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LIVE STOCK IMPORTATION ACT, 1898
9 of 1898
12th August, 1898
STATEMENT OF OBJECTS AND REASONS "The importation into one of the sea ports of British India of a cargo of horses from Australia, which proved to be infected with the tick disease-a disease very fatal to cattle and capable of being conveyed by other animals, such as horses, themselves immune from it-led to an examination of the existing legal powers of the Government to prevent the importation of live-stock liable to be affected by infectious or contagious disorders. As these powers were found to be defective it has been decided, in consultation with the Governments of Madras, Bombay and Bengal, to take the necessary powers. Instead of amending the Indian Ports Act (10 of 1889), it is thought preferable to proceed by way of self-contained Act. The provisions of the Bill are general in character, and empower the Governor General in Council to regulate, restrict or prohibit the importation into British India by land or sea of any live-stock which may be liable to be affected by infectious or contagious disorders. The Bill confers necessary powers on officers of Customs at every port, and enables Local Governments to make rules for detention, inspection, disinfection or destruction of such stock, and for the guidance of officers appointed under the rules. It is not intended to interfere with the inland trade, except so far as to prevent the removal of live-stock, the importation of which has been prohibited, from one part of British India to another."-Gazette of India, 1898, Part V, page 282.
An Act to make better provision for the regulation of the importation of live-stock. WHEREAS it is expedient to make better provision for the regulation of the importation of live-stock which is liable to be affected by infectious or contagious disorders; It is hereby enacted as follows:-
It has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1872), section 3. Sonthal Parganas now form Part of Bihar State. This Act has been extended to the new Provinces and merged
States by the Merged States (Laws) Act, 1949 (59 of - 1949), section 3(1-1-1950) and to the Union Territories of Manipur and Tripura by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 (16-4-1950). Manipur and Tripura are now States.-See Act 81 of 1971. sections 3 and 4 (30-12-1971). It has also been extended to the Slates merged in the State of Punjab. See Punjab Act 5 of 1950, section 3 (15-4-1950). Punjab is split up into two States-Haryana and Punjab by Act 31 of 1966; Parts of Punjab have gone to Himachal Pradesh and Chandigarh. Himachal Pradesh is now a State.-See Act 53 of
1970, section 3 (25-12-1970). It was extended to the State of Jammu and Kashmir by Act 62 of 1956. It has been extended to the Union Territories of Goa, Daman and Diu and Pondicherry by Regns. 11 of 1962 (w.e.f. 1-7-1965) and 6 of 1963 (w.e.f. 1-10-1963), respectively.
SECTION 01: SHORT TITLE AND LOCAL EXTENT
(1) This Act may be called the Live-stock Importation Act, 1898.
1[(2) It -extends to the whole of India2[* * *].]
3[* * * * *]
SECTION 02: DEFINITIONS
In this Act, unless there is anything repugruant in the subject or context.
(a) the expression "infectious or contagious disorders" includes tick-pest, anthrax, glanders, farcy, scabies and other disease or disorder which may be specified by the 4[Central Government] by notification in the 5[Official Gazette]; and (b) "live -stock" includes horses, kine, camels, sheep and any other animal which may be specified by the4[Central Government] by notification 8in the5[Official Gazette]; 7[(c) "import" means the bringing or taking, by sea, land or air, into the territories to which this Act extends.] zza(d) "livestock products" include meat and meat products of all kinds including fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat; egg and egg powder, milk and milk products; bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and any other animal product which may be specified by the Central Government by notification in the Official Gazette.
SECTION 03: POWER TO REGULATE IMPORTATION OF LIVE-STOCK
(1) The 9[Central Government] may, by notification10in the11[Official Gazette], regulate, restrict or prohibit, in such manner and to such extent as it may think fit,12[the import] into13[India] or any specified place therein, of any live-stock which may be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stable-litter, clothing, harness or fittings appertaining to live -stock or that may have been in contact therewith.
["(2) A notification issued under sub-section (1) or under Section 3-A shall operate as if it has been issued under Section 11 of the Customs Act, 1962 (52 of 1962) and the officers of the customs at every port, airport. Inland Container Depot and Land Customs Station shall have the same powers in respect of any livestock or livestock product or thing with regard to the importation of which such a notification has been issued and the vessel, aircraft, vehicle and other mode of conveyance containing the same, as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to customs and the vessel, aircraft, vehicle and other mode of conveyance containing the same; and the enactment for the time being in force relating to customs or any such article or vessel, aircraft, vehicle and other mode of conveyance shall apply accordingly."]
