ANIMAL EPIDEMICSACT, B.E. 2499 (1956) -...

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ANIMAL EPIDEMICSACT,

B.E. 2499 (1956)1 _____________

BHUMIBOL ADULYADEJ, REX;

Given on the 28th Day of September B.E.2499; Being the 11thYear of the Present Reign.

His Majesty King BhumibolAdulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law onanimal epidemics; Be it, therefore, enacted by the King, by and with the advice and consent of the House of Representatives, as follows: Section 1.This Act is called the “Animal EpidemicsAct, B.E. 2499 (1956)”. Section 2.2This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette. Section 3. The following shall be repealed: (1) Epidemicsof Livestock and Beasts of Burden Act, B.E. 2474 (1931); (2) Epidemics of Livestock and Beasts of Burden Amendment Act, B.E. 2478 (1935); and (3) Epidemics of Livestock and Beasts of Burden Act (No.3), B.E. 2497 (1954). All other laws, rules, or by-laws in so far as they are contrary to or inconsistent with the provisions of this Act, shall be replaced by this Act.

1 Translated by Mrs. Thararut Hanlumyuang under contract for the Office of the Council

of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval.

2 Published in the Government Gazette, Vol. 73, Part 78, 063, dated 2nd October B.E. 2499 (1956).

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Section 4.In this Act: “animal” means: (1)3elephant, horse, cow, buffalo, donkey, mule, goat, sheep, pig, dog, cat, rabbit, monkey, gibbon, and shall includesemen used for breeding and their embryos (microorganisms of animals in the early stage of growth until the stage of fully developed organs); (2) poultry in the categories ofbird, chicken, duck, goose, and shall include eggsused for reproduction; and (3) other kinds of animals as specified in Ministerial Regulation; “carcass” means body or part of body of dead animal not yet transformed into cooked food or fully processed product, and shall include tusk, horn, and hair, being taken out from living animal and not yet transformed into fully processed product; “epidemic” meansthe Rinderpest, the HaemorrhagicSepticemia, the Anthrax, the Surra, theEpizootic Lymphangitis, the Glanders, the Foot and Mouth Disease, theSwine Fever, and other diseases as specified in Ministerial Regulation; “owner” shall include a person taking possession of animal, and in case of animal with no owner, it shall also include a person tending and controlling that animal; “port of entry” means a place for importation of animals and carcasses into the Kingdom; “port of exit” means a place for exportation of animals and carcasses out of the Kingdom; “animal quarantine station” means a place for confinement of animals or carcasses for examination of epidemics; “trade” means middleman-type trade; “competent official” means a person appointed by the Minister; “inspector” means an inspector of the Department of Livestock Development or a person appointed by the Director-General; “registrar” means a person appointed to be a registrar by the Minister; “veterinarian” means a veterinarian of the Department of Livestock Development or a person appointed by the Minister;

3 Section 4 the definition of “animal” (1) was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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“Director-General” means the Director-General of the Department of Livestock Development; “Minister” means the Minister having charge and control of the execution of this Act. Section 5. This Act shall not apply to animals belonging to the Ministry of Defense and other government agencies as specified in Ministerial Regulation. Section 6. For dogs, cats, rabbits, monkeys, gibbons, including their semen used for breeding, and the poultry in the categories of birds, chicken, ducks, geese, including their eggs used for reduction, this Act shall apply only in case of importation into, exportation out of, or transit via the Kingdom, or other acts as specified in Royal Decree. Section 7.The Minister of Agriculture shall have charge and control of the execution of this Act. He or she shall have the power to appoint competent officials, registrars, and veterinarians; to issue Ministerial Regulations specifying rules for application for and issuance of licence; to fix fees not exceeding the schedule annexed to this Act or to grant exemption of fee as a specific case; and specifying other matters for the implementation of this Act. Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

CHAPTER I PREVENTION OF EPIDEMICS

_____________ Section 8.For any area not yet announced to be an EpidemicFree Zone under Chapter II or an Epidemic Zone, a Suspected EpidemicZone, or a Temporary EpidemicZone under Chapter III, if an animal is sickor dies of an epidemicor suddenly falls sickor dies of an unknown causeor if, in the same village or adjacent area, more than two animals fall sick or dieor have similar symptoms shown during a seven-days period, the owner shall notify the competent official, the inspector, or the veterinarian of that area within twenty-four hours from the time the animal falls sick or dies.

