Legal Document

Title: Animal Diseases Act No. 59 of 1992
Type: Act/Ordinance
Issuing Agency: Department of Animal Production and Health
Responsible Agency: Department of Animal Production and Health
Issuing Date: 13-11-1992

 

Animal Diseases

01. This Act may be cited as the Animal Diseases Act, No. 59 of 1992, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette.

Part I

ADMINISTRATION OF THE ACT

02. 1) There may be appointed for the purposes of this Act, a person to be or to act as the Director of Animal Production and Health (hereinafter referred to as " the Director") who shall be in charge of the general administration of this Act.

      2) The Director of Animal Production and Health shall be a veterinarian registered under the Veterinary Surgeons and Practitioners Act, No. 46 of 1956.

     3) There may also be appointed such number of Deputy Directors and Assistant. Directors of Animal Production and Health and such other officers as may be required for the purpose of assisting the aforesaid officer in carrying out or giving effect to the provisions of this Act.

      4) Any power, duty or function of the Director under this Act may be exercised, performed or discharged by any Deputy Director or Assistant   Director under the directions of the Director, or by such other officer who is authorized so to do by writing under the hand of the Director.

Part II

CONTROL AND PREVENTION

03.

1) Every person who brings any animal into Sri Lanka shall notify the Director of any diseased condition in the animal occurring within a period of sixty days from the date on which it is so brought.

2) Every person other than a person referred to in subsection

(1) having in his possession or under his control any diseased animal shall segregate such animal and shall forthwith give notice of the fact that the animal is diseased, to the nearest veterinary surgeon who shall communicate such fact forthwith to the Director.

3) On receipt of notice under subsection (1) or subsection (2) the Director may issue special directions to any authorized officer to take such action as may be necessary to determine the nature of the disease the animal is suffering from, to contain it within the premises or the area in which the- disease has occurred and to prevent its spread. 

04. On receipt of information or on representations made by a veterinary surgeon that; any contagious disease specified in the First Schedule hereto (hereinafter referred to as a "specified disease') has occurred, the Director shall, if he considers it necessary to do so to prevent the specified disease or the likelihood of its spread, report the matter to the Magistrate and apply for a direction to seal for a prescribed period of time the infected premises or any part thereof, within which such specified disease has occurred; and the Magistrate shall give such direction as he may think in the circumstances if he is of opinion that the sealing of the premises is necessary to prevent the specified disease or the likelihood of its spread.

05.

1) The Director may, if he deems it expedient to do so in addition to obtaining directions for the sealing of any infected premises, declare by Order published in the Gazette any area including the infected premises as an infected area provisionally for a period not, exceeding three months, by affixing a notice to that effect in a conspicuous place at the premises or in the area.

2) Every such Order shall specify the species of infected animal, the nature of the specified disease, the premises and limits of the area in which such disease has occurred and the date from which such Order shall take effect.

3) The Director by a subsequent Order published in. the Gazette, extend such period for a further period not exceeding six months.

4) Where any premises has been sealed or an area has been declared an infected area, no animal or the carcase or any portion thereof, or any excrement, animal product, litter, grass, hay, straw or any other article shall be removed from such premises or area, without a permit signed by the veterinary surgeon until such premises or area has been declared free from infection by an Order made by the Director and published in the Gazette. 

06.

1) It shall be lawful for the Director to proclaim by affixing notices in conspicuous places on any road or portion thereof, or in any other suitable manner as he may deem fit that any road or portion thereof is an infected area and that it shall be closed to animal traffic of such species of animal specified in the Order under section 5, for the period specified in such notice.

2) Where a notice has been affixed under subsection (1), no person shall take any animal specified in such notice alone such road or portion thereof, during such specified period, whether for purposes of transport or otherwise.

3) It shall be the responsibility of an authorized officer to cause barriers to be put up at such points as may be determined by the Director, on any road or portion thereof, for the purpose of giving effect to the provisions of subsections (1) and (2) of this section. 

07.

1) Where an area has been declared an infected area by an Order under section 5, it shall be lawful for the Director to require by a notice in writing, the production by the owner, of every animal of the species specified in the Order and found in the area to which such Order relates, on a date and at a time and place specified in the notice, for the purpose of immunizing such animal against the specified disease set out in the Order.

