ARRANGEMENT OF SECTIONS
1. Short title
3. Diseased animals to be separated and notification made
4. Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals
5. Provisions for infected areas
6. Power of Minister to prohibit import or export
7. Quarantine stations
8. Power of Minister to make rules
10. Disposal of carcasses
11. Indemnity and payment of compensation
12. Power to enter and examine
13. Power to detain vehicles and vessels
14. Detention and arrest
16. Seizure of animals, etc.
17. Forfeiture when offender not found and disposal of forfeited animals
18. Complaints as to dogs
19. Damages for injuries by dog
20. Presumption of age
21. Owner to produce dog for inspection
INDEX TO SUBSIDIARY LEGISLATION
Under Section 4
Under Section 6
Under Section 8
41 of 1967
30 of 1969
An Act to consolidate and amend the law relating to the control and diseases of animals
[29TH DECEMBER 1967]
This Act may be cited as the Control and Diseases of Animals Act.
In this Act—
“animal” means any bull, cow, ox, heifer, calf, sheep, goat, horse, mule, donkey, pig, domestic fowl and any game animal as defined in the definition of the expression “game” or “game animal” contained under the Game Act, any wild carnivore tamed and kept as a pet, guinea fowl, pigeon, pea-fowl, dog, cat and any other creature which the Minister has, by order under section 4, declared to be an animal for the purposes of this Act;
“carcass” means the carcass of an animal and includes part of a carcass, and the meat, bones, hide, skin, hoofs, horns or other part of an animal separately or otherwise or any portion thereof;
“disease” means anthrax, atrophic rhinitis of pigs, bovine and caprine pleuropneumonia, clostridial infections (including blackquarter), East Coast fever, epidemic tremor of chickens, foot and mouth disease, glanders and farcy, infectious cervico-vaginitis and epididymitis, lumpy skin disease, lymphangitis, mange, Newcastle disease of poultry, rabies, rinderpest, senkobo skin disease, sheep pox, swine erysipelas, swine fever, trypanosomiasis and tuberculosis and any other disease which the Minister has, by notice under section 4, declared to be a disease for the purposes of this Act;
“dog” means any quadruped of the species canis familiaris;
“infected area” means an area declared to be an infected area by an order made under section 4, in respect of which no declaration has been so made that the area is free from disease;
“inspector” means any Professional Officer, Technical Officer or Technical Assistant employed by the Department of Veterinary Services of the Government of Malawi;
“owner” in relation to a dog or other animal means any person in whose custody, possession or charge it is, also any person in whose house or premises it is kept or found unless such last-mentioned person shall prove that it does not belong to him and is not in his custody, possession or charge;
“veterinary officer” means an officer in the service of the Government who is a veterinary surgeon.
(1) Every person having in his possession or charge an animal affected or suspected of being affected with disease shall—
(a) keep such animal separate from animals not so affected or suspected, and cause the animal affected or suspected to be tied up, or put in an enclosed place; and
(b) forthwith give notice of the fact of the animal being affected or suspected to the nearest inspector or police officer.
(2) Any police officer so notified shall forthwith notify the nearest inspector, who shall give such directions and take such steps as may be necessary for the purpose of ascertaining the existence and nature of the disease, and on being satisfied that such disease exists he shall forthwith report the disease to the Chief Veterinary Officer.
(1) The Minister, the Chief Veterinary Officer, or any person duly authorized in writing by either of them, may at any time, by order made under his hand—
(a) declare any area within Malawi to be an infected area as regards any disease named in such order;
(b) extend, diminish or otherwise alter the limits of an infected area;
(c) declare an infected area to be free from disease;
(d) for the purpose of preventing disease, prohibit the removal of animals, or of any carcass, litter, dung or fodder from any area described in such order.
Any such order made shall take effect immediately upon the signing thereof and shall as soon as practicable thereafter be published in the Gazette.
(2) The Minister may by notice declare any disease of animals to be a disease for the purposes of this Act.
(3) The Minister may by notice declare any animal to be an animal for the purposes of this Act.
