myal health and oewelopaient lbw - animal law...the shte law and order restoratibn council ~nimal...

14
'9 ' . qh<~mS~6o;"~:;rn$~a~rn~ :m2 THE UNION OF MYANMAR THE STx4TE LAW AND ORDER RESTORATION COUNCIL MYAL HEALTH AND OEWELOPAIENT LBW

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Page 1: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

'9 '. qh<~mS~6o;"~:;rn$~a~rn~ :m2

THE UNION OF MYANMAR

THE STx4TE LAW AND ORDER RESTORATION COUNCIL

MYAL HEALTH AND OEWELOPAIENT LBW

Page 2: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

The Shte Law and Order Restoratibn Council

~ n i m a l Health and Development Law

(The State Law and Order Restoration Councit Law No. 13/93)

The IZth Waxing Day of 'Pazaungrnon, 13% M%

(25 th November, 1393)

The. State Law and Order Restoration Council hareby enacts the following Law:-

CHAPTER I '

Title and Definition

I . This Law shall be called the Animal Health and Dcve- la pment Law.

2. The following expressions conta(ned in this Law shall have the meanings given hereunder: -

(P) Animaf means dornesrjc animal bred by man or

captured for a certain purpose. This expression also includes the semen, ovum or embryo of the animal;

(6) Animal Product means milk, egg or any part of an animal;

Page 3: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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(c) Ani rk \ Fed m a n s feed sold on a commercial scale for. the purpose of feeding animals and which is scientifically, prepared or conventional ly mixed or withoub preparation or mixing:

(d) Infectious Disease , mans any animal disease notified .as .a convtagious disease by the Ministry;

(3 kommendo tfbn Certificate rrreans a certificate issued under seajor; 8 sub-section- {b) of this Law;

(f$ Ministry means the Ministry of , Livestock Breeding and Fisheries;'

(g) Minister means the Minister for Livestock Breeding and Fisheries;

(h) Department means the Livestock Breeding and Veterinary Depaement;

(jj Diactor Genera[ m s the Dirtctas Gproeral d Livestock Breeding and Veterinary 'QeP&ent.

'CHAPTER-fl

Objectives

,3, .The dqeaivcs bf.this LW are as foIIDws:-

(a) to carry out animal hedth and development work;

(h] :G promme .livestock dwelapment; * *h<

Page 4: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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(c) to prevent outbreak of contagious disease in animals and to control t h e outbreak systematicatly when i t occurs ;

(4 to inspea imported animal, animal product and animal feed;

(e) to issue recommendation certificate concerning animal, animal product and animal feed for export;

(9 t o protect animals by law from being ill-treated.

CHAPTER I l l

Animal Health and Qevel~prnent

4. The Department shall for the purpose of animal health and development carry out the fallowing functions:-

(0) disseminating technical knowhow to tho~e~desiring to

raise animal under modern technqlogy;

(b) carrying out works for obtaining improved breed animals 'suitable for Myanmar:

(c) supervising im-portation of improved breed animals;

(d ) carrying out research on vaccines that protea animals from contagious disezses and producing the vaccines;

Page 5: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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(e) carrying out research on utilizing natural vegetation, crops in the country for animal feed;

(f) inspecting of imported animal product and animal feed for standard quality, the presence of harmful pathogens or :oxi ns.

CHAPTER !V

Inspection of animal feed for domestic sale

5. The Director General may:-

(a) inspect animal feed for domestic sate in the prescribed manner;

(b) prohibit further sale of animal feed if it is found that

the animal feed for sale is harmful to animals;

(c) make a Jist of animal feed sellers,

6. A person who sells animal feed shall, in respect of the animal feed he sells:-

(a) submit for inspection by the Department:

(b) abide by the-prohibition made- by the Department in accordance- with t he Law.

Page 6: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

CWAFTER V

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Inspeaion of Animal, Animal Product and Animal Feed

for Exportation

7, A person exporting animal , animal product or animal feed

may, on desiring a recomrnendatiorr certificate, apply . t ~ the Department in the prescribed manner.