2) Where a notice under subsection (1) is issued, every owner of an animal of the species described in the notice shall comply with the requirements of such notice. 

08. It shall be lawful for the Director, having regard to the nature of the specified disease set out in the Order under section 5 and the likelihood of its spread, to order the seizure and detention of any animal of the species of animal to which the Order under section 5 relates and found within the area specified in such Order and which may have been infected by, or come into contact with, the diseased animal or carcase thereof.

09.

1) If the Director is of opinion that the animal which may have been seized or detained under section 8 ought to be destroyed and disposed of, the Director or an authorized officer shall report the matter to the Magistrate and apply for a direction for the destruction of the animal and disposal of the carcase thereof and the destruction and disposal of any infected material and the Magistrate shall give such direction as he may think fit in the circumstances if he is of opinion that such destruction and disposal would be conducive to the prevention of the specified disease or the likelihood of its spread. The report to the Magistrate shall give sufficient particulars of the subject matter in respect of which the direction is sought and shall also be supported by a certificate of a veterinary surgeon.

2) It shall be the duty of the authorized officer to ensure that the destruction of the animal and disposal of the carcase thereof and the destruction and disposal of any infected material ordered under subsection (1) is carried out in the prescribed manner.

10. It shall be lawful for the Director having regard to the nature of the specified disease and the likelihood of its spread, to order the seizure of any animal product of the species of animal to which the Order under section 5 relates, found within the .area specified in such Order. 

11.

1) The Director or an authorized officer shall report the seizure under section 10 to the Magistrate and apply for a direction for the destruction and disposal of the animal product so seized and the Magistrate shall give such direction as he may think fit in the circumstances, if he is of opinion that such destruction and disposal would be conducive to the prevention of the specified disease or the likelihood of its spread. The report to the Magistrate shall give sufficient particulars of the subject matter in respect of which the direction is sought.

2) It shall be the duty of the authorized officer to ensure that the destruction or disposal of the animal product ordered to be destroyed under subsection (1) is carried out in the prescribed manner. 

12.

1) All premises, including buildings, vehicles, equipment and machinery (incubator), where any specified disease has occurred shall be disinfected in the prescribed manner and under the supervision of a veterinary surgeon.

2) It shall be the duty of the veterinary surgeon to ensure that the disinfection is carried out in the prescribed manner.

13.

1) An authorized officer may, 

a) after prior notification to the Director, enter any premises at any reasonable hour of the day, in the discharge of his functions under this Act or any regulation made thereunder;

b) do any other act which is connected with or in furtherance of the exercise, performance and discharge of his powers, duties and functions under this Act.

2) Where any authorized officer acts under paragraph (a) of subsection (1) without prior notification to the Director or acts under paragraph (b) of subsection (1) he shall, without delay inform the Director of such action and state the reason for taking such action.

3) No person shall obstruct an authorized officer acting in the exercise of his powers under this Act or regulations made thereunder.

14.

1) An authorised officer may"

a) enter any farm yard, cow shed, poultry yard, hatchery or any other place where any animal is kept or reared or where any animal product is kept; and

b) require the owner of such animal or animal product to produce it on a specified date and at a specified time and place, for the purpose of testing it to detect the occurrence of any specified disease.

2) Every annual which may react to a test carried out under subsection (1) shall, together with all infected materials, be destroyed and disposed of and the provisions of section 9 shall, mutatis mutandis, apply thereto.

3) It shall be the duty of the authorized officer to ensure the destruction and disposal of such animal in the prescribed manner.

4) Where a direction is given by the Magistrate for the destruction and disposal of any animal under subsection (2) of this section, he shall, if he considers it just and equitable in the circumstances of the case, make order that the Director shall make such payment as may be determined by him, to the party affected by the direction made by the Magistrate.

15.

1) It shall be lawful for the Director to prohibits

a) the sale of animals and animal products in any premises which have been disinfected under section 12, for a period of thirty days from the date of disinfection;

b) the sale and exposure of diseased animals in markets, sales yards and in any other place in the infected area ;

2) Notification of a prohibition under subsection (1) shall be made to the public by publication in a Sinhala, Tamil and an English newspaper and by the exhibition of a notice in any conspicuous place in the infected area.