(1) The following provisions shall, in the absence of other provisions made by rules under this Act, apply to all infected areas as and when so declared under section 4—
(a) no person shall remove any animal from any one place in the infected area to any other place therein, without a written permit to do so from an inspector;
(b) no person shall remove any animal from any place in the infected area, to any place outside, without a written permit to do so from an inspector;
(c) a permit shall be in such form, and subject to such conditions, as the inspector shall deem proper, and the person to whom it is issued shall comply with such conditions;
(d) the holder of a permit shall produce the same for inspection on demand by an inspector, police officer above the rank of sergeant or any other person duly authorized by an inspector or such police officer;
(e) the owner of any animals liable to be affected by the named disease in the infected area shall herd or keep them as far as reasonably practicable from any public road;
(f) the owner of any animal within the infected area shall, when required by an inspector, isolate such animal from other animals, or remove it from the infected area;
(g) no person shall leave the infected area without having complied with such reasonable precautions for preventing the spread of disease as may be required by an inspector;
(h) the owner of an animal dying from disease shall forthwith cause the carcass either to be buried at a depth of not less than four feet below the surface of the ground, or to be totally destroyed by burning.
(2) Any person who fails to comply with any of the provisions specified in subsection (1) or in any Rules shall be guilty of an offence.
The Minister may, by an order made under his hand which shall take effect immediately and be subsequently published in the Gazette, prohibit, either indefinitely, or for such time as he may think fit, or may regulate the importation into Malawi of all animals, or any specified numbers or kinds of animals, or of carcasses, hides, skins, horns, hoofs, hair, wool, semen, litter, dung or fodder, from all places outside Malawi or from any specified country, territory or port, or the exportation thereof from Malawi.
The Minister may establish quarantine stations at such places as he may deem convenient, and may direct that any animals imported or in course of importation shall be placed therein for such period as he shall determine. The animals shall be placed in the quarantine stations in such manner, at such time, and subject to such supervision and be subjected to such tests, as the Minister shall direct, and shall be housed in sheds or other receptacles prepared by the Government or by the owners or consignees of the animals. All expenses incurred in connexion with the detention of such animals in quarantine shall be defrayed by the owners or consignees.
The Minister may make rules for the better carrying into effect of this Act and in particular for all or any of the following purposes—
(a) the prevention of, the introduction of, or spread of disease in Malawi;
(b) the control, isolation, muzzling, inoculation, seizure, detention, removal and slaughter of animals suffering or suspected to be suffering from any disease or known or suspected to have been in contact with diseased animals otherwise exposed to the infection or contagion of disease or of any dog;
(c) the manner in which any carcass is to be buried, destroyed or otherwise disposed of;
(d) prohibiting or regulating the movement of animals within Malawi;
(e) the destruction of buildings and places wherein animals suffering from any disease have been stalled or kept;
(f) the cleansing and disinfection of any public market, private auction or sale yard, railway premises, railway rolling stock or any vehicle, vessel or aircraft wherein any animal has been placed, kept or carried;
(g) the disinfection or treatment of all animals which have been in contact with diseased animals, or which have been in an infected area, and to amend generally or for any special purpose the provisions relating to infected areas contained in section 5;
(h) the disinfection of persons and their clothing coming into contact with or employed about diseased or suspected animals;
(j) limiting the compensation payable under section 11 in respect of any class of animals specified in the rule;
(k) the fees to be paid for any services rendered under this Act;
(l) authorizing the destruction of any dog or other animal unlawfully introduced into Malawi;
(m) providing for the registration of dogs throughout Malawi or in any particular area and prescribing the persons by whom such registration shall be carried out, the conditions to be complied with, the forms to be used, the badges to be issued and the fees to be paid, and any other matters or things in connection with such registration;
(n) providing for the compulsory immunization of dogs or other animals against rabies or any other disease throughout Malawi or in any particular area and prescribing the fees to be paid for such immunization.
A veterinary officer may cause to be slaughtered any animal affected, or suspected of being affected, with any disease, or any animal which has been in contact with a diseased animal, or has been otherwise exposed to the infection or contagion of disease.
(1) Subject to any rules made by the Minister, the carcass of any animal slaughtered under this Act, shall be buried or sold, or otherwise disposed of, under such conditions as an inspector shall direct.
(2) Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence.
No action shall lie against the Government or any officer thereof for any act done under this Act and no compensation shall be payable to any person for any such act unless the Minister otherwise directs:
Provided that there shall be paid to the owner as compensation for any animal, other than a dog, slaughtered under this Act and not affected with disease at the time of slaughter, and in relation whereto the owner has not been guilty of any breach of this Act, the value of such animal immediately before it was slaughtered but so that the compensation shall not exceed such amount as the Minister may have fixed as the limit of compensation by rules made under section 8.
An inspector may enter any land, building, shed, place, carriage, van, truck, other vehicle, vessel or aircraft containing or carrying or used for the purpose of containing or carrying animals, and may examine any animals found therein, for the purpose of ascertaining whether any such animal is suffering from disease or for the purpose of ascertaining whether any rules, orders, or directions as to cleansing and disinfecting, made under this Act, and for the time being in force, have been properly carried out.