8. The Director General shall, in respect of the- application for recommendation certificate: --

(a) Inspect in the prescribed manners, an animal if it is free fmm contagious dismse, animal product or animal feed if it IS of standad qual kty and free from harmful pathogens or toxins;

(b), issue recommendatkon certificate if it is, found to be in conformity with the prescribed stipulations,

9. (a) The applicant for the recmmndation certificate shall pay t h e prescribed fees; .

(b) Examination fee, recommendation certgcate fee and other expenses shall be as determined hy the Director General.

Page 7: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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CHAPTER V1

lnspectlsn of imported Animal, AnirnaD Prodbet and

Animal Feed

10. A person importing animal, animal product or animal feed -shall submit to inspection by the Department.

I I. The Depat-tment sharl, with the approval' of the Ministry establish Inspection Stations in required regions for inspection of imported animal, animal product or animal feed;

12, The Director General, in respect of the imported animal, animal product or animal feed:-

(a) shall inspect in the prescribed manner an animal if it is free fro& contagious disease, animal product or animal feed if it is of standard quality and free from harmful pathogens or toxins;

(b) may prohibit the animal from being transported into the country, may temporarily detain the animal, may allow rdransporfation or destruction if found to be infected with contagious disease;

(c) may prohi b i t the animal product or animal feed being transported into the country, may temporarily detai'n

LT, may allow. retransportation or destruction, if, on

Page 8: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

inspection, it 1s found that it is not of the ,stand& quality and if i t contains harmful pathogens or toxins;

(6) shall issue recommendation certificate if, on inspection In accordznce with clause (a), the animal rs found to be f ree from contagious disease, the animal prcduct or

an i rnal feed is fou rrd -to be of s t a ~ d a r d quality and f ree

from harmful pathogens or toxins.

13. (c) A person importing animal, animal product or animal f e d shall pay the prescrj bed fees;

(6) fmpe-aion fee, recommendation cerrTficate fee and

other expenses shall be as determ~ned by the Director General,

CHAPTER V11

Prevention and Control of ContagiousiDi~ease

14. The Ministry shall notify t h e contagious diseases of animals from time to time,

Page 9: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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(a) shall lay down necessary preventive measures t o the effect that no contagious disease occur in animals;

(b) shall make arrangement to er~dicate the disease in the contagious disease affected areas and to prevent: spreading of disease to other regisns;

(c), shall notify the Disease free Zone In accordance with

t h e prescribed manners;

(d) may issue necessary order 01- directive for prevention

or contro! of contagious disease.

16. The. pwner of an >animal or a person who has in his possession an animal shail report promptly to the employee in char& of the Department of either a village tract or a

township or a per&n designated for .this purpose by the Ministry, if h e knows the occurrence of contagious disease in

t h e animal or finds symptoms of contagious disease in the dead animal.

17, A veterinarian shall report promptly to the nearest employee of t he Department if he finds that the animal he treats is suffering from contagious disease,

CHAPTER V111

Prevewkion of Cruelty to Animal

18. The Director General:-

(a) shall carry out .educative measures to prevent man from wilfully -ill-treating the animal;

Page 10: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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(5) may prescribe the maximum weight of load to be carried by or load to be drawn by a certain species of animal:

(c) shall carry out educative measures regarding the methods to be observed by the public in respect of transporting, binding o r keeping of anirnqls:

Id) shall take measures for treatment of i I I-treated animals

a t theveterinary Centre established by the De- partment ;

(e) shall prescribe the expenses payable by the owner of

an animal o r a person who has an animal in his possession for treatment, feeding and taki rig care of the animals at the Veterinary Centre.

CHAPTER IX

!9. A person dissatisfied with the decision or order mad& under this Law by any officer of the Departmer~t may appeal to the Director General within 60 days of the receipt of such

decision or order. '

20. ,4 person dissatisfied with the decision or order made by the Director General may appeal to the Minister within 30 days of the receipt of such decision or order.

21. The decision of the Minister shall be final,

Page 11: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

CHAPTER X

Offences and Penalties

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22. If a person who sells animal feed commits any of the following act, he shall on conviction be punishab!e with fine which may extend to kyats 5,000 or with imprisonment

for a term which may extend to 6 months or with both:-

(01 refusing to submit for inspection by the Department

of the animal feed for safe;

(b) selling animal feed prohibited 'by the Department from further sale.