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In case the animalsfallsick under the preceding paragraph, the owner shall confine all sick animals within the area where they are. The owner and any other person are not permitted to move the sick animals from that area. In case the animals die under the preceding paragraph, the owner shall keep the carcasses at their place of death. The owner or any other persons are not permitted to move, dissect, or do anything to those carcasses. If the competent official, the inspector, or the veterinarian is unable to examine the carcasses within forty-eight hours from their time of death, the owner shall burry the carcasses at least fifty centimeters below the ground surface, and in case of large carcasses, to also put soilnot less than fifty centimeters over the burial site. Section 9.Upon the notification under section 8 or where there is a reasonable ground to suspect that an animal is sick or dies of an epidemic, the competent official or the inspector shall have the power to issue a written order for the owner to do the following: (1) to confine, isolate, or move the animal being sick or suspected of being sick to be within the area and in accordance with the specified methods; (2) to burry or burn the carcass at a specified place, if the burial or burning is not possible, to destroy it by other methods deemed appropriate; or (3) toconfine, isolate, or move the animal, being or used to be in the same group with the animal being sick or suspected of being sick or with the dead animal, to be within the area and in accordance with the specified methods. Section 10.Upon the notification under section 8 or where it is found, or there is a reasonable ground to suspect, that an animal is sick or dies of an epidemic, the veterinarian shall have the power to examine the animal or the carcass, and to issue a written order for the owner to do the following: (1) to confine, isolate, or move the animal being sick or suspected of being sick to be within the area and in accordance with the specified methods, or to have it received treatment as deemed appropriate; (2) to bury or burn all or part of the carcass at a specified place, if the burial or burning is not possible, to destroy it by other means deemed appropriate; (3) to confine, isolate, or move the animal, being or used to be in the same group with the animal being sick or suspected of being sick or with the dead animal, to be

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within the area and in accordance with the specified methods, or to have it received protection against epidemics as deemed appropriate; (4) to destroy the animal affected with an epidemic, or the animal or carcass being a carrier of an epidemic in accordance with Rules specified by the Director-General with an approval of the Minister; in this case, the owner shall receive compensation as set forth in Ministerial Regulation with an amount of not less than half of its value if being sold at a local market, except in case the owner intentionally commits an offence against the provisions of this Act; (5) to eliminate germs in feedstuffs or the carcass being a carrier of an epidemic in accordance with the specified methods; or (6) to cleanse and disinfectepidemic germs or carriers ofepidemics in land, building, vehicle, or object in accordance with the specified methods.

CHAPTER II EPIDEMIC FREE ZONE

_____________ Section 11.Where the Minister deems suitable to prevent epidemicoutbreak for any kind of animal in any area, he or she shall have the power to announce in the Government Gazette all or part of that area as the Epidemic Free Zone. Such publication shall indicate the kinds of animals and epidemics. Section 12. Upon the announcement of the Epidemic Free Zone under section 11, no person is allowed to move animals or carcasses into or through that zone, unless granted permission in writing from the Director-General or the veterinarian assigned by the Director-General. Section 13. Within the Epidemic Free Zone, the animal owner shall have the duty to comply with section 8, the competent official andthe inspector shall have the power specified under section 9, and the veterinarian shall have the power specified under section 10 and section 18. Section 14. Within the Epidemic Free Zone, if it appears that there is, or having a reasonable ground to suspect that there is an epidemic, the Governor or the

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veterinarian may announce it as the Epidemic Zone, the Suspected Epidemic Zone, or the Temporary Epidemic Zone, as the case may be, under Chapter III.

CHAPTER III EPIDEMIC ZONE _____________

Section 15. If there is, or suspecting that there is, an epidemic in an area of any Changwat, the Governor of that Changwat, shall have the power to announce all or part of the Changwat as the Epidemic Zone orthe Suspected Epidemic Zone, as the case may be.Such announcement shall also indicate kinds of animals and epidemics, and shall be displayedat the Provincial Hall, the District Office, houses of the Sub-district Headman and the Village Headman, and community assembly place, of that area. Section 16.In case the veterinarian is of the view that an epidemic found in his or her locality or in an adjacent locality will spread, he or she shall have the power toannounce in writing the Temporary Epidemic Zone, with a radius of not exceeding five kilometers from the place where the epidemic is found. Such declaration shall also indicate kinds of animals and epidemics and shall be displayed at the Provincial Hall, the District Office, houses of the Sub-district Headman and the Village Headman, and community assembly place, of that area, and shall be in effect for thirty days from the date of its announcement. Section 17.When there is the announcement of the Epidemic Zone or the Suspected Epidemic Zone under section 15, or the Temporary Epidemic Zone under section 16, no person is allowed to move animals or carcasses within that zone, or take them into or out of the zone, unless granted permission in writing by the veterinarian. Section 18. Within the Epidemic Zone or the Suspected Epidemic Zone under section 15, or the Temporary Epidemic Zone under section 16, the veterinarian shall have the power specified under section 10 and as follows: (1) to issue announcement or written order for owners to notify amount of certain animals and if deemed appropriate, to take animals for examination or protection of epidemics;

