Disease of Animals Act, 1961 Act 83 (Revised)

ACT 83
Diseases ofAnimals Act, 1961
ACT 83
DISEASES OF ANIMALS ACT, 1961
ARRANGEMENT OF SECTIONS
Prevention of Diseases
SECTION
1. Application of Act to other epizootic diseases. 2. Declaration of infected areas. 3. Veterinary authority to be notified of cases of disease. 4. Isolation of infected animals. 5. Animals in contact with infected animals. 6. Inspection of animals. 7. Performance of autopsies. 8. Disinfection and quarantine. 9. Disinfection and destruction. 10. Effect of declaring an infected area. 11. Presumption. 12. Suspension of the operation of Act. 13. Payment of compensation. Veterinary Guards
14. Appointment of veterinary guards. 15. Duties of veterinary guards. 16. Execution by veterinary guards of criminal process. 17. Arrest by veterinary guards without warrant. 18. Veterinary guards uniform. 19. Power of public officers to execute provisions of this Act. 20. Offences. 21. Regulations. 22. interpretation. 23. Repeals and savings.

s uniform. 19. Power of public officers to execute provisions of this Act. 20. Offences. 21. Regulations. 22. interpretation. 23. Repeals and savings.

ACT 83
DISEASES OF ANIMALS ACT, 1961'
AN ACT to consolidate with amendments the enactments that provide for the preven
tion and control of the spread of infectious and contagious diseases among animals
and to provide for related matters. 1. The Act was assented to on 1st November, 1961. ill-2451 [Issue 1]

ectious and contagious diseases among animals
and to provide for related matters. 1. The Act was assented to on 1st November, 1961. ill-2451 [Issue 1]

ACT 83
Diseases ofAnimals Act, 1961
Prevention ofDiseases
1. Application of Act to other epizootic diseases
The Minister may, by legislative instrument, declare that an epizootic disease not spe
cifically mentioned in section 22 is a disease within the meaning of this Act; and this Act
shall apply to the disease, subject to the limitations specified in the instrument. 2. Declaration of infected areas
Where a disease breaks out in a district, an area, or a place the Minister may by exec
utive instrument, declare the district, area or place, or a portion of the district, area, or
place to be an infected area within the meaning of this Act; and the provisions of this Act
relating to infected areas, shall apply to the infected area subject to the limitations speci
fied in the instrument. 3. Veterinary authority to be notified of cases of diseases
An owner or a person having the charge of an animal which has died of, or is suffering
from a disease, or which the owner or that person has reason to suspect to have died of, or
to be suffering from a disease, shall forthwith notify the nearest veterinary authority. 4.

r or that person has reason to suspect to have died of, or
to be suffering from a disease, shall forthwith notify the nearest veterinary authority. 4.

Isolation of infected animals
Until a veterinary authority gives direction as to the disposal of the animal referred to
in section 3, the owner or the person in charge of the animal shall forthwith separate it
and keep it from any other animals not suffering from the disease or which the owner or
that person has no reason to suspect to be suffering from the disease. 5. Animals in contact with infected animals
A person shall not, without the permission of a veterinary authority, disperse or dispose
of, whether by sale or otherwise, or send away an animal, or the carcass or flesh or any
other part of an animal, which has been in contact with an animal referred to in section 3. 6. Inspection of animals
(1) A veterinary authority may at a reasonable time require an owner or a person having
charge of an animal to produce it for inspection, and to give information respecting that ani
mal as the veterinary authority may desire. (2) An owner or a person who refuses, delays or omits to comply with those require
ments commits an offence under this Act. 7.

y authority may desire. (2) An owner or a person who refuses, delays or omits to comply with those require
ments commits an offence under this Act. 7.

Performance of autopsies
Where a veterinary authority suspects that an animal has died of a disease the veterinary
authority may perform or cause to be performed an examination on the body of that animal
as the authority or the person performing the examination considers necessary or desirable. 8. Disinfection and quarantine
A veterinary authority may at any time require an animal to be examined, inoculated,
sprayed, dipped, washed, or otherwise disinfected or to undergo a period of quarantine if
the veterinary authority considers it necessary in order to prevent the outbreak or spread
of disease. (Issue 1] III - 2452

a period of quarantine if
the veterinary authority considers it necessary in order to prevent the outbreak or spread
of disease. (Issue 1] III - 2452

ACT 83
Diseases ofAnimals Act, 1961
9.

