Animal Health and Livestock Services Act

An Act Made to Provide Necessary Arrangement Relating to Animal Health and
Livestock Services

Preamble: Whereas, it is expedient to systematize and develop the animal husbandry
business which occupies an important place of the national economy and to provide
necessary arrangement relating to healthy production; sale, distribution, export and import
of animal products or animal production inputs,
Now, therefore, the Parliament has enacted this Act on the twenty seventh year of
the reign of His Majesty the King Birendra Bir Bikram Shah Dev.
Chapter-1
Preliminary
1. Short Title and Commencement: (1) This Act may be called "Animal Health and
Livestock Services Act, 2055 (1998)."
(2) This act shall come into force at the prescribed area and from the
prescribed date as notified by Nepal Government in the Nepal Gazette.
2. Definitions : In this Act, unless the subject or context otherwise requires,
(a) "Animal" means any domestic or wild animal, and this expression
also includes bird and fish.
(b) "Animal Products" means meat, blood, animal fat, bile, milk, egg,
bone, skin, horn, hoof, feather, wool, fur, hair, embryo, semen,
glands, dung, urine or unprocessed material made from such items.
(c) "Animal Production Inputs" means processed or unprocessed
material used in animal health or artificial insemination and other
biological products.
(d) "Biologicals" means bacterial or viral vaccines, medicines or
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biological chemicals used for the development of livestock and
animal health.
(e) "Quarantine Check Post" means an Animal Quarantine Check Post
established by Nepal Government under Section 3.
(f) "Quarantine" means the process to confirm any animal, animal
products or animal production inputs whether diseased or not and put
such animal, animal products or animal production or inputs in
isolation in specific place, together with or separately for a period of
time as prescribed for their inspection.
(g) "Quarantine Officer means the person specified under Section 5.
(h) "Quarantine Place" means a place to keep an animal, animal products
or animal production inputs for examination with the purpose of
Quarantine.
(i) "Contagious Disease" means the disease mentioned in the Schedules
and other diseases as notified by the Government of Nepal in the
Nepal Gazette.
(j) "Department" means Department of Livestock Services of
Government of Nepal.
(k) "Office Chief'" means a person who acts as a chief of District
Livestock Services Office or a person acting as a chief of any other
prescribed Office.
(l) "Veterinary Inspector" means an Officer appointed or designated
under Section 25
(m) "Importer" means a person who imports animal, animal products or
animal production inputs from other countries into Nepal.
(n) "Exporter" means a person who exports animal, animal products or
animal production inputs from Nepal to other countries.
(o) "Prescribed'" or "As prescribed" means prescribed or as prescribed in
the Rules framed under this Act.
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Chapter-2
Provisions Relating to Animal Quarantine
3. Establishment of Quarantine Check Post: Nepal Government shall establish a
temporary or permanent Animal Quarantine Check Post in any area within the
country of Nepal by notification published in the Nepal Gazette.
4. Construction of Quarantine Places: (1) Nepal Government may construct a
Quarantine place in the Quarantine check post area established under Section 3 by
notification published in the Nepal gazette.
(2) Notwithstanding anything contained in Sub-section (1), Government of
Nepal may also permit Private Sector to construct a Quarantine place.
(3) Anybody willing to construct a Quarantine place in the private sector
pursuant to Sub-section (2) shall obtain a recommendation letter from the
Department.
(4) The terms and conditions to be followed and standard to be maintained
in order to construct Quarantine place under Sub-section (1) or (2) shall be as
prescribed.
5. Appointment of Quarantine Officer: Nepal Government shall appoint a person at
least with a bachelor degree in Veterinary Science as Quarantine Officer to act as a
chief of the Quarantine Check Post established under Section 3.
6. To be kept in Quarantine: (1) An importer should keep imported animal, animal
products or animal production inputs in Quarantine for a specified period of time
for their inspection.
(2) The importer concerned shall arrange the feeding, watering and security
for the animal in Quarantine under Section (1) at his/her own cost.
(3) In case of death of any animal under Quarantine, the Quarantine Officer
shall order the importer to destroy the dead animal after completing the
postmortem examination.
(4) The importer shall not claim for any kind of compensation in case of
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death of animal kept in Quarantine under Sub-section (1).
(5) The examination procedure of animal, animal products and animal
production inputs kept in Quarantine shall be as prescribed.
7. Issue of certificate: The Quarantine Officer shall issue a certificate in a prescribed
format for animal, animal products or animal production inputs kept in Quarantine,
after the completion of examination.
8. Terms and Conditions to be Followed for the Export or Import : The terms and
conditions to be followed by an exporter or importer in exporting or importing
animal, animal products or animal production inputs shall be as prescribed.
