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ANIMALS (CONTROL OF IMPORTATION),
1952 (NO. 36 OF 1952)
ARRANGEMENT OF SECTIONS
Section
1. Short Title
2. Interpretation
3. Minister's power to extend or
restrict the application of the
ordinance
4. Power to prohibit importation
5. Power of Governor to make
regulations
6. Seizure of unlawfully imported
animals
7. Authority to slaughter imported
animal suspected of being diseased
8. Disposal of carcass of
slaughtered animal
9. Indemnity and payment of
compensation
10. Fees for examination of
imported animals
11. Payment of other expenses
12. Recovery of fees
13. Sale of Animal to meet the
moneys due
14. Repeal of Caps. 247 and 248
SCHEDULES
Schedule—Regulations for the
Control of the Importation of
Animals.
First Schedule—The Animals
(Control of Importation) Ordinance
Certificate
Second Schedule
(Gold Coast)
NO. 36 OF 1952
AN ORDINANCE to Control The
Importation of Animals.
Date of Commencement. [19th July,
1952.]
Section 1—Short Title.
This Ordinance may be cited as the
Animals (Control of Importation)
Ordinance, 1952.
Section 2—Interpretation.
In this Ordinance, unless the
context otherwise requires—
"animals" means cattle, sheep,
goats and all other ruminating
domestic animals, horses, mules,
asses, swine, dogs, cats, monkeys,
rabbits, captive wild mammals,
ostriches and poultry comprising
domestic fowls, turkeys, ducks,
geese, pigeons, guineafowls and
including the eggs of such
poultry;
"cattle" means bulls, cows, oxen,
heifers and calves;
"disease" means anthrax,
blackquarter, cattle plague (rinder-pest),
contagious bovine pleuro-pneumonia,
contagious pleuro-pneumonia of
goats, dourine, east coast fever,
epizootic lymphangitis, foot and
mouth disease, fowl pest, fowl
typhoid, African horse sickness,
glanders, haemorrhage,
septicaemia, malignant catarrh,
mange (including scab), pox,
rabies, swine erysipelas, swine
fever, trypanosomiasis,
tuberculosis, uncertative
lymphangitis and undulant fever of
goats;
"Government" means the Government
of the Gold Coast;
"import" with its grammatical
variations and cognate expressions
means to bring or cause to be
brought into the Gold Coast;
"importer" includes the owner or
any person for the time being
possessed of or beneficially
interested in any animal at or
from the time of the importation
thereof until the same is duly
delivered out of the charge of a
veterinary inspector and also any
person who signs any document
relating to any imported animal
required by this Ordinance to be
signed by an importer;
"Minister" means the Minister
responsible for agriculture;
"veterinary inspector" includes an
officer of the Department of
Animal Health not below the rank
of senior veterinary assistant,
and in the absence of any such
officer at a place of importation,
an officer of the Medical
Department not below the rank of
health superintendent, and, in the
absence from such place of an
officer of both such classes of
officer, any person authorised by
the Director of Veterinary
Services to perform the duties of
a veterinary inspector under this
Ordinance.
Section 3—Minister's Power to
Extend or Restrict the Application
of the Ordinance.
(1) The Minister may, by Order,
extend the application of this
Ordinance to any kind of animal or
disease which is not included in
the definition of the word
"animal" or the word "disease", as
the case may be, in section 2 of
this Ordinance.
(2) The Minister may, by Order,
declare that the provisions of
this Ordinance shall not apply in
respect of any kind of animal or
disease which appears in the
definition in section 2 of this
Ordinance, of the word "animal" or
the word "disease" as the case may
be.
Section 4—Power to Prohibit
Importation.
The Minister may, for the purpose
of preventing the introduction of
disease into the Gold Coast, by
Order, prohibit the importation of
animals or of any specified kind
thereof, brought from any
specified country or any specified
part of such country or generally.
Section 5—Power of Governor to
make Regulations.
First Schedule.