ACT 83
Diseases ofAnimals Act, 1961
9.

Disinfection and destruction
A veterinary authority
(a) may disinfect or cause to be disinfected a building, yard, pen or any other
place in which a case or suspected case of disease has occurred, and a ma
terial which the veterinary authority considers to be or likely to be infected,
and which the authority considers cannot effectively be disinfected;
(b) may destroy, or cause to be destroyed, a fodder, fence, hedge, carcass, flesh
or material which the veterinary authority considers to be or likely to be in
fected, and which that authority considers cannot effectively be disinfected;
(c) may order that the hide or skin of an 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;
(d) may cause an animal, which has been in contact with any other animal or
carcass infected or suspected to be infected with disease, to be isolated in
the appropriate place and manner;
(e) may seize and detain or cause to be seized and detained an animal found at
large and infected with, or suspected to be infected with, a disease;
(f) may in the interests of public health, destroy, or cause to be destroyed, sub
ject to the Regulations, an animal infected with, or suspected to be infected
with, a disease; and
(g) may issue the appropriate directions and take the necessary steps with
respect to the disposal, movements, detention, inspection, examination, dis
infection, inoculation, quarantining, and the destruction of animals in the
cases referred to in this Act, subject to the Regulations with respect to the
due administration of this Act and of the Regulations.

of animals in the
cases referred to in this Act, subject to the Regulations with respect to the
due administration of this Act and of the Regulations.

10. Effect of declaring an infected area
Where the Minister declares a district, an area, or a place to be an infected area under
section 2,
(a) an owner or a person having the charge of an animal capable of suffering
from the disease by reason of an outbreak of which the area has been de
clared to be an infected area, shall forthwith personally register at the near
est agriculture office in the district or at the prescribed office, and shall
slate the number of animals owned by the owner or that person or of which
the owner or that person is in charge, and the area where the animals feed
and, on a variation in the number or alteration of the area, the owner or per
son in charge of the animal shall forthwith in like manner register the varia
tion or alteration;
(b) an animal referred to in paragraph (a) shall not be allowed to enter or to
leave the infected area except in strict accordance with the direction which
a veterinary authority may give in that behalf and by the route that a veteri
nary authority may prescribe. Ill - 2453 [issue 1]

h the direction which
a veterinary authority may give in that behalf and by the route that a veteri
nary authority may prescribe. Ill - 2453 [issue 1]

ACT 83
Diseases ofAnimals Act, 1961
11. Presumption
When the owner or person in charge of an animal suffering from a disease is charged
with an offence under this Act, the owner or that person shall be presumed to have known
of the existence of the disease in the animal unless the Court is satisfied that the owner or
that person did not have the requisite knowledge and could not with reasonable diligence
have obtained that knowledge. 12. Suspension of the operation of Act
The Minister may, by executive instrument, suspend the operation of a provision of
this Act with respect to animals or diseases, and subject to the limitations and conditions
specified in the instrument, the provision shall cease to operate accordingly. 13. Payment of compensation
(1) Where it appears to the Minister responsible for Finance that it is proper to pay
pecuniary compensation to a person who has sustained loss by reason of a measure which
has been taken under this Act, the Minister may, subject to the Regulations, authorise
payment of a sum of money out of the Consolidated Fund to that person.

n taken under this Act, the Minister may, subject to the Regulations, authorise
payment of a sum of money out of the Consolidated Fund to that person.

(2) Subsection (1) does not entitle a person as of legal right to receive compensation
in respect of a loss alleged to have been sustained by reason of any of the measures
referred to in section 1. Veterinary Guards
14. Appointment of veterinary guards
Subject to article 195 of the Constitution, the Chief Veterinary Officer may provide
for the appointment of persons as veterinary guards by the persons and on the conditions
of service directed by that Officer. 15. Duties of veterinary guards
Veterinary guards may be employed under the control and superintendence of the
Chief Veterinary Officer for the prevention of offences and the arrest and detention of
offenders against this Act. 16. Execution by veterinary guards of criminal process
Veterinary guards may serve and execute summonses and warrants issued by a Dis
trict Magistrate in respect of alleged offences against this Act. 17.

s
Veterinary guards may serve and execute summonses and warrants issued by a Dis
trict Magistrate in respect of alleged offences against this Act. 17.