9. Import be Made Only Through the Route of Quarantine Check Post: An
importer shall import the animal, animal products or animal production inputs
through the route of Quarantine check post only.
10. Restriction on Import: Government of Nepal may restrict the import of animal,
animal products or animal production inputs found with prescribed diseases by a
notification published in the Nepal gazette.
11. Prohibition of Entry: The Quarantine Officer may prohibit the entry of animal,
animal products or animal production inputs on the following circumstances:
(a) If an information is received that the imported animal, animal
products or animal production inputs are brought from the outbreak
area of contagious diseases,
(b) In case of failure to submit the prescribed certificate of disease free
and soundness certificate of animal, animal products or animal
production inputs by the importer.
(c) If any animals are found dead by contagious diseases even if a
certificate under Clause (b) is submitted.
(d) If the vehicle carrying the imported animal, animal products or
animal production inputs is found contaminated with contagious
diseases.
12. Order May be Issued: (1) The Quarantine Officer may issue an order to return the
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animal, animal products or animal production inputs prohibited under Section 11 to
the country of their origin.
(2) If there is a possibility of spread of contagious disease in case the
animal, animal product or animal production inputs are allowed to remain as such
or returned to the country of their origin, the Quarantine Officer may issue an order
to the importer to remove or to destroy such animal, animal products, or animal
production inputs.
13. May be Auctioned: (1) If the importer concerned does not take the animal, animal
products, or animal production inputs kept in Quarantine by the prescribed time,
the Quarantine Officer may seize and auction such animal, animal products or
animal production inputs. The condition and procedures of the auction shall be as
prescribed.
(2) If it does not seem appropriate to auction or no body accepts on
auctioning the animal, animal products or animal production inputs seized under
Sub-section (1), the Quarantine Officer may issue an order to remove or to destroy
such animal, animal products or animal production inputs.
14. Removal or Destruction: The importer concerned shall remove or destroy the
animal, animal products or animal production inputs once ordered by the
Quarantine Officer under Section 6, 12 or 13.
(2) If the importer concerned does not remove or destroy the animal, animal
product or animal production inputs pursuant to Sub-section (1), the Quarantine
Officer may remove or destroy such animal, animal products or animal production
inputs.
(3) The expenses incurred during removal or destruction of animal, animal
product or animal production inputs under Sub-section (2) shall be reimbursed
from the importer as government dues.
15. Arrangement for the Transport and Movement of Animals: The Office In
charge or the Quarantine Officer may restrict the movement and transport of
animals from the place of Nepal where there is outbreak of contagious diseases in
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animals to other places of Nepal.
Chapter-3
Arrangement for Animal Breed Improvement
16. Notification may be Issued: (1) Nepal Government may by a notification
published in the Nepal Gazette, issue a notice to castrate the male animals in any
part of Nepal other than those as specified in the notification in order to protect the
extinguishing species or to improve their breed.
Provided that, if there is a need for keeping the unsaturated animals
essential for traditional festival, worship, or ritual ceremony, any provision
mentioned in Sub-section (1) shall not prevent to keep such male animals
separately not allowing for mating.
(2) If a male animal other than as specified in Sub-section (1) is found kept,
the Office In charge may issue an order requiring the person concerned to
immediately castrate such male animals.
Chapter-4
Arrangement relating to the Establishment of an Industry and Export Import
17. Recommendation letter for Establishment to be Obtained: A person willing to
establish an industry related to biological products, chicks, fingerlings (hatchery),
animal feed or meat processing shall obtain a recommendation letter from the
prescribed authority.
18. Recommendation for Import or Export to be Obtained: A person willing to
import biological products, chicks, fingerlings or animal feed shall obtain a
recommendation letter from the prescribed authority with a payment of fee as
prescribed.
19. License to be Obtained: (1) A person willing to sell biological products, chicks,
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fingerlings or meat processing shall obtain a license from prescribed authority
paying the fee as prescribed.
(2) The quality and standard of biological products, chicks, fingerlings or
meat processing mentioned in sub-Section (1) shall be as prescribed.
Chapter-5
Penalty and Appeal
20. Penalty: (1) Any importer, who imports animal, animal products or animal
production inputs breaching of Section 9 shall be punished with a fine up to
Rupees Twenty five thousand, and if the animal, animal products or animal
production inputs so imported are found infected or with contagious diseases, the
amount of fine shall be double.
(2) Any person who violates Section 10 shall be punished with a fine up to
Rupees Ten Thousand.
(3) Any person who does not obey the order issued under Sub-section (1) of
Section 12 shall be punished with a fine up to Rupees Twenty Five Thousand.
