Diseases of Animals Act, 1961 (Act 83)
The Minister may declare additional epizootic diseases to be covered by the Act, and may limit how the Act applies to them.
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- Act 83
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- en
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Statute overview
About this statute
The Minister may declare additional epizootic diseases to be covered by the Act, and may limit how the Act applies to them. The Minister may declare an infected area when a disease breaks out in a district, area, or place. Animal owners or caretakers must promptly notify the nearest veterinary authority if an animal has died of, is suffering from, or is suspected of having a disease. The owner or person in charge of an infected animal must immediately isolate it from other animals until a veterinary authority gives disposal directions. A person may not sell, dispose of, or send away animals or their carcass, flesh, or other parts if they have been in contact with certain animals, unless a veterinary authority gives permission.
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Provisions of Diseases of Animals Act, 1961 (Act 83)
Showing 23 of 23
- 1 Verify source ↗
Power of Minister to apply Act to other epizootic diseases
AI-assisted research summary: The Minister may declare additional epizootic diseases to be covered by the Act, and may limit how the Act applies to them.
Section 1—Power of Minister to Apply Act to Other Epizootic Diseases. The Minister may by legislative instrument declare that any epizootic disease not specifically mentioned in section 22 of this Act shall be a disease within the meaning of this Act; and the provisions of this Act shall, subject to such limitations, if any, as he may specify, apply to the disease. - 2 Verify source ↗
Power of Minister to declare infected areas
AI-assisted research summary: The Minister may declare an infected area when a disease breaks out in a district, area, or place.
Section 2—Power of Minister to Declare Infected Areas. Whenever a disease breaks out in any district, area, or place, the Minister by executive instrument may declare the district, area, or place, or any portion thereof, to be an infected area within the meaning of this Act; and the provisions of this Act relating to infected areas, shall, subject to such limitations, if any, as he may specify, apply to the infected area. - 3 Verify source ↗
Veterinary authority to be notified of cases of disease
AI-assisted research summary: Animal owners or caretakers must promptly notify the nearest veterinary authority if an animal has died of, is suffering from, or is suspected of having a disease.
Section 3—Veterinary Authority to be Notified of Cases of Disease. Every owner or person having the charge of an animal which has died of, or is suffering from a disease, or which he has reason to suspect to have died of, or to be suffering from a disease, shall forthwith notify the nearest veterinary authority. - 4 Verify source ↗
Isolation of infected animals
AI-assisted research summary: The owner or person in charge of an infected animal must immediately isolate it from other animals until a veterinary authority gives disposal directions.
Section 4—Isolation of Infected Animals. Until a veterinary authority gives direction as to the disposal of the animal referred to in section 3 of this Act the owner or the person in charge of the animal shall forthwith separate it and keep it from all other animals not suffering from the disease or which he has no reason to suspect to be suffering from the disease. - 5 Verify source ↗
Animals in contact with infected animals
AI-assisted research summary: A person may not sell, dispose of, or send away animals or their carcass, flesh, or other parts if they have been in contact with certain animals, unless a veterinary authority gives permission.
Section 5—Animals in Contact with Infected Animals. No person shall without the permission of a veterinary authority disperse or dispose of, whether by sale or otherwise, or send away any animals, or the carcass or flesh or other part of any animals, which have been in contact with animals referred to in section 3 of this Act. - 6 Verify source ↗
Power of veterinary authority to inspect animals
AI-assisted research summary: A veterinary authority may require an owner or person in charge of an animal to present it for inspection and provide information about it, and failure to comply is an offence.
Section 6—Power of Veterinary Authority to Inspect Animals. A veterinary authority may at all reasonable times require any owner or person having charge of an animal to produce it for inspection, and to give him any information respecting such animal as the veterinary authority may desire. Any owner or person who refuses, delays, or omits to comply with any such requirements shall be guilty of an offence under this Act. - 7 Verify source ↗
Power of veterinary authority to perform autopsies
AI-assisted research summary: A veterinary authority may order or carry out an examination of an animal’s body if it suspects the animal died of a disease.
Section 7—Power of Veterinary Authority to Perform Autopsies. Whenever a veterinary authority suspects that an animal has died of a disease he may perform or cause to be performed an examination on the body of such animal as he or the person performing the examination may consider necessary or desirable. - 8 Verify source ↗
Power of veterinary authority to require disinfection or quarantine
AI-assisted research summary: Veterinary authorities may require animals to be examined, treated, disinfected, or quarantined when needed to prevent disease.
Section 8—Power of Veterinary Authority to Require Disinfection or Quarantine. Any veterinary authority may at any time require any animal to be examined, inoculated, sprayed, dipped, washed, or otherwise disinfected or to undergo a period of quarantine if he considers it to be necessary in order to prevent the outbreak or spread of disease. - 9 Verify source ↗
Powers of veterinary authority with respect to disinfection, destruction
AI-assisted research summary: A veterinary authority may disinfect, destroy, isolate, detain, and direct the handling of animals and infected materials in disease cases.
