
under this Ordinance, or the rules.
12. Exemption. The Federal Government may, by
notification in the official Gazette, exempt any animal or animal product from
the operation of all or any of the provisions of this Ordinance, subject to
such conditions, if any, as may be specified in the notification.
13. Delegation of powers. The Federal Government may, by
notification in the official Gazette, delegate to a Provincial Government, or
to any officer or authority of such Government, any of its powers under this
Ordinance.
14. Power to make rules.__ (1) The Federal Government may, by
notification in the official Gazette, make rules2for
carrying out the purposes of the Ordinance.
(2) In particular and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:---
(a) the conditions to be observed before, during and after
importation of animals or animal products;
(b) the procedure for the landing, inspection, quarantine,
seizure, detention and treatment of animals and animal products;
(c) methods of testing for identification of diseases;
(d) the forms and fees for licences to import or export animals
or animal products, health certificates, certificates of freedom from disease
and certificates of vaccination, destruction, disinfection, onward movement and
approval of export quarantine;
1Subs. and ins. by the
2For such rules see S.R.O. 1007(I)/80,
dated 20-8-1980, Gaz. of P., 1980, Extra., Pt. II, pp. 1766-79.
(e) the limits of the points of entry and points of exit;
(f) the quarantine charges and the recovery of costs of keeping
animals and animal products therein;
(g) the method of cleaning and disinfection;
(h) the manner of identification of imported animals; and
(i) any other matter which is to be or may be prescribed.
15. [Repeal.] Omitted by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3
and II sch.
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