Diseases of Animals Act, 1961 Act 83

ACT 83
REPUBLIC OF GHANA
DISEASES OF ANIMALS ACT, 1961 (ACT 83)
ARRANGEMENT OF SECTIONS
Section
Prevention of Diseases
1. Power of Minister to apply Act to other epizootic diseases.
2. Power of Minister to declare 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. Power of veterinary authority to inspect animals.
7. Power of veterinary authority to perform autopsies.
8. Power of veterinary authority to require disinfection or quarantine.
9. Powers of veterinary authority with respect to disinfection, destruction.
10. Effect of declaring an infected area.
11. Presumption.
12. Power of Minister to suspend operation of provisions of this Act in certain cases.
13. Power of Minister responsible for Finance to authorise 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.

nary 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 saving. THE EIGHTY-THIRD
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED
THE DISEASES OF ANIMALS ACT, 1961
AN ACT to consolidate with amendments enactments providing for the prevention and
control of the spread of infectious and contagious diseases among animals. DATE OF ASSENT : 1st November, 1961
BE IT ENACTED by the President and the National Assembly in this present Parliament
assembled as follows:—
Prevention of Diseases
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. Section 2—Power of Minister to Declare Infected Areas.

f this Act shall, subject to such limitations, if any, as he may specify, apply to the
disease. 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. 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. 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.

h 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.

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. 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. 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. Section 8—Power of Veterinary Authority to Require Disinfection or Quarantine.

person
performing the examination may consider necessary or desirable. 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. Section 9—Powers of Veterinary Authority with Respect to Disinfection, Destruction.

e necessary in order to prevent the outbreak or spread of disease. 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

ect 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. Section 10—Effect of Declaring an Infected Area.

th respect to the due
administration of the provisions of this Act and of the regulations thereunder. 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. Section 11—Presumption.

tions which a veterinary authority may give in
that behalf and by such route (if any) as a veterinary authority may prescribe. 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. 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. 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.

ons 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
Section 14—Appointment of Veterinary Guards.

s alleged to have been sustained by reason of any measures
referred to in this section. Veterinary Guards
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. 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. 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. 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. Section 18—Veterinary Guards Uniform. (1) The Minister may prescribe a distinctive uniform or badge for veterinary guards.

ustody of a police officer. 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. 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. Section 20—Offences.

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. 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. 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.

ister may by legislative instrument make such regulations as he considers necessary
or expedient for giving full effect to the provisions of this Act.

Section 22—Interpretation.

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.

t 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.

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