Where any inspector or police officer has reason to believe that this Act has not been or is not being complied with in a vehicle or on board a vessel in Malawi, he may detain such vehicle or vessel or cause it to be detained until the Minister or Chief Veterinary Officer otherwise directs.
When any person is seen or found committing, or is reasonably suspected of being engaged in committing an offence against this Act, or any rule, notice, order or direction hereunder, an inspector or police officer may without warrant stop or detain him: and if his name and address be not known to the officer stopping or detaining him, and he fails to give such information to the satisfaction of such officer, such officer may without warrant arrest him.
If any person obstructs or impedes, or attempts to obstruct or impede, an inspector or police officer in the execution of his duty under this Act, he shall be guilty of an offence.
(1) An inspector or a police officer, may seize any animal in respect of which he has reason to suspect that an offence against this Act is being committed, and remove any such animal to any pound, enclosure or other place selected by an inspector, and there detain such animal, subject to the orders of a court.
(2) Wherever any animal shall have been seized and detained under the preceding subsection, the officer making such seizure shall, with all practicable speed, report the same to a court having jurisdiction within the District in which such animal has been so seized.
(3) A court, if it is satisfied that there is reason to believe that an offence as aforesaid has been committed in respect of any animal seized and detained under this section, may order that the owner of such animal shall pay to the Chief Veterinary Officer such sum as it may consider reasonable to cover the expenses connected with the removal to the place of detention and the keep of such animal during such detention, and may order that unless such sum be paid within a time to be specified in such order, the animal be forfeited:
Provided however that no order shall be made under this subsection unless the owner of such animal shall have had an opportunity of appearing before the court to show cause why such order should not be made.
(1) Whenever it shall be reported to a court that any animal has been seized and detained under section 16, but that the person who is alleged to have committed an offence in respect of such animal is unknown or cannot be found, the court may, if satisfied by evidence on oath that there is reason to believe that an offence against this Act has been committed in respect of such animal, order that such animal be forfeited.
(1) Any person may complain to a court that a dog is dangerous, not under proper control, or a nuisance by reason of its barking or otherwise, and on such complaint the court may issue a summons directed to the owner calling upon him to show cause why the dog should not be kept under proper control, or, if dangerous or a nuisance, destroyed and on the return of such summons, unless cause be shown to the contrary, the court may order that the dog be kept under proper control or destroyed.
(2) If the owner fails to comply with an order made under subsection (1), he shall be liable to a fine of K10 for every day during which the default continues.
In any action against the owner of a dog for damages in respect of injury done to any person or to any domestic animal or bird by that dog, it shall not be necessary for the person seeking such damages to show a previous propensity in the dog, or the owner’s knowledge of such previous propensity or to show that the injury was attributable to neglect on the part of the owner.
In any proceedings under this Act a dog or other animal shall be presumed to be over the age referred to in the particular provision under which proceedings are brought unless the contrary is proved.
Every owner of a dog shall produce his dog, under proper control, for inspection at the request of an inspector, or a police officer above the rank of sergeant.
A person guilty of an offence under this Act, for which no other penalty is prescribed, or who fails to comply with any rule, notice, order or direction hereunder, shall be liable for every such offence or failure to a fine of K200 and to imprisonment for six months; and any animals, carcass, litter, dung or fodder, in respect of which such offence has been committed may be forfeited.
under s. 4
The declarations made (and still in force by virtue of section 14 of the General Interpretation Act, Cap. 1:01) under section 4 of the Diseases of Animals Ordinance, 1922, No. 15 of 1922, are not published here. Some are published as Government Notices, others as General Notices in the Gazette.
The declarations made under section 4 of the Act are not published here. They are published as General Notices in the Gazette.
under s. 6
These Rules may be cited as the Animal (Import) Rules.
In these Rules, unless the context otherwise requires—
“animal” includes animal semen, poultry, eggs and rabbits;
“animal by-product” means any carcass, meat meal, blood meal, bone meal, biological products of animal origin, sera and vaccines for use on animals;
“fodder” includes all types of forage used for animal food, and grains of any variety including grain offal.
3. Restriction on importation
No person shall import or cause to be imported into Malawi any animal or animal by-product except under a permit in writing issued by the Chief Veterinary Officer under rule 4 who may attach to it such conditions as he deems necessary to prevent the introduction of disease into Malawi. Any person who imports or causes to be imported any animal of animal by-product without such permit or who contravenes any of the provisions or conditions of the said permit shall be guilty of an offence.
(1) The Chief Veterinary Officer may, upon written application being made addressed to:
Chief Veterinary Officer
P.O. Box 30134
or to the office of any veterinary officer, issue a permit under these Rules.
