Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

LIVE-STOCK IMPORTATION ACT

Ministry of Law and Justice

Act nº 9 of 1898


  • Amending Acts
  • Act nº 9 of 1898

Preamble

LIVE-STOCK IMPORTATION ACT, 1898

[Act, No. 9 of 1898]

[AS ON 1955]

[12th August, 1898]

PREAMBLE

An Act to make better provision for the regulation of the importation of live-stock1[and Live Stock Products]

WHEREAS it is expedient to make better provision for the regulation of the importation of live-stock which is liable to be affected by infectious or contagious disorders ; It is hereby enacted as follows :---

1. Inserted by the Live Stock Importation (Amendment.) Act, 2001 w.e.f. - 05-07-2001.


Section 1. Short title and local extent

(1) This Act may be called the Live-stock importation Act, 1898,

[Substituted by Act 40 of 1953, section 2.] [(2) It extends to the whole of India1[***.]

[The word ''and'' and sub-section (3) rep. by Act 10 of 1914])

1. Words "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956, (62 of 1956) w.e.f. 01-11-1956.


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context.--

(a) the expression "infectious or contagious disorders'' includes tick-pest, anthrax, glanders, farcy, scabies and any other disease or disorder which may be specified by the Central Government by notification in the Offical Gazette; and

(b) ''live-stock'' includes horeses, kine, camels, sheep and any other animal which may be specified by the Central Government by notification in the Official Gazette;

[(Inserted by Act 40 of 1950, section 3.]

[(c) ''import'' means the bringing or taking, by sea, land or air, into the territories to which this Act extends.]

1['(d) "live-stock products" include meat and meat products of all kinds includ­ing fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat; egg and egg powder, milk and milk products; bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and any other animal product which may be specified by the Central Government by notification in the Official Gazette.']

1. Inserted by the Live Stock Importation (Amendment.) Act, 2001 w.e.f. - 05-07-2001.


Section 3. Power to regulate importation of live-stock

(1) The Central Government may, by notification in the Official Gazette, regulate, restrict or prohibit, in such manner and to such extent as it may think fit, [Substituted by Act 40 of 1953, section 4, for '' the bringing or taking, by sea or land'']) [the import] into1[India] or any specified place therein, of any live-stock which may be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stable-litter, clothing, harness or fittings appertaining to live-stock or that may have been in contact therewith.

2(2) A notification issued under sub-section CO or under section 3A shall operate as if it has been issued under section 11 of the Customs Act, 1962 (52 of 1962) and the officers of the customs at every port, airport, Inland Container Depot and Land Customs Station shall have the same powers in respect of any live-stock or live­stock product or thing with regard to the importation of which such a notification has been issued and the vessel, aircraft, vehicle and other mode of conveyance containing the same, as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to customs and the vessel, aircraft, vehicle and other mode of conveyance containing the same; and the enactments for the time being in force relating to customs or any such article or vessel, aircraft, vehicle and other mode of conveyance shall apply accordingly.]

1. Substituted for "the territories to which this Act extends" by the Jammu and Kashmir (Extension of Laws) Act, 1956, (62 of 1956) w.e.f. 01-11-1956.

2. Substituted by the Live Stock Importation (Amendment) Act, 2001 w.e.f. 05-07-2001. Prior to its substitution the Sub Section read as follows :

"A notification under sub-section (1) shall operate as if it had been issued under section 19 of the Sea Customs Act, 1878, and the officers of customs at every port shall have the same powers in respect of any live-stock or thing, with regard to the importation of which such a notification has been issued, and the vessel containing the same, as they have for the time being in respect of anty article the importation of which is regulated, restricted or prohibited by the law relating to sea customs and the vessel containing the same; and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly."


Section 4. Power for State Government to make rules

(1) The1[State Government may, {The words "subject to the control of the Governor-General in Council'' were omitted by the A.O.1937.} make rules for the detention, inspection, disinfection or destruction of imported livestock, and of fodder, dung, stable-litter, clothing, harness or fittings appertaining to imported live-stock or that may have been in contact therewith, and for regulating th powers and duties of the officers whom it may appoint in this behalf.

2[(1A) 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."]

(2) In making any rule under this section the State Government may direct that a breach thereof shall be punishable with fine which may extend to one thousand rupees.

1. Substituted for "State Government may make rules"; by the Delegate legislation Provisions (Amendment) Act, 2004

2. Inserted by The Delegate Legislation Provisions (Amendment) Act,2004


Section 5. Protection to persons acting under Act

No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

Amending Acts

Live-Stock Importation (Amendment) Act, 1953

THE LIVE-STOCK IMPORTATION (AMENDMENT) ACT, 1953

[Act, No. 40 of 1953]

[16th December, 1953]

PREAMBLE

An Act further to amend the Live-Stock Importation Act, 1898.

BE it enacted by Parliament as follows--

1. Short title.--

This Act may be called the Live-stock Importation (Amendment) Act, 1953.

2. Amendment of section 1, Act IX of 1898.--

In section 1 of the Live-stock Importation Act, 1898 (hereinafter referred to as the principal Act), for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) It extends to the whole of India except the State of Jammu and Kashmir.".

3. Amendment of section 2, Act IX of 1898.--

In this section 2 of the principal Act, after clause (b), the following clause shall be inserted, namely:--

"(c) 'import' means the bringing or taking, by sea, land or air, into the territories to which this Act extends.".

4. Amendment of section 3, Act IX of 1898.--

In section 3 of the principal Act, in sub-section(1), for the words "the bringing or taking, by sea or land", the words "the import" shall be substituted.

Live-Stock Importation (Amendment) Act, 2001

THE LIVE-STOCK IMPORTATION (AMENDMENT) ACT, 2001

[Act, No. 28 of 2001]

PREAMBLE

An act further to amend the Live-stock Importation Act, 1898.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:--

1. Short title and commencement.--

(1) This Act may be called the Live-stock Importation (Amendment) Act, 2001.

(2) It shall be deemed to have come into force on the 5th day of July, 2001.

2. Amendment of preamble.--

In the preamble of the Live-stock Importation Act, 1898 (9 of 1898) (hereinafter referred to as the principal Act), after the word "live-stock", the words "and live-stock products" shall be inserted.

3. Amendment of section 2.--

In section 2 of the principal Act, after clause (c), the following clause shall be inserted, namely:--

(d) "live-stock products" include meat and meat products of all kinds including fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat; egg and egg powder, milk and milk products; bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and any other animal product which may be specified by the Central Government by notification in the Official Gazette..

4. Amendment of section 3.--

In section 3 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) A notification issued under sub-section CO or under section 3A shall operate as if it has been issued under section 11 of the Customs Act, 1962 (52 of 1962) and the officers of the customs at every port, airport, Inland Container Depot and Land Customs Station shall have the same powers in respect of any live-stock or livestock product or thing with regard to the importation of which such a notification has been issued and the vessel, aircraft, vehicle and other mode of conveyance containing the same, as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to customs and the vessel, aircraft, vehicle and other mode of conveyance containing the same; and the enactments for the time being in force relating to customs or any such article or vessel, aircraft, vehicle and other mode of conveyance shall apply accordingly,".

5. Insertion of new section.--

After section 3 of the principal Act, the following section shall be inserted, namely:--

"3A. Power to regulate Importation of live-stock products. The Central Government may, by notification in the Official Gazette, regulate, restrict or prohibit in such manner and to such extent as it may think fit, the import into the territories to which this Act extends, of any live-stock product, which may be liable to affect human or animal health.".

6. Repeal and saving.--

(1) The Live-stock Importation (Amendment) Ordinance, 2001(Ord. 5 of 2001.) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.