ACTS PDF - Gujarat Animal Preservation Act, 1954

ACTS The Gujarat Animal Preservation Act, 1954 Syn: Gujarat Cow Slaughter Act This Act is to provide for the preservation of animals suitable for milch, breeding or for agricultural purposes. The Act, specific to the western Indian state of Gujarat, prohibits the slaughter of cattle. A p...

ACTS The Gujarat Animal Preservation Act, 1954 Syn: Gujarat Cow Slaughter Act This Act is to provide for the preservation of animals suitable for milch, breeding or for agricultural purposes. The Act, specific to the western Indian state of Gujarat, prohibits the slaughter of cattle. A person transporting cattle from one region or the state to another is deemed to be transporting them for slaughter unless they are able to prove otherwise. Persons are prohibited from selling, storing, transporting or offering for sale beef or beef products. Animals other than cattle may be slaughtered, but may be slaughtered only after a certificate is issued by the Competent Authority. Offences under this Act are cognizable—this means that offenders may be arrested without a warrant. Offences under this Act carry with them imprisonment or fines.  (1)Whoever in contravention of the provisions of sub-section (1) of section 5, slaughters any animal without a certificate for which such certificate is required, shall, on conviction be punished with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees. (2) Whoever in contravention of the provisions of sub-section (1) of section 5, slaughters any animal as specified in sub-section (1A) of section 5 shall, on conviction, be punished with imprisonment for a term which may extend to seven years but shall not be less than three years and with fine which may extend to fifty thousand rupees. (3) Whoever contravenes the provisions of sections 6 shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees. (4) Whoever contravenes the provisions of section 6A or 6B shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to twenty-five thousand rupees.  this Act shall not apply to- (1) any animal operated upon for vaccine lymph, serum, or for any experimental or research purposes at an institution established, conducted or recognised by the State Government ; (2)any animal or class of animals- (i) slaughter of which is certified by a Veterinary Surgeon authorized in this behalf by the State Government to be necessary in the interest of the public health, (ii) which are suffering from any disease which is certified by such Veterinary Surgeon as being contagious and dangerous to other animals.  Glanders and Farcy Act of 1899 Passed by the Governor-General of India in council. Diseased", means affected with glanders or farcy or any other dangerous epidemic disease among horses Powers of entry and search: - Within the local limits for which he is so appointed any such inspector as aforesaid may, subject to such rule as the local Government may make in the behalf, enter any search any field, building, or other place for the purpose of retaining whether there is therein any horse which is diseased. Power of Seizure:- Within such limits as aforesaid, the Inspector may seize any horse which he has reason to believe to be disease.  the Inspector shall cause the horse seized to be examined as soon as possible by such Veterinary Practitioner as the Local Government may appoint in this behalf. No person in charge of any horse which has been in the same field, building or place as or in contact with a diseased horse, shall remove such horse except in good faith for the purpose of preventing infection The owner or any person in charge of a diseased horse shall give immediate information of the horse being diseased to the Inspector or to such authority as the State Government may appoint in this behalf. Whoever refuses or neglects to comply with any notice issued by the Inspector under Section, 9 or removes any horse in contravention of section 11, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both  If the Veterinary Practitioner certifies in writing that the horse is diseased, the Inspector shall cause the same to be immediately destroyed: Provided that, in the case of any disease other than glanders or farcy, horses certified to be diseased as aforesaid may, subject to any rules which the State Government may make in this behalf, be either destroyed or otherwise treated or dealt with as the Veterinary Practitioner may deem necessary. If, after completing the examination, the Veterinary Practitioner does not certify that the horse is diseased, the Inspector shall at once deliver the same to the person entitled to the possession thereof. When any diseased horse has been in any building, shed or other enclosed place, or in any open lines, the Inspector may issue a notice to the owner of the building, shed, place or lines, or to the person in charge thereof, directing him to have the same disinfected and the internal fittings thereof, or such other things found therein or near thereto as the State Government may by rule prescribe, destroyed.  The Dourine Act, 1910 Act 05 of 1910 State government may make such orders as it thinks fit directing and regulating the registration of entire horses maintained for breeding purposes State Government may appoint any persons it thinks fit to be inspectors, and any qualified veterinary surgeons to be veterinary practitioners Inspectors may enter and search any building, field or other place for the purpose of ascertaining whether there is therein any horse which is affected with dourine  prohibit, by order in writing, the owner or keeper of any horse, which in his opinion is affected with dourine, from using such horse for breeding purposes, pending examination by the veterinary practitioner; direct, by order in writing, the owner or keeper of any horse which, in the opinion of the inspectors, is affected with dourine to remove it or permit it to be removed for the purpose of segregation to a place specified in the order, and such direction shall be sufficient authority for the detention of the horse in that place for that purpose. An inspector issuing an order shall forward a copy of such order to the veterinary practitioner. A veterinary practitioner as soon as possible after receipt of such copy, examine the horse mentioned therein, and may for such purpose enter any building, field or other place. A veterinary practitioner may o cancel any ORDER issued o if on microscopical examination or by other scientific test he finds that any horse is affected with dourine,it should be castrated. When any horse is castrated or destroyed under section 8, the market-value of such horse immediately before it became affected with dourine shall be ascertained; and the State Government shall pay as compensation to the owner  In the case of an entire horse which survives castration, half the amount by which such value has been diminished owing to infection with dourine and castration. A veterinary practitioner may award, as compensation to be paid under section 9 in respect of each horse castrated or destroyed under section 8, a sum not exceeding two hundred and fifty rupees. If, in the opinion of the veterinary practitioner, the amount which should be paid as such compensation exceeds two hundred and fifty rupees, he shall report accordingly to the Collector, he shall decide the amount to be so paid Whoever uses or permits diseased horse to be used for breeding purposes, shall be punishable with fine which may amount, in the case of a first conviction, to fifty rupees, or, in the case of a second or subsequent conviction, to one hundred rupees. Whoever, being an inspector appointed under this Act, vexatiously and unnecessarily enters or searches any field, building or other place, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Act.  