SECTION 03A: POWER TO REGULATE IMPORTATION OF LIVESTOCK PRODUCTS
The Central Government may, by notification in the Official Gazette, regulate, restrict or prohibit in such manner and to such extent as it may think fit, the import into the territories to which this Act extends, of any livestock product, which may be liable to affect human or animal health.
SECTION 04: POWER FOR STATE GOVERNMENT TO MAKE RULES
16(1) The 14[State Government] may,15[* * *] makes rules16for the detention, inspection, disinfection or destruction of imported live-stock, and of fodder, dung, stable-litter, clothing, harness or fittings appertaining to imported live stock or that may have been in contact therewith, and for regulating the powers and duties of the officers whom it may appoint in this behalf.
(2) In making any rule under this section the 14[State Government] may direct that a breach thereof shall be punishable with fine which may extend to one thousand rupees.
SECTION 05: PROTECTION TO PERSONS ACTING UNDER ACT
No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
Footnotes:
1. Substituted for the former sub-section, by the Live-Stock Importation (Amendment) Act, 1953 (40 of 1953), section 2 (16-12-1953).
2. The words "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 195.6), section 2 and Sch. (1-11-1956).
3. The word "and" and sub -section (3) were repealed by the Repealing and Amending Act, 1914(10 of 1914)
4. Substituted for the words "Governor -General in Council", by A.O., 1937.
5. Substituted for the words "Gazette of India", by A.0., 1937.
7. Inserted by Live-stock Importation (Amendment) Act, 1953 (40 of 1953), section 3 (16-12-1953).
8. See S.O. 1998, dt. 20 -7-1960 Gaz. of Ind., 13-8-1960, Pt. II, section 3(ii), p. 2254. Some 55 more such diseases or disorders are specified to be infectious or contagious disorders.
9. Substituted for the words "Governor -General in Council" by A.0., 1937.
10. The Central Government has prohibited the import into India of equine species of animals including horses, asses and mules of any breed, age or sex from Pakistan, Afghanisthan or Goa, by land, air or sea: see S.O. 2776, dt, 9-12-1959, published in Gaz. of Ind., 19 -12-1959, Pt. II, section 3(ii), p. 3458. In addition to this prohibition, the Central Government has further prohibited the import by air of any live-stock from any place outside India to any place in India other than the airports of Bombay (Santa Cruz), Calcutta (Dum Dum), Madras (Meenambakkam), Cochin, Tiruchirapalli and Delhi (Palam)-See S.O. 559 dt. 15-2-1962, Gaz. of Ind., 24-2-1962, Pt. II, section 3(ii), p. 519.
11. Substituted for "Gazette of India" by A.O., 1937.
12. Substituted for "the bringing or taking by sea of land" by the Live -stock Importation (Amendment) Act, 1953 (40 of 1953), section 4 (16 -12-1953).
13. Substituted for "the territories to which this Act extends", by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), section 2 and Schedule (1-11-1956).
14. Substituted for "Provincial Government" by A.L.O., 1950.
15. The words "subject to the control of Governor-General in Council" were omitted by A.O" 1937.
16. For the Live-stock (Import) Quarantine Rules, 1944, see (1) Bom. Govt. Gaz., 1944, Pt. IV-A, p. 27; (2) Fort St. Geo. Gaz., dt. 18-7-1944, Pt. I (R.S.), p. 2; (3) Cal. Gaz" 22-9-1944, Notifin. No. 3711 Vety; (4) 1952 Trav.-Cochin Gaz., 12 -2- 1952, Pt. I, p. 135. For Manipur Live -stock (Import) Quarantine Rules, 1961, see Manipur Gaz., 11 -1-1962, Extra., for Kerala Live-stock (Import) Quarantine Rules, 1962, see Ker. Gaz., 25-9-1962, Pt. I (No. 38); for Madras Live -stock (Import) Quarantine Rules, 1962, see Fort St. Geo. Gazette, 6 -3-1963, Pt. V, p. 272; for Assam Live -stock (Import) Rules, 1963, see Assam Gaz., 1-5-1963, Pt. II-A, p. 1253; and for Bengal Live-stock (Import) Quarantine Rules, 1964, see Cal. Gaz., 31-10 -1964, Pt. I, Extra., p. 3183.
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