The Governor may make regulations
to control the importation of
animals into the Gold Coast:
Provided that the regulations
contained in the First Schedule to
this Ordinance shall be in force
until varied or revoked by other
regulations.
Section 6—Seizure of Unlawfully
Imported Animals.
A
veterinary inspector may, with the
consent of the Director of
Veterinary Services, cause to be
seized any animal imported in
contravention of the provisions of
this Ordinance.
Section 7—Authority to Slaughter
Imported Animal Suspected of Being
Diseased.
A
veterinary inspector may cause to
be slaughtered any animal imported
which is affected or is suspected
of being affected with any
disease, or any imported animal
which has been in contact with a
diseased animal or has been
otherwise exposed to the infection
or contagion of disease.
Section 8—Disposal of Carcass of
Slaughtered Animal.
Where an imported animal has been
slaughtered under the provisions
of this Ordinance its carcass
shall be buried or sold or
otherwise disposed of under such
conditions as a veterinary
inspector shall think fit and, if
sold, any proceeds of such sale
shall, less any expenses incurred
in such sale, be paid to the
importer of the animal:
Provided that in the case of an
animal which has been imported in
contravention of the provisions of
this Ordinance the carcass shall
belong to Government and, if sold,
any proceeds of such sale shall,
less any expenses incurred in such
sale, be paid to the general
revenue of the Gold Coast.
Section 9—Indemnity and Payment of
Compensation.
(1) No action shall lie against
Government or any officer of
Government for any act done in
good faith under the provisions of
this Ordinance and no compensation
shall be payable to any person for
any act done under the provisions
of this Ordinance unless the
Minister otherwise directs.
(2) Whenever it shall appear to
the Minister to be right, just, or
equitable that pecuniary
compensation should be paid to an
importer who shall have sustained
loss by reason of any measures
which shall have been taken in
pursuance of the provisions of
this Ordinance, it shall be lawful
for him to authorise payment out
of the general revenue of the Gold
Coast to such importer of such sum
and in such manner as to him shall
seem fit:
Provided that no compensation
shall be paid in respect of any
animal slaughtered under the
provisions of this Ordinance if
such animal has been imported in
contravention of the provisions of
this Ordinance.
Section 10—Fees for Examination of
Imported Animals.
The Minister may, by Order,
prescribe the fees to be charged
in respect of the examination of
imported animals and such fees may
vary in respect of different kinds
of animals.
Section 11—Payment of Other
Expenses.
The Government may recover from
the importer of an animal any
expenses incurred in the keep and
treatment of the animal pending
the examination.
Section 12—Recovery of Fees.
Any veterinary inspector
authorised in that behalf by the
Director of Veterinary Services
may sue on behalf of the
Government for the recovery of any
fees due in respect of the
examination of any animal and of
any expenses as provided by
section 11 of this Ordinance.
Section 13—Sale of Animal to Meet
the Moneys Due.
Wherever the importer of any
animal in respect of which an
examination has been conducted
has, after demand made, refused or
neglected to pay the prescribed
fee and other expenses and to
remove the animal, the Director of
Veterinary Services may cause the
animal to be sold by public
auction, and shall, after
deducting any moneys due in
respect of the fee and other
expenses aforesaid, pay the
balance, if any, to the importer
of the animal.
Section 14—Repeal of Caps. 247 and
248.
The Animals (Control of
Importation) Ordinance and the
Importation of Livestock Ordinance
are hereby repealed.
SCHEDULES
(Section 5.)
REGULATIONS FOR THE CONTROL OF THE
IMPORTATION OF ANIMALS.
Regulation 1—Title.
These Regulations may be cited as
the Animals (Control of
Importation) Regulations, 1952.
Regulation 2—Interpretation.
In these Regulations, unless the
context otherwise requires —
"veterinary surgeon" means —
(a) a Fellow or Member of the
Royal College of Veterinary
Surgeons as defined by section 2
of the Veterinary Surgeons Act,
1881; or
(b) any person possessing a
veterinary qualification
recognized by such College as
equal to its own; or
(c) any person possessing a
veterinary qualification
recognized by the Minister.