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(2) to order the owner of animals already examined or given epidemic protection to take the animals to be marked; or (3) toorderquarantine of vehicle carrying animals or carcasses for inspection of epidemics, and if deemed appropriate, to order quarantine of those animals and carcasses for observation as may be necessary. Section 19.Within the Epidemic Zone or the Suspected Epidemic Zone under section 15, or the Temporary Epidemic Zone under section 16, if any animal falls sick or dies, the owner shall notify the competent official, the inspector, or the veterinarian within twelve hours from the time of the animal falls sick or dies. The provision of section 8 paragraph two shall apply mutatis mutandis. Section 20.In an area of any Changwatannounced as the Epidemic Zone or the Suspected Epidemic Zone, if it appears that the epidemic subsides or is absolutely non-existed, as the case may be, the Governor shallremovesuch announcement.

CHAPTER IV CONTROL OF ANIMAL AND CARCASS TRADE

_____________ Section 21.No person is allowed to trade elephant, horse, cow, buffalo, sheep, goat, pig, or other animals as specified in Ministerial Regulation, or trade carcasses as specified in Ministerial Regulation, unless obtained a licence from a registrar. Section 21bis.4 No person is allowed to sell, dispense, distribute, give out, exchange, or have in possession in order to sell, semen to be used for breeding or embryo of horse, cow, buffalo, sheep, goat, pig, or other animals as specified in Ministerial Regulation, unless obtained a licence from a registrar. The application for and issuance of licence shall be in accordance with criteria, methods, and conditions specified by the Director-General and published in the Government Gazette.

4Section 21 biswas added by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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Section 22.5The licence under section 21 or section 21 bis shall be valid until the last calendar day of the year of its issuance. Section 23.A trader of animals and carcasses must comply with conditions specified in the licence. Section 24.6In case a licensee under section 21 or section 21 bisviolates the provisions of this Act or the conditions specified in the licence, the veterinarian shall have the power to seize his or her licence for submission to the registrar. If deemed appropriate, the registrar may order suspension or revocation of that licence. A licensee, whose licence is seized, suspended, or revoked under paragraph one, shall have the right to appeal to the Minister or a person assigned by the Ministerwithin thirty days from the date of its seizure, suspension, or revocation, as the case may be. The decision of the Minister or the assigned person shall be final.

CHAPTER V MISCELLANEOUS _____________

Section 25.If an ownerless animal falls sick or dies on land of any person, an owner of that land shall comply with this Actjust as an owner of the animal. If an owner of the animal later becomes present, the land owner shall have the right to claim the actual expenses from the animal owner. Section 26.If an ownerless animal falls sick or dies of an epidemic in public place or on an ownerless land, the competent official, the inspector, or the veterinarian shall have the power to confine the animal or carcass at a place deemed suitable within that land. If deemed appropriate, the carcass may be buried. In case of necessity to prevent the epidemic outbreak, the veterinarian may destroy the animal or carcass, or bury the carcass within that land.

5 Section 22 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 6 Section 24 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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If an owner of the animal later becomes present, the competent official, the inspector, or the veterinarian shall have the right to claim the actual expenses from the animal owner. Section 27.7For an animal being taken around by its owner or transported by vehicles, if it appears or having a reasonable cause to suspect that the animal catches, or is a carrier of an epidemic, the veterinarian shall have the power to confine that animal at a place deemed appropriate as may be necessary. Expenses shall be borne by the animal owner. Section 28. No person is allowed to dig out the carcass buried in accordance with the provisions of this Act, unless obtained permission in writing from the veterinarian. Section 29.When it appears that there is, or a reasonable ground to suspect that there is, an epidemic or a carrier of an epidemic in any vehicle, building, or other places, the veterinarian shall have the power to summon that vehicle for inspection or enter into that building or place. The owner of that vehicle, building, or place shall provide convenience to the veterinarian as appropriate. Entering into the building or place under the preceding paragraph shall be done between sunrise and sunset. Section 30. The Minister shall have the power to publish the following in the Government Gazette: (1) designationof port of entry and port of exit; (2) prohibition of importation into or transit through the Kingdom ofan animal or carcass from an area outside the Kingdom, in case it appears that such area has or is suspected to have an epidemic; and (3) prescription of rules on seizure, destruction, or return of an animal or carcass without compensation, in the following cases; a. importation into or transit through the Kingdom in violation of the provisions of this Act; or