(4) Any person who breaches any provision, other than mentioned in Subsection
(1), (2) and (3), of this Act or the Rules framed under this Act shall be
punishable with a fine up to rupees five thousand depending upon the gravity of
the crime.
21. Investigation of the Case and File Thereof : (1) The investigation of the crime
under this Act shall be initiated by at least non Gazette first class Assistant
technician of the Quarantine Check Post and upon the completion of the
investigation he/she shall file the case to the Judicial Authority.
(2) The crime investigation personnel may seek an advice with Government
Attorney before filing the case to the Judicial Authority.
22. Judicial Authority : (1) The concerned Judicial Authority shall have the authority
to deal the case under Section 9.
(2) The Office In charge shall have the authority to deal with the cases,
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other than specified in sub-section (1), under this Act.
23. Government of Nepal shall be a Plaintiff : Government of Nepal shall be a
Plaintiff in the cases under this Act.
24. Appeal: A person not satisfied with the decision made by the Officer under Subsection
(1) of Section 22 may appeal to the Appellate Court within thirty five days
and in case of Sub-section (2) of Section 22 one may appeal to the Director
General of the Department.
Chapter-6
Miscellaneous
25. Appointment of Veterinary Inspector : (1) In order to inspect the quality and
standard of veterinary drugs or biological products, Government of Nepal may
appoint or designate the Veterinary Inspectors in the places or institutions as per
necessity.
(2) The functions, duties and powers of the Veterinary Inspectors appointed
pursuant to Sub-section (1) shall be as prescribed.
26. Delegation of Authority: The Office Chief, Veterinary Doctor, Quarantine Officer
or Veterinary Inspector may delegate any of the authority, other than the authority
of dealing of case as conferred to him/her under this Act, to the personnel sub
ordinance to him/her as per necessity.
27. Prevention from Cruelty to Animals: Government of Nepal may constitute a
committee for the prevention of cruelty to animals by a notification published in
the Nepal Gazette and the functions, duties and powers of such committee shall be
as specified in such notification.
28. Inquiry may be Made: (1) If the Office Chief suspects for contagious disease, in
any animal, animal products or animal production inputs he/she may examine such
animal, animal products or animal production inputs by entering the places of their
location.
(2) If any animal, animal products or animal production inputs are found
infected with a disease specified in the notification published in the Nepal Gazette
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under Section 10 while examining under Sub-section (1), the Office Chief may
remove or destroy such animal, animal products or animal production inputs.
(3) If the owner concerned does not remove or destroy the animal, animal
products or animal production inputs under Sub-section (2) the Office Chief may
remove or destroy such animal, animal products or animal production inputs.
(4) The expenses incurred during removal or destruction of animal, animal
products or animal production inputs shall be imbursed from the concerned owner
as a Government due.
29. Procedure of Destruction: The procedure of destruction of carcass, animal
products or animal production inputs shall be as prescribed.
30. No Objection : Notwithstanding any thing contained elsewhere this Act, it shall
not be deemed to have been objected to keep the processed animal products, under
Quarantine for inspection if there is any doubt of Contagious Disease.
31. Power to Make Changes and Alterations in the Schedule: Government of Nepal
may, by a notification published in the Nepal gazette, make changes as well as
alterations in the Schedule as per necessity.
32. To be as per Prevailing Laws: The matters contained in this Act shall be as per
this Act and the matters not provided for in this Act shall be as per prevailing laws.
33. Power to Frame Rules: Government of Nepal may frame necessary Rules for
carrying out the objectives of this Act.
34. Amendment: The words "animal, bird or" used in various places of The
Contagious Disease Act, 2020(1963) have been deleted.