Regulation 3—Restriction on
Importation of Animals by Land.
(1) Any person who imports an
animal into the Gold Coast by land
otherwise than through Aflao,
Bole, Hameli, Kudani, Moganori,
Paga, Pusiga, Tumu or Vomkoro,
shall be guilty of an offence.
(2) The Minister may, by Order,
make additions to or deletions
from the places specified in
paragraph (1) of this regulation.
Regulation 4—Restriction on
Importation of Cattle by Land.
Any person who imports cattle into
the Gold Coast by land unless, at
the time of importation, he
produces to a veterinary inspector
a certificate issued by an
authority recognized by the
Minister by a notice published in
the Gazette showing to the
satisfaction of the veterinary
inspector that the exportation
from the foreign territory
concerned of such cattle is
authorised by such authority,
shall be guilty of an offence.
Regulation 5—Cattle May be
Removed.
Any veterinary inspector may seize
any cattle imported into the Gold
Coast in contravention of the
provisions of regulation 4 of
these Regulations and may, at his
discretion, remove the cattle from
the Gold Coast notwithstanding
that proceedings against the
person responsible for importing
the same have not been instituted.
Regulation 6—Routes for Imported
Cattle.
A
veterinary inspector may issue
directions regarding the routes to
be followed by cattle which are
allowed to be imported into the
Gold Coast.
Regulation 7—Animals Imported by
Sea and Air.
(1) Any person who imports an
animal into the Gold Coast by sea
otherwise than through the ports
of Accra or Takoradi or who
imports an animal into the Gold
Coast by air otherwise than
through the airports of Accra or
Takoradi, shall be guilty of an
offence.
(2) The Minister may, by Order,
make additions to or deletions
from the places specified in
paragraph (1) of this regulation.
Regulation 8—Examination of
Imported Animals.
(1) All animals imported into the
Gold Coast shall be subjected to
examination by a veterinary
inspector at the time of
importation and shall be detained
at a place appointed by him for
that purpose.
(2) Any person who moves an animal
from the place of detention before
the importer holds a certificate
signed by a veterinary inspector
certifying that the animal is free
from disease, shall be guilty of
an offence.
(3) A certificate under paragraph
(2) of this regulation shall be in
the form set out in the First
Schedule to these Regulations or
as near thereto as circumstances
permit.
Regulation 9—Disinfection of
Imported Animals.
A
veterinary inspector may cause any
animal imported into the Gold
Coast to be inoculated, dipped,
disinfected or otherwise treated
before a certificate for it to be
removed from the place of
detention is issued.
Regulation 10—Quarantine of
Imported Animals.
A
veterinary inspector may cause any
animal imported into the Gold
Coast to undergo a period of
quarantine if he considers it to
be necessary in order to prevent
the outbreak or spread of disease.
Regulation 11—Release of Examined
Animals.
If upon examination an imported
animal is found to be free from
disease it shall, upon payment of
the fee prescribed, be delivered
to the importer.
Regulation 12—Seizure and
Detention of Animals Unlawfully
Imported.
A
veterinary inspector may seize and
detain for the purposes of
examination any animal imported in
contravention of the provisions of
these Regulations.
Regulation 13—Control of
Importation of Animals other than
for Slaughter.
