Union of India - Act
The Glanders and Farcy Act, 1899
UNION OF INDIA
India
India
The Glanders and Farcy Act, 1899
Act 13 of 1899
- Published in Gazette of India on 20 March 1899
- Not commenced
- [This is the version of this document from 20 March 1899.]
- [Note: The original publication document is not available and this content could not be verified.]
An Act to consol idate and amend the law relat ing to Glanders and Farcy.WHEREAS it is expedient to consolidate and amend the law relating to glanders and farcy: It is hereby enacted as follows:-(1)This Act may be called the Glanders and Farcy Act, 1899. (2)It extends to the whole of India except [the territories which immediately before the 1st November, 1956, were comprised in Part B States] ; (1)In this Act, unless there is anything repugnant in the subject or context, "diseased" means affected with glanders or farcy or any other dangerous epidemic disease among horses which the State Government may, by notification in the Official Gazette, specify in this behalf. (2)The provisions of this Act relating to horses shall apply also to 6[camels], asses and mules. (1)The State Government may, by notification in the Official Gazette, apply this Act or any provision of this Act to any local area, to be specified in such notification, within the State. (2)In any such notification the State Government may further direct that the Act or any provision so applied shall apply in respect of-(a)all or any of the diseases mentioned or specified in a notification under section 2, sub-section (1), (b)all animals or any class of animals mentioned in section 2, sub-section (2). (1)When this Act has been so applied to a local area, the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors under this Act and to exercise and perform, within the whole of the local area or such portions thereof as it may prescribe, the powers c onferred and the duties imposed by this Act on such officers. (2)Every person so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (1)On any such seizure as aforesaid, the Inspector shall cause the horse seized to be examined as soon as possible by such Veterinary Practitioner as the State Government may appoint in this behalf: Provided that, when the Inspector is also a Veterinary Practitioner so appointed, he may make the examination himself. (2)For the purposes of the examination, the Veterinary Practitioner may submit the horse to any test or tests which the State Government may prescribe. (1)If the Veterinary Practitioner certifies in writing that the horse is diseased, the Inspector shall cause the same to be immediately destroyed: Provided that, in the case of any disease other than glanders or farcy, horses certified to be diseased as aforesaid may, subject to any rules which the State Government may make in this behalf, be either destroyed or otherwise treated or dealt with as the Veterinary Practitioner may deem necessary. (2)If, after completing the examination, the Veterinary Practitioner does not certify that the horse is diseased, the Inspector shall at once deliver the same to the person entitled to the possession thereof. (1)When any diseased horse has been in any building, shed or other enclosed place, or in any open lines, the Inspector may issue a notice to the owner of the building, shed, place or lines, or to the person in charge thereof, directing him to have the same disinfected and the internal fittings thereof, or such other things found therein or near thereto as the State Government may by rule prescribe, destroyed. (2)On the failure or neglect of such owner or other person as aforesaid to comply wi th the notice within a reasonable time, the Inspector shall cause the building, shed, place or lines to be disinfected and the fittings or other things to be destroyed, and the expense (if any) thereby incurred may be recovered from the owner or other pers on as if it were a fine. (1)Whoever, being an Inspector appointed under this Act, vexatiously and unnecessarily enters or searches any field, building or other place, or seizes or detains any horse on the pretence that it is diseased, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. (2)No prosecution under this section shall be instituted after the expiry of three months from the date on which the offence has been committed. (1)The State Government may make rules to carry out the purposes and objects of this Act. (2)In particular and without prejudice to the generality of the foregoing power, such rules as aforesaid may-(a)regulate entries, searches and seizures by Inspectors under this Act; (b)regulate the use of tests and the isolation of horses subjected thereto, and provide for recovering the expense of detaining, isolating and testing horses from the owners or persons in charge thereof as if it were a fine; (c)regulate the destruction or treatment, as the case may be, of horses certified under section 8 to be diseased, and the disposal of the carcasses of diseased horses; (d)regulate the disinfecting of buildings and places in which diseased horses have been, and prescribe what things found therein or near thereto shall be destroyed; and (e)regulate the grant of licenses under section 11 and the conditions on which those licenses shall be granted. (3)All rules under this section shall be published in the Official Gazette, and, on such publication, shall have effect as if enacted by this Act. (4)In making any rule under this section, the State Government may direct that a breach of it shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.