16.

1) No person shall use any premises as an Animal Clinic, Animal House or Hatchery unless application is made by him to the Director in writing in the prescribed manner, for the registration of such premises and approval obtained therefor.

2) Every such application shall be accompanied by a certificate issued by the veterinary surgeon of the area within which such premises are situated, on a written application made by the owner or person in charge of such premises, and it shall be the duty of such veterinary surgeon to visit and inspect such premises before such certificate is issued.

3) The certificate issued under subsection (2) shall contain a statement relating to the availability of"

a) adequate facilities,

b) safety measures, and

c) trained and experienced personnel, in such premises to ensure the proper functioning and management of such premises.

4) Upon receipt of an application under subsection (1), the Director shall register the premises if he is satisfied from the certificate issued by the veterinary surgeon that the particulars contained in the application are true and accurate.

5) The registration so effected shall be valid for one year from the date of such registration and shall be renewable on application made in that behalf.

6) It shall be lawful for the Director or any officer authorized by him to visit and inspect such premises whenever he deems it expedient to do so.

17.

1) No person shall manufacture any veterinary drug veterinary biological product in Sri Lanka except under of veterinary the authority of a licence issued in that behalf by the

2) Every person desirous of obtaining such licence shall make an application to the Director in that behalf in the prescribed form which shall be accompanied by such fees as may be prescribed.

3) Every application under subsection (2) shall be made separately in respect of each veterinary drug or veterinary biological product, as the case may be.

4) Upon receipt of an the Director shall

a) issue a licence, if he is satisfied that"

I. the application has been made in compliance with the provisions of subsection (2) and that the particulars contained in such application are true and accurate;

II. the premises and the equipment therein used for such manufacture conform to the prescribed standards ; and

III. the person in charge of such manufacture has obtained the prescribed training and experience ; or b) reject such application if he is not so satisfied.

18.

1) A licence issued under section 17 shall be valid for a period of one year from the date of issue unless earlier cancelled or suspended. 2) The Director may cancel or suspend any licence issued by him if he is satisfied that the manufacturer has contravened any provision of the Act or regulation made thereunder.

3) No order under subsection (2) shall be made against the licence except after notice issued to him to show cause within such period as may be specified in the notice as to why such order should not be made and except on his failure to show cause within such period or on his not showing sufficient cause.

4) Any person aggrieved by the rejection of an application under subsection

5) of section 17 or the cancellation or suspension of a licence under subsection (2) may prefer an appeal in writing to the Secretary to the Ministry of the Minister against such rejection, cancellation or suspension, as the case may be, within fourteen days after such decision is communicated to such person and the Secretary may, in dealing with an appeal preferred to him, affirm, vary or amend the order against which the appeal has been preferred.

6) The decision of the Secretary upon such appeal shall be final and conclusive.

19. No person shall keep or maintain"

a) a stud bull for the purpose of collecting, processing and using its semen. for breeding ; or

b) a donor cow for the purpose of producing embryos for embryo transfer,except under the authority of a licence issued by the Director.

20. The Director shall issue such licence if he is satisfied on a report of inspection issued by an authorized officer that the bull or donor cow, as the case may be, is healthy and free from any specified disease and in particular, that it is not infected with brucellosis, vibriosis, trichomoniasis or any other prescribed disease.

 

Full PDF. documentation of this could be download from down below

 

 

Download English: Animal Diseases Act No. 59 of 1992
Download Sinhala, Sinhalese: Animal Diseases Act No. 59 of 1992

List Measures/Standards

Name Description Status Measures/Standards Measure Class
Importation of Live poultry, poultry Products and by-Products This is a measure to Import Live poultry, poultry Products and by-Products. Active Measure Goods
Importation of Live animal, animal Products and By-products This is a measure to Import Live animal, animal Products and By-products Active Measure Goods
Importation of Dogs and Cats This is the measure for Import of Dogs and Cats Active Measure Goods
Importation of Ornamental fish or Food fish This is a measure for Importation of Ornamental fish or Food fish Active Measure Goods
Animal Quarantine Procedure for Import Animal Quarantine Procedure for Import Active Measure Goods
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