Bare ActsThe Himachal Pradesh Livestock and Birds Diseases Act, 1968

Section 38

Power of Government to make regulations and rules

Amendment status not verified — confirm the current text below against the official source.

Power of Government to make regulations and rules.- (1) The Government may make rules consistent with this Act for all or any of the following purposes, namely:- (a) to define the powers of entry and inspection of an Inspector under section 8; (b) to prohibit or regulate the holding of markets, fairs, exhibitions or other concentrations of livestock or birds under section 10; (c) to appoint places for the disinfection of vessels or vehicles under sub-section (2) of section 12, and for the isolation or segregation of livestock or birds under section 15 ; (d) to regulate post-mortem examination of livestock or birds under section 14, and the disposal of livestock or birds under sub-sections (1), (2) and (3) of section 17 ; (e) to provide for the determination of the compensation payable under section 18 ; (f) to regulate the exercise of the powers of the Veterinary Surgeon and Inspector under Section 19 ; THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 12 (g) to prescribe the authority referred to in sub-section (2) of section 21 and sub-section (2) of section 22; (h) to prescribe the form and contents of the licences to be granted by an Inspector under section 24 and the circumstances under which they may be granted ; (i) to prescribe scales of charges to be followed in certificates under section 27 for expenses incurred on behalf of an owner; (j) to regulate the isolation, detention, treatment (including sterilization and inoculation), and disposal of livestock or birds which are infective or suspected of being infective, and the disposal of carcasses and parts of carcasses; (k) to regulate the duties and powers of Inspectors and prescribe their qualifications; (l) to prescribe the manner in which any report or notice under the Act shall be made or given ; (m) to prohibit or regulate the entry into Himachal Pradesh or any specified part or place thereof, and the movement from one place to another in Himachal Pradesh of livestock or birds, alive or dead, or parts of livestock or birds or fodder, bedding or other thing ; (n) to prohibit or limit sale or traffic in infective livestock or birds or carcasses of infective livestock or birds ; (o) to regulate the disinfection of vessels or vehicles used by common carriers, the cleansing and disinfection of buildings, yards and other places used for livestock or birds, and the destruction of infected matter or things found therein or near thereto ; (p) to prescribe the tests to be applied to livestock or birds suspected of being infective; (q) to prescribe the manner in which livestock or birds shall be destroyed, and the manner in which carcasses or parts of carcasses, fodder, beddings or other things seized under the Act shall be disposed of; and (r) to prescribe the period of detention and the amount of fee for vaccination and marking at the inter-State quarantine stations. (2) In making a rule under this section, the Government may direct that a breach of it shall be punishable with fine which may extend, in the case of a first conviction, to one hundred rupees or, in case of a second or subsequent conviction, to five hundred rupees. (3) Every rule and regulation made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of ten days which may be comprised in one session THE HIMACHAL PRADESH LIVESTOCK AND BIRDS DISEASES ACT, 1968 13 or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Legislative Assembly makes any modification in the rule or the regulation or decides that the rule or the regulation should not be made, the rule or the regulation 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 or regulation.

Section 38 – The Himachal Pradesh Livestock and Birds Diseases Act, 1968 | DailyLaw.ai