(1) The importation of all animals
other than for slaughter and
consumption, is prohibited except
in accordance with the following
conditions —
(a) all animals shall be
accompanied by a certificate of
health from a veterinary surgeon
in the country of origin and dated
within ten clear days of the date
of departure of the said animals;
(b) such certificate of health
shall state —
(i)
in respect of cattle, that they
have not been exposed to the
infection of tickborne disease,
have successfully passed the
tuberculin test (a copy of the
test chart to be attached to the
certificate) and, with the
exception of cattle imported from
any of the countries specified in
the Second Schedule to these
Regulations, that they have been
inoculated against rinderpest;
(ii) in respect of sheep and
goats, that they are from an area
free from disease and that they
have never been exposed to the
infection of tickborne disease;
(iii) in respect of horses, mules
and donkeys that they have
successfully passed the mallein
test, save that the Director of
Veterinary Services may grant an
exemption in the case of an animal
imported directly from the Ivory
Coast, Dahomey, Togoland under
French Trusteeship, the United
Kingdom or Nigeria, that the
animal has not passed through any
part of Africa in which horse
sickness is known to exist and
that the animal is free from
trypanosomiasis and epizootic
lymphangitis;
(iv) in respect of swine, that
since birth there has been no
swine fever or swine erysipelas in
the herd from which they have been
taken;
(v) in respect of poultry, that
the flock from which they are
taken is free from bacillary white
diarrhoea and shows no clinical
evidence of tuberculosis and is
situated in an area which at the
time of export of the poultry is
free from the disease known as
fowl paralysis;
(vi) in respect of dogs and cats,
that they are healthy and free
from infectious disease and that
they come from an area which has
been free from rabies for a period
of six months prior to the date
when they leave their country of
origin;
(c) notice of intended importation
of animals must be given to the
Director of Veterinary Services at
least four weeks before the
arrival of the animals in the Gold
Coast.
(2) Any person who fails to comply
with the conditions set out in
paragraph (1) of this regulation
shall be guilty of an offence.
Regulation 14—Importation of Dogs
Prohibited.
(1) The importation of any dog the
weight of which exceeds
twenty-five pounds or the weight
of which when fully grown will in
the opinion of a veterinary
inspector exceed twenty-five
pounds, is prohibited.
(2) Any person who contravenes the
provisions of paragraph (1) of
this regulation shall be guilty of
an offence and shall be liable on
conviction to a fine not exceeding
twenty pounds or to imprisonment
for a term not exceeding three
months or to both such fine and
imprisonment.
Regulation 15—Penalties.
(1) Any person who imports any
animal, the importation of which
is prohibited by an Order made by
the Minister under the provisions
of section 4 of the Ordinance
shall be guilty of an offence.
(2) Any person who refuses, or
omits or wilfully delays to comply
with any order or direction
lawfully issued or who without
lawful excuse wilfully hinders,
delays or obstructs any veterinary
inspector acting in the course of
his powers thereunder, shall be
guilty of an offence.
(3) A person shall on conviction
for an offence under the
provisions of these Regulations be
liable to a fine not exceeding one
hundred pounds or to imprisonment
for a term not exceeding one year,
or to both such fine and
imprisonment.
(4) Whenever any person shall have
been convicted of an offence as
aforesaid, the Court convicting
such person may, in addition to or
in lieu of imposing any other
punishment, order that the animal
in respect of which such offence
has been committed shall be
forfeited and may further order
that such animal be sold or
otherwise dealt with as the Court
thinks fit and, if sold, that the
proceeds of the sale shall, less
any expenses incurred in such
sale, be paid into the general
revenue of the Gold Coast.
Regulation 16—Director of
Veterinary Services May Authorise
Importation of Animals in Special
Circumstances.
Notwithstanding anything to the
contrary in these Regulations the
Director of Veterinary Services
may in special circumstances
authorise the importation of any
animal.
FIRST SCHEDULE
(Regulation 8)
THE ANIMALS (CONTROL OF
IMPORTATION) ORDINANCE CERTIFICATE
This is to certify that I have
this day examined
land
(1) imported by (2) sea into the
Gold Coast by
air
(3)
from
(4) and
found them to be free from
disease.
Dated this day
of , 19 .
Veterinary Inspector.
___________________
(2) Delete whichever does not
apply.
(3) Insert name of importer.
(4) Insert name of place from
which the animals have been
imported.
SECOND SCHEDULE
(Regulation 13)
Basutoland
Bechuanaland
Canada
Northern Rhodesia
Nyasaland
Portuguese East
Africa
Southern Rhodesia
Swaziland
Union of South
Africa
United States of
America
All countries in
Europe.
All countries in South
America.
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