Section 9—Powers of Veterinary Authority with Respect to Disinfection, Destruction. A veterinary authority— (a) may disinfect or cause to be disinfected any building, yard, pen, or other place in which any case or suspected case of disease has occurred, and any material which the veterinary authority considers to be or likely to be infected; (b) may destroy, or cause to be destroyed any fodder, fence, hedge, carcass, flesh, or material which in his opinion is or is likely to be infected and which he considers cannot effectively be disinfected; (c) may order that the hide or skin of any animal, which has died of or which on slaughter is found to be infected with a disease, shall be dried, cured, or otherwise disposed of as he thinks fit; (d) may cause any animal, which has been in contact with any animal or carcass infected or suspected by him to be infected with disease, to be isolated in such place and in such manner as he thinks fit; (e) may seize and detain, or cause to be seized and detained, any animal found at large and infected with, or suspected to be infected with, a disease; (f) may, if he considers that such destruction is necessary in the interests of the public health, destroy, or cause to be destroyed (subject to the provisions of any regulations made under section 21 of this Act) any animal infected with, or suspected to be infected with, a disease; and (g) may issue such directions and take such steps as he thinks fit with respect to the disposal, movements, detention, inspection, examination, disinfection, inoculation, quarantining, and destruction of animals in the cases herein referred to, as also generally (subject to the provisions of any regulations under section 21 of this Act) with respect to the due administration of the provisions of this Act and of the regulations thereunder. - 10 Verify source ↗
Effect of declaring an infected area
AI-assisted research summary: If the Minister declares an area infected, animal owners or keepers must register and report details, and affected animals may not enter or leave except under veterinary directions.
Section 10—Effect of Declaring an Infected Area. Whenever the Minister declares a district, area, or place to be an infected area under section 2 of this Act, the following provisions shall apply to the infected area— (a) every owner or person having the charge of any animal capable of suffering from the disease by reason of an outbreak of which the area has been declared to be an infected area shall forthwith register himself at the nearest Agriculture Office in the district or such office as may be prescribed by regulations under section 21 of this Act, and shall state the number of animals owned by him or of which he is in charge, and the area where the animals feed and, on any variation in the number or alteration of the area, the owner or person in charge of the animal shall forthwith in like manner register the variation or alteration; (b) no animal referred to in paragraph (a) shall be allowed to enter or to leave the infected area except in strict accordance with any directions which a veterinary authority may give in that behalf and by such route (if any) as a veterinary authority may prescribe. - 11 Verify source ↗
Presumption
AI-assisted research summary: If an owner or person in charge of a diseased animal is charged with an offence under the Act, they are presumed to have known the animal had the disease unless they satisfy the court otherwise.
Section 11—Presumption. When the owner or person in charge of any animal suffering from a disease is charged with an offence under this Act, he shall be presumed to have known of the existence of the disease in the animal unless he satisfies the court that he had no such knowledge and could not with reasonable diligence have obtained such knowledge. - 12 Verify source ↗
Power of Minister to suspend operation of provisions of this Act in certain cases
AI-assisted research summary: The Minister may suspend this Act’s provisions for animals or diseases by executive instrument.
Section 12—Power of Minister to Suspend Operation of Provisions of this Act. The Minister may, by executive instrument, suspend the operation of any of the provisions of this Act with respect to animals or diseases, and subject to such limitations and conditions, if any, as he may specify, the provisions shall cease to operate accordingly. - 13 Verify source ↗
Power of Minister responsible for Finance to authorise payment of compensation. Veterinary Guards
AI-assisted research summary: The Minister responsible for Finance may authorise compensation payments from the Consolidated Fund when it is proper to do so, subject to section 21 regulations.
Section 13—Power of Minister Responsible for Finance to Authorise Payment of Compensation. (1) Whenever it appears to the Minister responsible for Finance to be proper that pecuniary compensation should be paid to any person who has sustained loss by reason of any measure which has been taken under this Act, he may, subject to any regulations made under section 21 of this Act, authorise payment of a sum of money out of the Consolidated Fund to any person in such manner as he thinks fit. (2) Nothing in this section shall be deemed to entitle any person as of legal right to receive compensation in respect of any loss alleged to have been sustained by reason of any measures referred to in this section. Veterinary Guards - 14 Verify source ↗
Appointment of veterinary guards
AI-assisted research summary: The Chief Veterinary Officer may arrange for people to be appointed as veterinary guards, and may direct their conditions of service.
Section 14—Appointment of Veterinary Guards. The Chief Veterinary Officer may provide for the appointment of persons as veterinary guards by such person and on such conditions of service as he may direct. - 15 Verify source ↗
Duties of veterinary guards
AI-assisted research summary: Veterinary guards may be employed under the Chief Veterinary Officer’s control and superintendence to help prevent and detain offences and apprehend offenders under the Act.