The Indian Veterinary Council Act, 1984 An act to regulate veterinary Practice VCI and state veterinary councils maintain the registers of veterinary practitioners and matters connected with it. Parliament has no power to make laws for the States "Registered Veterinary practitioner" means a persons whose name is for the time being duly registered in a register (VCI register)  The Council shall consist of the following members, namely : (a) Five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) or those states to which this Act extends (b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the state to which this Act extends (c) one member to be nominated by the Indian Council of Agricultural Research8 (d) the Animal Husbandry commissioner, Government of India, ex-officio (e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry (f) one member to be nominated by the Indian Veterinary Association (g) eleven members to be elected from amongst themselves by persons enrolled in the Indian Veterinary practitioners register (h) one member to be nominated by the Central Government from amongst the presidents of the State Veterinary Councils of those States to which this Act extends (i) one member to be nominated by the Central Govt. from amongst the presidents of the State Veterinary Associations of those States to which this Act extends; (j) Secretary, Veterinary Council of India, ex-officio The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations. The President or Vice-President or member, other than an ex-officio member can hold office for a term not exceeding three year The Council shall meet at least twice in a year at such time and place as may be appointed by the Council. The Secretary, Officers and other employees of the Council shall be deemed to be public servants The Veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised veterinary qualifications for the purposes of this Act.  A committee constituted under section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that veterinary institution. When upon report by the Committee or the visitor, Council can withdraw recognition also. The Council may, by regulations, specify the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those states to which this Act extends.  The Council, shall as soon as may be after the commencement of this Act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the Indian Veterinary practitioners registers which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a State Veterinary register of the state to which this Act extends. Any person whose name has been entered in the Indian veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as maybe provided by regulation, be entitled to a certificate of registration.  If any person whose name is entered in the Indian Veterinary practitioners register obtaining any post graduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, entry of additional qualifications can be done If the name of any person enrolled on a State Veterinary register is removed there from in pursuance of any power conferred under this Act, the Council shall direct the removal of the name of such person from the Indian veterinary practitioners register Person enrolled on Indian Veterinary practitioners register to notify change of place of residence or practice. Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian Veterinary practitioners register shall be entitled according to his qualifications to practice as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled. Minimum standards of Veterinary education 1) The Council may, by regulations, specify the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those states to which this Act extends. 2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to the State Government concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State Government received within three months from the furnishing of the copies as aforesaid. 3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research. 4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit.  Right of persons who are enrolled on the Indian Practitioners register No person other than a registered veterinary practitioner, shall – (a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority; (b) Practice veterinary medicine in any State : Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services. o "Minor Veterinary services" means the rendering of preliminary veterinary aid, like, vaccination castration and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the official Gazette, specify in this behalf; (c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner;  Establishment and composition of State Veterinary Councils: State Government shall establish a State Veterinary Council The State Government shall as soon may, be cause to be prepared in the manner hereinafter provided a register of veterinary practitioners to be, known as the State Veterinary register for the State. A person shall be entitled, on payment of the prescribed fee not exceeding twenty five rupees, to have his name entered on the State Veterinary register if he resides in the State and if he holds a recognised veterinary qualification. The State Government may, by notification in the official Gazette, direct that for the retention of a name in the State Veterinary register, there shall be paid in every five years to the State Veterinary Council such renewal fee, not exceeding fifteen rupees as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid before the 1st day of April of the year to which it relates. Transfer of registration in between state also possible Penalty for falsely claiming to be registered---- may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.  After the expiry of one year from the date appointed under sub- section (2) of section 45, no person other than a registered veterinary practitioner or a person permitted by the State Government under the provision to clause (b) of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that State.------------punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees, or with both. THANK YOU