Arrest by veterinary guards without warrant
A veterinary guard may, with or without a warrant or any other legal process, arrest a
person found committing an offence against this Act; and shall without unnecessary delay
bring the person arrested before a District Magistrate of the district in which the arrest
was effected, or hand over that person into the custody of a police officer. 18. Veterinary guards uniform
(1) The Minister may prescribe a distinctive uniform or badge for veterinary guards. [Issue 1] III - 2454

olice officer. 18. Veterinary guards uniform
(1) The Minister may prescribe a distinctive uniform or badge for veterinary guards. [Issue 1] III - 2454

ACT 83
Diseases ofAnimals Act, 1961
(2) A person, other than a veterinary guard, shall not wear without permission in
writing from the Minister the uniform or badge, or any other dress or badge having the
appearance or bearing of any of the distinctive marks of the uniform or badge of a veteri
nary guard. (3) A person who contravenes a provision of subsection (2) commits an offence and
is liable on conviction to a fine not exceeding fifty penalty units, and in default to a term
of imprisonment not exceeding two months. 19. Power of public officers to execute provisions of this Act
(1) A public officer is hereby authorised and empowered to take the necessary action
and to do the things that the efficient execution of a provision of this Act may reasonably
require. (2) An action, a suit, or civil proceeding shall not, without the written consent of the
Attorney-General, be brought against a person in a court for damages or compensation in
respect of a measure or an act which may be taken or done in the performance or in
tended performance of a function under this Act. 20.

ompensation in
respect of a measure or an act which may be taken or done in the performance or in
tended performance of a function under this Act. 20.

Offences
A person who contravenes a provision of this Act for which a penalty is not expressly
provided, or who without lawful excuse wilfully hinders, delays or obstructs a public
officer acting in the performance of a function under this Act or the Regulations, commits
an offence, and on conviction is liable to a term of imprisonment not exceeding six
months, or to a fine not exceeding two hundred penalty units or to both the imprisonment
and the fine. 21. Regulations
The Minister may, by legislative instrument, make the Regulations necessary or expe
dient for giving effect to this Act. 22.

the fine. 21. Regulations
The Minister may, by legislative instrument, make the Regulations necessary or expe
dient for giving effect to this Act. 22.

interpretation
In this Act, unless the context otherwise requires,
“animal” means an 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 a
particular disease, means only the animals that are liable to infection with that disease;
“Court” means a court of competent jurisdiction;
“disease” means cattleplague (rinderpest), anthrax, contagious bovine pleuro
pneumonia, foot-and-mouth disease, swine fever, glanders, “quarter-ill”, epizootic
lymphagitis (yaws), rabies, trypanosomiasis, mange, swine erysipelas, fowl pest
(Newcastle disease), fowl-typhoid, bacillary white diarrhoea, fowl paralysis, tubercu
losis, fowl pox, African swine fever, African horse sickness, and any other disease of
an epizootic character which the Minister under section 1 declares to be a disease
within the meaning of this Act;
“functions” includes powers and duties;
111-2455 [Issue 1]

which the Minister under section 1 declares to be a disease
within the meaning of this Act;
“functions” includes powers and duties;
111-2455 [Issue 1]

ACT 83
Diseases ofAnimals Act, 1961
“infected area” means an area declared an infected area under section 2;
“Minister” means the Minister responsible for Agriculture;
“prescribed” means prescribed by or under this Act or the Regulations;
“Regulations” means Regulations made under this Act;
“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. Repeals and savings
Spent.2
2. The section reads,
“(1) The following enactments are hereby repealed—
the Cattle Guards (Colony) Ordinance, (Cap. 35);
the Cattle Guards (Northern Territories) Ordinance, (Cap. 36).
(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 Act.”
[Issue 1] III - 2456