Section 15—Duties of Veterinary Guards. Veterinary guards may be employed under the control and superintendence of the Chief Veterinary Officer for the prevention and detention of offences and the apprehension of offenders against this Act. - 16 Verify source ↗
Execution by veterinary guards of criminal process
AI-assisted research summary: Veterinary guards may serve and execute summonses and warrants issued by a District Magistrate for alleged offences against this Act.
Section 16—Execution by Veterinary Guards of Criminal Process. Veterinary guards may serve and execute summonses and warrants issued by a District Magistrate in respect of alleged offences against this Act. - 17 Verify source ↗
Arrest by veterinary guards without warrant
AI-assisted research summary: A veterinary guard may arrest someone found committing an offence against the Act without a warrant, and must promptly take the arrested person before the District Magistrate or hand the person to a police officer.
Section 17—Arrest by Veterinary Guards without Warrant. A veterinary guard may, with or without a warrant or other legal process, arrest any person whom he finds committing any offence against this Act; and shall without unnecessary delay bring any person so arrested before a District Magistrate of the district in which the arrest was effected, or hand him over into the custody of a police officer. - 18 Verify source ↗
Veterinary guards uniform
AI-assisted research summary: The Minister may prescribe a distinctive uniform or badge for veterinary guards, and other people may not wear it without the Minister’s written permission.
Section 18—Veterinary Guards Uniform. (1) The Minister may prescribe a distinctive uniform or badge for veterinary guards. (2) No person other than a veterinary guard shall wear without permission in writing from the Minister such uniform or badge, or any dress or badge having the appearance or bearing of any of the distinctive marks of such uniform or badge. (3) If any person contravenes the provisions of subsection (2) he shall be liable on conviction to a fine not exceeding ten pounds and in default of payment to imprisonment for a term not exceeding two months. - 19 Verify source ↗
Power of public officers to execute provisions of this Act
AI-assisted research summary: Public officers may take necessary action to carry out the Act, and lawsuits for damages or compensation over those acts need the Attorney-General’s written consent.
Section 19—Power of Public Officers to Execute Provisions of the Act. All public officers are hereby authorised and empowered to take all such necessary action and to do all such things as the efficient execution of any of the provisions of this Act may reasonably require; and no action, suit, or civil proceeding of any kind whatsoever shall, without the written consent of the Attorney-General, be brought against any person in any court for damages or compensation in respect of any measures or acts which may be taken or done in the execution or intended execution of such person's duties under this Act. - 20 Verify source ↗
Offences
AI-assisted research summary: A person commits an offence if they break a provision of the Act with no separate penalty, or if they wilfully obstruct a public officer without lawful excuse.
Section 20—Offences. (1) Any person who contravenes any of the provisions of this Act for which a penalty is not expressly provided, or who without lawful excuse wilfully hinders, delays, or obstructs any public officer acting in the execution of his functions thereunder, shall be guilty of an offence under this Act, and on conviction thereof shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding fifty pounds or to both. - 21 Verify source ↗
Regulations
AI-assisted research summary: The Minister may make regulations by legislative instrument to give full effect to this Act.
Section 21—Regulations. The Minister may by legislative instrument make such regulations as he considers necessary or expedient for giving full effect to the provisions of this Act. - 22 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Act, including “animal,” “disease,” “infected area,” “Minister,” and “veterinary authority.”
Section 22—Interpretation. In this Act, unless the context otherwise requires— "animal" means any animal liable to infection with a disease, as that term is in this section defined, but, when used in specific connection with or with specific respect to any particular disease, means only such animals as are liable to infection with that disease; "disease" means cattle plague (rinderpest), anthrax, contagious bovine pleuro-pneumonia, foot-and-mouth disease, swine fever, glanders, "quarter-ill," epizootic lymphangitis (yaws), rabies, trypanosomiasis, mange, swine erysipelas, fowl pest (Newcastle disease), fowl- plague, fowl-typhoid, bacillary white diarrhoea, fowl-paralysis, tuberculosis, fowl pox, African swine fever, African horse sickness, and any disease of an epizootic character which the Minister may in section 1 of this Act declare to be a disease within the meaning of this Act; "infected area" means any area which may be declared under section 2 of this Act; "Minister" means the Minister of Agriculture; "veterinary authority" includes an officer of the Department of Animal Health not below the rank of Laboratory Assistant, and (in the absence of that officer) a Medical Officer of the Ministry of Health, an officer of the Health Branch of the Ministry not below the rank of Sanitary Superintendent. - 23 Verify source ↗
Section 23
AI-assisted research summary: This section repeals three named Ordinances and saves existing statutory instruments made under them so they continue in force as if made under the corresponding provisions of this Act.
Section 23—Repeals and Savings. (1) The following enactments are hereby repealed— The Cattle Guards (Colony) Ordinance (Cap. 35); The Cattle Guards (Northern Territories) Ordinance (Cap. 36); The Diseases of Animals Ordinance (Cap. 245). (2) Every statutory instrument made under the repealed Ordinances and in force immediately before the commencement of this Act shall continue in force as if made under the corresponding provisions of this
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