7Section 27 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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b. importation into or transit through the Kingdom in compliance with the provisions of this Act when the animal catches an epidemic, or that animal or carcass is a carrier of an epidemic, at the time of or after the importation into or transit through the Kingdom. Section 31.No person is allowed to import, export, or transit an animal or carcass through the Kingdom, unless obtained a licenceby the Director-General or a person assigned by the Director-General. The Director-General or the assigned person may specify conditions, as deemed appropriate, in the licence. The importation into, exportation out of, or transit through the Kingdom of an animal or carcass under this section shall be done at a port of entry or a port of exit as the case may be, unless ordered otherwise by the Director-General or the assigned person. Section 32.Any person, who imports, exports, or transit an animal or carcass through the Kingdom, shall act as set forth in Ministerial Regulation. Section 33.8The Director-General shall have the power to publish the following in the Government Gazette: (1) appointment of inspectors to implement this Act; (2) designationof animal quarantine stations and animal transportation depots; (3) prescription of rules on destruction of animals affected by an epidemic or being carriers of an epidemic; and (4) prescription of rules on examination and disinfection of germs from animals and carcasses being imported into, exported out of, transited through, or moved around the Kingdom. Section 34.9Any person, who takes elephant, horse, cow, buffalo, goat, sheep, pig, or their semen for breeding purpose or their embryo, or other kinds of animals as specified in Ministerial Regulation, or carcasses as specified in Ministerial regulation, to an area of other Changwat, must obtain a licence from the local veterinarian.

8Section 33 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 9Section 34 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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In issuing the licence under paragraph one, the veterinarian may stipulate in the licence necessary conditions regarding usages of routes and vehicles for transporting the animals; animal transportation stations; and transit via animal quarantine stations, in accordance with rules specified by the Director-General, except in case of taking the animals for feeding or occasional work. Section 35. Any person who takes animals though an animal quarantine station must act in accordance with Ministerial Regulation. Section 36. Any person who exports animalsor carcasses to be sold abroad must act in accordance with Ministerial Regulation. Section 37.Fifty percent of fees specially collected as lodging charge for animals or carcasses to be exported shall be retained as a fund for expenses in the control of exportation of animals and carcasses to be sold aboard. The remaining amount shall be sent as the State money. Section 38.10The inspector shall have the power to arrest an offender against the provisions of this Act and to seize animals, carcasses, or any object related to an offence under this Act, for transmitting to an inquiry officer for further actions in accordance with the Criminal Procedure Code or for actions under section 51.

CHAPTER VI PENALTIES

_____________ Section 39.11Any personwho violates section 8 paragraph oneshall be liable to a fine of not exceeding two thousand baht. Section 40.12Any personwho violates section 8 paragraph two, or orders of competent official or inspector under section 9, or section 19, or any owner of vehicle,

10 Section 38 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 11Section 39 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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building, or place who obstructs or fails to provide appropriate convenience to the veterinarian under section 29 paragraph one, shall be liable to imprisonment for a term of not exceeding two months, or to a fine of not exceeding four thousand bath, or to both. Section 41.13 Any person whoviolates orders of the veterinarian under section 10 or section 18, or violates section 23 shall be liable to imprisonment for a term of not exceeding six months, or to a fine of not exceeding ten thousand baht, or to both. Section 42.14 Any person who violates section 12, section 17, section 21, section 21 bis, or section 28 shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding twenty thousand baht, or to both. Section 43. Any person, who violates section 13, in case of non-compliance with section 8 paragraph one shall be liable to the penalty set forth in section 39; in case of non-compliance with section 8 paragraph two or violation of orders of the competent authority or the inspector under section 9 shall be liable to the penalties set forth in section 40; in case of violation of orders of the veterinarian under section 10 or section 18 shall be liable to the penalties set forth in section 41. Section 44.15 Any land owner who does not comply with theduties specified in section 25 shall be liable to a fine of not exceeding two thousand baht. Section 45.16(Repealed)