(2) The issue of a permit in accordance with these Rules shall not relieve the holder of such permit from any requirements of any other law of Malawi in regard to imports, customs or excise.
No person shall be required to obtain a permit in accordance with these Rules—
(a) if the animal is in course of transit by air through Malawi from a place outside Malawi to another place outside Malawi and is not off-loaded within the boundaries of Malawi;
(b) if the animal by-product or fodder is in course of transit by air or rail through Malawi from a place outside Malawi to another place outside Malawi and is off-loaded only for the purpose of transhipment.
6. Cancellation of permit
(1) The Chief Veterinary Officer shall have power to cancel at any time a permit issued under these Rules.
(2) In any case where a permit is cancelled the Chief Veterinary Officer shall, by notice in writing, inform—
(a) the holder of such permit; and
(b) the Controller of Customs and Excise,
of such cancellation.
7. Powers of Chief Veterinary Officer
(1) The Chief Veterinary Officer may require any animal, animal by-product or fodder—
(a) to be examined by a veterinary officer;
(b) to be held in quarantine for such period as is necessary to ensure that no disease is introduced into Malawi;
(c) to be returned to its point of origin;
(d) to be destroyed where, in his opinion, there is no practical alternative method of preventing the introduction of disease into Malawi.
(2) Where any animal, animal by-product or fodder is held in quarantine or required to be returned to its point of origin or destroyed, the person who imports such animal, animal by product or fodder shall be liable for all costs in connexion with such quarantine, return or destruction.
ARRANGEMENT OF RULES
17. Duties of veterinary officer and inspector
18. Power to require any animal to be disinfected and to take blood smears, etc.
19. Stray animals found suffering from disease
20. Payment for use of private land to quarantine travelling or stray animals
21. Destruction of carcasses of stray livestock
22. Carcass or carcasses not to be removed
23. Grass and herbage not to be removed from infected land
24. Compulsory dipping
25. Construction of dipping tanks may be ordered
26. Powers of inspectors
27. Penalty for failing to dip animals in areas not exempted
28. Intervals of dipping
29. Power to temporarily exempt from compulsory dipping
30. Power of Minister to temporarily exempt persons living in African areas
31. Movement of animals from exempted areas
32. Power to require provision of dipping facilities
33. Power of Government to act on behalf of absentee owners
34. Provision of dipping tanks in certain areas
35. Precautionary measures
36. Power to prohibit exhibition and public sale of stock
37. Disinfection of railway trucks, loading pens, etc.
38. Stock sale yards to be cleansed and disinfected
39. Testing with mallein, etc.
40. Power to direct treatment of animals affected with disease
41. Power to brand animals in quarantine, etc.
42. Power to enter land and erect fences for quarantine purposes
43. Gates opened or left open
44. Delegation of powers
45. Recovery of fees and moneys due
46. Power to detain animals pending payment of fees
47. Sale of animals where fees not paid
48. Reporting of deaths of cattle
49. Cattle registers
50. Duty to give information
51. Infected area adjoining Malawi
52. Movement of animals may be prohibited
53. Publication of orders
Ord. 8 of 1951
s. 23 and Sch.
DISEASES OF ANIMALS RULES
deemed to be made under s. 8
[made under s. 9 of the Diseases of Animals Ordinance, 1922, No. 15 of 1922 (now repealed)]
These Rules may be cited as the Diseases of Animals Rules.
[Repealed by 234/1968]
QUARANTINE AND OTHER TREATMENT OF ANIMAL AFFECTED BY DISEASE OR WHICH ARE SUSPECTED OF BEING AFFECTED
A veterinary officer or inspector investigating a reported or suspected outbreak of disease shall, if he is of opinion that any animal or animals are infected with any disease, or has reason to believe that any animal or animals have been exposed to infection, forthwith cause the said animal or animals to be isolated (if such has not already been done) or dealt with in such other manner as he may deem expedient in order to prevent the spread of such disease, provided that an inspector shall not cause any animal to be slaughtered except on the instructions of a veterinary officer; and may direct that no other animals shall be brought or allowed to remain on any part of the estate, farm, land or area which has become infected.
(1) Any veterinary officer or inspector may, at any time, require any animal to be sprayed, dipped, washed or otherwise disinfected, inoculated, or to undergo a period of quarantine, if he should consider the same to be necessary in order to prevent the spread of disease.
(2) Any veterinary officer may, for the purpose of detecting or diagnosing disease, take or cause to be taken from any animal blood smears, or apply such other tests as he may consider necessary.
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