Rules and Regulations for Animal Quality and Disease Prevention | Animal Husbandry & Veterinary Science Optional for UPSC PDF Download

Veterinary Jurisprudence Summary

• Definition of Veterinary Jurisprudence

  Veterinary jurisprudence, also known as forensic veterinary medicine or legal veterinary medicine, refers to the application of veterinary medicine principles and knowledge within the realms of civil and criminal law.

• Scope and Importance

  Veterinary jurisprudence encompasses all aspects that impact the rights of livestock owners and the well-being of animals, often necessitating interactions between veterinary professionals and the legal system.

• Role of Veterinarians

  Veterinarians frequently serve as veterinary jurists, providing essential evidence in legal proceedings to establish innocence or guilt, or to corroborate or refute criminal allegations. They bear significant responsibility as their testimony can sway judicial outcomes.

• Knowledge Requirements

  It is crucial for veterinarians to possess a comprehensive understanding of all veterinary science branches taught during their education. This knowledge aids in addressing various vetero-legal issues in courtrooms, requiring familiarity with governmental regulations, statutes, and legal frameworks.

• Legal Acumen

  Veterinarians must be well-versed in relevant laws such as the Indian Evidence Act, Criminal Procedure Code, and Indian Penal Code to effectively navigate legal complexities and assist in resolving veterinary-related disputes.

Rules and Regulations for Improvement of Animal Quality and Prevention of Animal Diseases

• Central and State Government Regulations

• Important Central Acts and Statutes

• The Glanders and Farcy Act, 1899
• Definition of "diseased" under the Act

• Key Provisions of the Glanders and Farcy Act, 1899

• Short title, extent, and commencement of the Act
• Definition of "diseased" under the Act
• Application of the Act to local areas by Local Government
• Appointment of Inspectors by the Local Government
• Power of entry and search by appointed Inspectors
• Power of seizure of diseased horses by the Inspector

Horse Examination and Disease Control Act Summary

• Examination of Seized Horses

  • Inspectors must have seized horses examined promptly by a Veterinary Practitioner.
  • The Veterinary Practitioner may conduct necessary tests as prescribed by the Local Government.

• Disposition of Diseased Horses

  • If a horse is certified as diseased, it must be destroyed immediately.
  • Non-glanders or farcy diseased horses can be destroyed or treated based on Veterinary Practitioner recommendations.
  • If no disease is found, the horse is returned to its owner.

• Disinfection Protocols

  • Owners must disinfect areas where diseased horses have been present as per Inspector directives.
  • If owners fail to comply, the Inspector can disinfect the area and recover expenses as a fine.

• Reporting and Restrictions

  • Owners or caretakers of diseased horses must inform the authorities promptly.
  • No removal of horses in contact with diseased ones without proper authorization.

• Legal Provisions and Penalties

  • Strict penalties for vexatious actions by Inspectors and non-compliance with notices.
  • Time-bound prosecution for offenses under the Act.

• Rule-Making Authority

  • Empowerment of the Local Government to create rules for effective implementation of the Act.
  • Rules cover various aspects including inspections, testing, horse disposal, disinfection, and licensing conditions.

Main Provisions of the Local Government Act

• Publication of Rules in Local Official Gazette:
  • Rules under this section must be published in the Local Official Gazette. Once published, they become effective as if they were part of the Act.
• Penalties for Breach of Rules:
  • The Local Government has the authority to direct that breach of rules may result in punishment. This can include imprisonment for up to one month, a fine of up to fifty rupees, or both.
• Appointment of Inspector and Veterinary Practitioner:
  • Any Veterinary Practitioner can be appointed by the Local Government to serve as both Inspector and Veterinary Practitioner for the purposes outlined in the Act or its rules.
• Protection for Actions Taken Under the Act:
  • No legal action can be taken against individuals acting in good faith under the provisions of this Act.
• Repeal of Enactments:
  • Several enactments, including The Glanders and Farcy Act, 1879, and The Indian Short Titles Act, 1897, are repealed to the extent specified in the schedule.

The Dourine Act, 1910

• Short Title and Extent

  This Act, known as the Dourine Act, 1910, applies to the prevention of the spread of dourine in India. It extends to the entire country except certain specified areas.

• Definitions

  The Act defines terms like "inspector" and "veterinary practitioner" to indicate officers appointed under the Act. It also mentions the extension of provisions to asses used for mule-breeding purposes.

• Registration of Horses

  The State Government can issue orders for the registration of entire horses kept for breeding purposes.

• Appointment of Inspectors and Veterinary Practitioners

  The State Government has the authority to appoint inspectors and qualified veterinary surgeons to enforce the Act within specified areas.

• Powers of Inspector

  An inspector can conduct searches, prohibit the use of infected horses for breeding, and direct the removal of infected horses for segregation.

• Duties of Inspector

  Inspectors must promptly inform veterinary practitioners about any orders issued under the Act.

• Inspection of Horses

  Veterinary practitioners are responsible for examining horses mentioned in orders forwarded by inspectors.

• Powers of Veterinary Practitioner

  Veterinary practitioners can cancel orders, castrate infected horses, or, in severe cases, authorize the destruction of infected horses.

• Compensation

  The Act outlines compensation procedures for owners of horses affected by dourine, including the valuation of horses and compensation amounts.

• Settlement of Compensation

  Provisions are made for determining compensation amounts, with a limit set on the maximum sum payable.

• Committees for Hearing Appeals

  Rules are established for the constitution of committees to hear appeals related to compensation decisions.

• Appeals

  Owners have the right to appeal decisions regarding compensation amounts within a specified timeframe.

• Vexatious Entries and Searches

  Penalties are defined for inspectors who make unnecessary or unjustified entries or searches, with provisions for prosecution within a specific timeframe.

Rules under the Animal Breeding Act

• State Government's Authority
• The State Government is empowered to create rules to enforce the provisions of the Animal Breeding Act.

Scope of Rules

• The rules formulated by the State Government can:
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  • Regulate the powers granted to an inspector under Section 5.
  • Specify the actions required to be taken by a veterinary practitioner under Section 8.

Publication and Enforcement

• All rules must be officially published in the Official Gazette.
• Upon publication, the rules become legally binding as if they were part of the Animal Breeding Act itself.

Penalties for Violations

• Imposition of Fines
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  • Individuals who use or allow the use of unregistered horses for breeding purposes are subject to fines.
  • For a first offense, the fine can be up to fifty rupees, and for subsequent violations, it may reach one hundred rupees.

Illustrative Example

• For instance, if a horse breeder is found using an unregistered horse for breeding activities, they could face a penalty of fifty rupees for the initial offense.