12 Section 40 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 13 Section 41 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 14 Section 42 was amended by the Animal Epidemic Act (No. 2), B.E. 2542 (1999). 15Section 44 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 16Section 45 was repealed by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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Section 46.17 Any personwho violates the announcement of the Minister under section 30 (2) shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand baht, or to both. Section 47.18Any personwho violates section 31 paragraph one or paragraph three, or violates the conditions specified in the licenceunder section 31 paragraph two shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand baht, or to both. Section 48.19 Any personwho violates section 32, section 35, or section 36shall be liable to imprisonment for a term of not exceeding two months, or to a fine of not exceeding four thousand baht, or to both. Section 49.20 Any personwho violates section 34 paragraph one or the conditions specified in the licence under section 34 paragraph twoshall be liable to imprisonment for a term of not exceeding six months, or to a fine of not exceeding ten thousand bath, or to both. Section 50.21 Any person who uses fake marks or forges the animal markers, modifies or alters marks on animals in order make believe that it is the marker of the competent official, or destroys or alters any mark affixed by the competent official on carcass or container or carcass packaging, shall be liable to imprisonment for a term of not exceeding six months, or to a fine of not exceeding ten thousand bath, or to both. Section 51.22 For the offences under this Act punishable with a fine only, the Director-General or the assigned person by him or her shall have the power to settle the case.

17Section 46 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 18Section 47 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 19Section 48 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 20Section 49 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 21Section 50 was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999). 22Section 51 was added by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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When the offender pays the fine in the amount settled within the specified period, the case shall be terminated. Section 52.23 The Director-General shall have the power to disburse bribe money or reward in accordance with Rules specified by him or her with an approval of the Ministry of Finance. Countersigned by Field Marshal Plaek.Pibulsongkram Prime Minister

23Section 52 was added by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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SCHEDULE OF FEES24

Items Particulars Baht Remarks 1. Animal Import Licence elephant each 250.- horse, cow, buffalo, donkey, mule, dog, cat, monkey, gibbon each animal 100.- sheep, goat, pig, rabbit each animal 50.- ostrich, emu each animal 200.- chicken, duck, goose, and other poultryeach animal 5.- other kinds of animal each animal 100.- semen for breeding per dose 10.- embryo each 100.- ostrich egg, emu egg, for reproduction each 50.- egg for other poultry for reproduction each 50.-

2. Animal Export Licence elephant each 50,000.- horse, cow, buffalo, donkey, mule, dog, cat, monkey, gibbon each animal 50.- sheep, goat, pig each animal 25.- rabbit each animal 10.- other kinds of animal each animal 500.-

3. Animal Transit Licence elephant each animal 2,000.- horse, cow, buffalo, donkey, each animal 100.- sheep, goat, pig, dog, monkey, gibbon each animal 50.- cat, rabbit each animal 20.- other kinds of animal each animal 100.-

24The Schedule of Fees was amended by the Animal Epidemics Act (No. 2), B.E. 2542 (1999).

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semen for breeding purpose per dose 5.-

embryo each 20.- ostrich egg, emu egg, for reproduction each 50.- egg for other poultry for reproduction purpose each .50.-

4. Carcass Import Licence per kg.

20.-

For items 4, 5 and 6, fraction of one kg. from 500 grams or more shall be counted as one kg. If less than 500 grams, the fraction shall be discounted.

5. Carcass Export Licence per kg.

1.-

6. Carcass Transit Licence per kg.

1.-

7. Licence for Trade of elephant, horse, cow, buffalo, sheep, goat, pig, and other kinds of animal as specified in Ministerial Regulation

(1) for export per licence 2,000.- (2) within the Kingdom per licence 400.- (3) within a Changwat per licence 100.-

8. Licence for Selling of Semen for breeding or Embryo

(1) for export per licence 800.- (2) within the Kingdom per licence 200.-

9. Licence for Trade of Carcasses (1) for export per licence 400.- (2) within the Kingdom per licence 100.- (3) within a Changwat per licence 20.-

10. Substitutions for Licence for Trade, or Licence for Selling of Semen for breeding or Embryo, or Licence for Trade of Carcasses per substitution

20.-

11. Disinfection Charge at an animal quarantine stationeach animal

5.-

12. Lodging Charge for animals to be exported

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cow, buffalo each animal 50.- pig each 30.- sheep, goat each animal 20.-

13. Lodging Charge for carcasses to be exported Fraction of one kg. from 500 grams or more shall be counted as one kg. If less than 500 grams, the fraction shall be discounted.

carcass of cow, buffalo, pig per kg. 2.- sheep, goat per kg. 1.-

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