Topic: Miscellaneous

CHAPTER VII Miscellaneous

36. Prevention of escape of causative organism. Power to delegate. - The State Government may, by notification, delegate to any officer or authority subordinate to it, all or any of the powers conferred on it by or under this Act, except the powers to make rules under sub-section (2) of section 42.

37. Officers and authorities to function subject to Government control.. - All officers and authorities under this Act shall exercise their powers and discharge their duties conferred or imposed on them by or under this Act, in accordance with such orders, not inconsistent with the provisions of this Act, as the Central Government or the State Government may, from time to time, make.

38. Power to amend the Schedule. - (1) The Central Government may, by notification, add to, or omit from the Schedule any animal disease and the said disease shall, as from the date of the notification, be deemed to have been added to, or omitted from, the Schedule.(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament.

39. Power to issue directions. - The Central Government may, with the object of prevention, control and eradication of any infectious or contagious disease of animals, issue such directions to the State Government or other authorities under this Act, from time to time, including directions for furnishing such returns and statistics on scheduled diseases, and vaccination, as it may deem fit and every such direction shall be complied with.

40. Certain persons to be public servants. - Every Competent Officer, Director and Veterinary Officer, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

41. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

42. Power of Central Government to make rules.    - (1) The Central Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the form of vaccination certificate and the particulars which such certificate shall contain, under section 9;(b) the manner of disposal of carcass, under section 26;(c) the manner of conducting examination and post-mortem under sub-section (1) and the form of report of post-mortem under sub-section (2) of section 27;(d) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.

43. Power of State Government to make rules.    - (1) The State Government may, by notification and with the prior approval of the Central Government, make rules for carrying out the purposes of this Act.(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the form of permit to be granted by the officer in charge of a Quarantine Camp, under sub-section (4) of section 14;(b) the manner of inspection and the period of detention of an animal at a Check Post or at a Quarantine Camp for the administration of compulsory vaccination and marking of animals and the form and manner of issue of entry permit, under sub-section (2) of section 15;(c) any other matter in respect of which rule is to be or may be made by the State Government.

44. Laying of rules. - (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

45. Repeal and savings. - On the commencement of this Act-(i) The Glanders and Farcy Act, 1899;(ii) The Dourine Act, 1910; and(iii) any other corresponding law of any State, so far as it is inconsistent with the provisions of this Act,shall stand repealed:Provided that nothing contained in this section shall-(a) affect the previous operation of any such provision of law or anything duly done or suffered thereunder;(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under any such provision of law;(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such provision of law; or(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and every such investigation, legal proceeding or remedy may be continued, instituted or enforced, and any such penalty, forfeiture and punishment may be imposed, as if the aforesaid provisions of law had continued:Provided further that, anything done or any action taken under any such provision of law, including any notification, order, notice or receipt issued or declaration made, shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done, taken, issued or made under the corresponding provisions of this Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.