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Schedule
(Related to Clause (i) of Section 2)
1. AO10 Foot and Mouth Disease (FMD)
2. AO11 FMD -Virus O
3. AO12 FMD -Virus A
4. AO13 FMD -Virus C
5. AO14 FMD -Virus SAT 1
6. AO15 FMD -Virus SAT 2
7. AO16 FMD -Virus SAT 3
8. AO17 FMD -Virus Asia 1
9. AO18 FMD -Virus not typed
10. AO20 Vesicular Stomatitis (VS)
11. AO21 VS- Virus Indiana
12. AO22 VS- Virus New Jersey
13. AO23 VS- Virus not typed
14. AO24 Swine vesicular disease
15. AO40 Rinderpest
16. AO50 Pestes des petits ruminants
17. AO60 Contagious bovine pleuropneumonia
18. AO70 Lumpy skin disease
19. AO80 Rift valley fever
20. AO90 Blue tongue
21. A100 Sheep pox and Goat pox
22. A110 African horse sickness
23. A120 African swine fever
24. A130 Hog cholera
25. A140 Fowl Plague
26. A160 Newcastle Disease
Multiple Species Diseases
27. B051 Anthrax
28. B052 Auzesky's Disease
29. B053 Echinococcosis / Hydatidoisis
30. B055 Heart water
31. B056 Leptospirosis
32. B057 Q fever
33. B058 Rabies
34. B059 Para tuberculosis
Cattle Diseases
35. B060 Screwworm (Cochliomyia hominivorax)
36. B101 Anaplasmosis
37. B102 Babesiosis
38. B103 Bovine brucellosis ( B. abortus)
39. B104 Bovine genital campylobacteriosis
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40. B105 Bovine Tuberculosis ( Mycobacterium bovis)
41. B106 Cysticercosis ( C. bovis)
42. B107 Dermatophilosis
43. B108 Enzootic bovine leukosis
44. B109 Hemorrhagic septicemia
45. B110 Infectious bovine rhinotracheitis ( IBR/ IPV)
46. B111 Theileriosis
47. B112 Trichomoniasis
48. B113 Trypanosomiasis
49. B114 Bovine malignant catarrhal
50. B115 Bovine spongiform encephalopathy ( BSE)
Sheep and Goat diseases
51. B151 Brucella ovis infection
52. B152 Caprine and ovine brucellosis ( B. melitensis)
53. B153 Caprine arthritis/ encephalitis
54. B154 Contagious agalactia
55. B155 Contagious Caprine pleuropneumonia
56. B156 Enzootic abortion of ewes
57. B157 Pulmonary adenomatosis
58. B158 Nairobi sheep disease
59. B159 Salmonellosis
60. B160 Scrapie
61. B161 Maedi- Visna
Horse diseases
62. B201 Contagious equine metritis
63. B202 Dourine
64. B203 Epizootic lymphangitis
65. B204 Equine encephalomyelitis
66. B205 Equine infectious anemia
67. B206 Equine influenza ( Virus type A )
68. B207 Equine piroplasmosis ( Babesiosis)
69. B208 Equine rhinopneumonitis
70. B209 Glanders
71. B210 Horse pox
72. B211 Infectious arteritis of horse
73. B212 Japanese encephalitis
74. B213 Horse mange
75. B 215 Surra
76. B216 Venezuelan equine encephalomyelitis
Pig diseases
77. B251 Atropic rhinitis
78. B252 Cysticercosis ( C. cellulosae)
79. B253 Porcine brucellosis ( B. suis)
80. B254 Transmisible gastroenteritis of pigs
81. B255 Trichinellosis
82. B256 Enterovirus encephalomyelitis
83. B257 Porcine reproductive and respiratory syndrome
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Poultry Diseases
84. B301 Avian infectious bronchitis
85. B302 Avian infectious laryngotracheitis
86. B303 Avian tuberculosis
87. B304 Duck virus hepatitis
88. B305 Duck virus enteritis
89. B306 Fowl cholera
90. B307 Fowl pox
91. B308 Fowl Typhoid ( S. gallinarum)
92. B309 Infectious bursal disease (Gumboro Disease)
93. B310 Marek's disease
94. B311 Mycoplasmosis ( M. gallisepticum)
95. B312 Psitacosis and ornithosis
96. B313 Pullorum disease ( S. Pullorum)
Disease of other animal
97. B501 Leishmaniasis
Multiple species disease
98. C611 Listeriosis
99. C612 Toxoplasmosis
100. C613 Meliodosis
101. C614 Blackleg
102. C615 Botulism
103. C616 Other clostridial infection
104. C617 Other psterellosis
105. C618 Actinomycosis
106. C619 Intestinal salmonella infection
107. C620 Coccidiosis
108. C621 Distomatosis ( Liverfluke)
109. C622 Filariasis
Cattle disease
110. C652 Mucosal disease/ Bovine viral diarrhea
111. C653 Vibrionic dysentry 112 C654 Warble infestation
Sheep and goat disease
113. C701 Contagious postular dermatitis
114. C702 Foot-rot
115. C703 Contagious ophthalmia
116. C704 Enterotoxaemia
117. C705 Caseous lyphangitis
118. C706 Sheep mange
Disease of other animals
119. C751 Equine coital exenthema
120. C752 Ulcerative lymphangitis
121. C753 Strangles
122. C754 Salmonellosis ( S. abortus equi)
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Pig disease
123. C801 Swine erysipelas
Poultry disease
124. C851 Infectious coryza
125. C853 Avian encephalomyelitis
126. C854 Avian spirochaetosis
127. C855 Avian salmonellosis
128. C856 Avian leukosis
Dog and Cat disease
129. C921 Canine distemper.

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