23. Ifa person who imports animal, animal product or

animal feed commits any of the following acts, he shall on conviction be punishable with fine which may extend to kyats

5,000 or with imprisonment for a term which may extend to 6 monrhs or with borh:-

(a) refusing to submit for inspection by the Department of imported animal, animal product or animal feed;

(b) transpdrting into the country, distributing, selling of imported anirnai, animal producat or animal feed without obtaioi ng a recommendation certificate issued by the Department.

Page 12: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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24. If the owner of an animal or a person who has an animal in his possession fails to comply with any of the foflowing acts,

in respect of t h e animal, he shall, on conviction, be punishable with fine which may extend to kyats 5,000or with imprisonment for a term up to 6 months or with both:-

(U) failing t o comply with the order or directive issued by the Department regarding control of contagious disease;

(b) failing to report to rhe concerned knowingty of the outbreak of contagious disease;

(c) failing to report "t the concerned knowingly of t h e contagious disease symptom in the dead animal.

25. Whoever commits any of the following acts in respect of t h e animal shall on conviction be punishable with fine which may extend to kyars 1,000:-

(a) causing to work cruelly or causing to carry or draw more than the prescribed weight;

(b) wilfully ill-treating;

(c) unr,ecessarily maiming;

(6) wilfully keeping it without food and water:

(e) neglecting to give proper- treatment and care though being sick or wounded;

( f ) letting to stray in public ptxe though being surering from contagious disease or wounded.

If

Page 13: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

26. The Cwt? shall on conviction under seaion 22 or section 23, impose punishment S prescribed for the rekvant offence and in addition pass orders for confiscation or destruction of exhibits in respect of which the offence has been committed.

CHAPTER XI

27. The Ministry may delegate the authority to.- inspect animal product- or animal feed for exportation or importation and *Lo issue remmmendation certificate, vdhich is to be per- form& under this Law, to any appropriate Government

department' or organizaticn,

28. The Ministry may exempt Government department or any organization from payment of.inspection fee, recommenda- tion certificate fee aild other expenses payzble under this Law.

29. A Government department which h% the authority to issue import !icence or permit for irnportaion of animal, animal product or animal feed shsfi obtain the opinion of the Depart- ment prior tarnthe issuance of such licence or permit.

N. The Direcoor General may delegate t h e powers conferred on him undermthis taw to any &cer of the Department.

Page 14: MYAL HEALTH AND OEWELOPAIENT LBW - Animal Law...The Shte Law and Order Restoratibn Council ~nimal Health and Development Law (The State Law and Order Restoration Councit Law No. 13/93)

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C O C O F G ~ ~ & ~ ? ~ V G J ~ P ~ d2u63E{ q~cou:cyma$ - (m) The Live-stock Improtation Act, 1898,

( The Glanders and Farcy Act. 1899,

(o ) The Dourine Act, 1910,

( m ) The Prevention of Cruelty to Animals Act, 1930,

(c ) The Animal Pests Act, 1939.

(9 =$:?l vq[Cf:E: P O C C O

2% ~ b ~ ~ ~ o w ~ ~ : ~ c * & ~ ~ r r S c q i ~

3 1 . inspection work on animaf, animal p r o d q o r animal h d under this Law shalj be dor?e;-

(E> wtrhotit affect1 ng the smooth and steady flow of trade; (6) without de!ay in inspection.

32, The People's Police Farce shall render necessary assistancd when the personnel of the Department are taking action against offences under this taw.

33. For the purpose of carrying out the provisions of this Law: -

(Q) the Ministry m y , with the approval of t he Governmen$, issue such rules and procedures as may be necessary;

(b) the Ministry or Department may issue such orders arid directives as may be rlecessary.

34- The following Acts are hereby repedicd:-s

(U) The Live-stock importation Act, 1898; fb) The Glanders and Farcy Act, 1839; (c) The Dourine Act, 1910: (d) The Prevention of Cruelty t6 Animais Act, I9S; (C!) The Aninal Pests Act, 1939.

{Sd) Than Shwa

Seniot' G&ncl%l

Chairman

The State Law and OF~CF R&tor&iofi E~udrif