86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
DOURINE ACT, 1910\
5 of 1910
25th February, 1910
STATEMENT OF OBJECTS AND REASONS "The object of Bill is to prevent the spread of dourine, a contagious disease of horses which is spread by coition. The existence in India of this obscure disease was first brought to the notice of Government in 1903. As it was reported to constitute a serious menace to the horse-breeding industry in this country, precautionary measures were at once taken executively to check the spread of the disease, especially in the horse-breeding districts of Northern India. In the following year attention was again drawn to the importance of the subject and as a result of a report by the present Inspector-General of the Civil Veterinary Department, further executive action was taken. After consulting Local Governments it was eventually decided that, in order effectually to combat the disease, legislation was necessary. The Bill, which is self-explanatory, has been drawn up on the model of the Glanders and Farcy Act 13 of 1899. It is permissive in character and has been drafted so as to allow the widest discretion to Local Governments as regards the registration of stallions maintained for breeding purposes. Dourine cannot be diagnosed except by bacteriological examination, and sub-clause (8)(b) accordingly makes proof of the disease by microscopically examination a necessary preliminary to further action under that clause. It is considered advisable to enlist the co-operation of horse-owners as much as possible in dealing with this obscure and dangerous disease, and liberal provision has been made in clause 9 for the payment of compensation when necessary."- Gazette of India, 1909, Part V, p. 96.
An Act to provide for the prevention of the spread of Dourine. Whereas it is expedient to provide for the prevention of the spread of dourine; It is hereby enacted as follows :-This Act has been declared to be in force in the Khondmals District by the Khondamals Laws Regulation, 1936 (4 of 1936), S. 3 and Schedule; and in the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), S. 3 and Schedule. This regulation has now been repealed by Orissa Act 19 of 1967. Angul now forms a sub-division of Dhenkanal District of Orissa State. The Act has been extended to the States merged in the State of- Madhya Pradesh : M. P. Act 12 of 1950; Punjab : Punj. Act V of 1950. This Act is repealed in its application to the State of Orissa: see the Orissa Animal Contagious Diseases Act, 1949 (Orissa Act 8 of 1949), S. 42. This Act, as applicable to Bellary district and Bombay and Madras areas of the State of Mysore, has been repealed by Mysore Acts 14 of 1955 and 8 of 1961. The Act, as in force before the commencement of Maha. Act 34 of 1960 in the Bombay and Vidarbha areas of the State, has been extended to the whole State by the Glanders and Farcy and Dourine Acts (Extension) Act, 1960 (Maha. Act 34 of 1960). This Act has been applied to the Union Territory of Himachal Pradesh by the Himachal Pradesh (Application of Laws) Order, 1948 (25-12-1948). H. P. is a State now-See Act 53 of 1970. It has now been extended to the Union Territory of Goa, Daman and Diu by Regn. 11 of 1963 (w.e.f. 1-2-1965),(Goa is now a State - see Act 18 of 1987).
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Dourine Act, 1910.
(2) This section extends to the whole of India except2[the territories which immediately before the 1st November, 1956, were comprised in Part B States]; the rest of this Act extends only to such areas as the State Government may, by notification3in the Official Gazette, direct. State Amendments
SECTION 02: DEFINITIONS
(1) In this Act, the expression "inspector" and "veterinary practitioner" mean, respectively, the officers appointed as such under this Act, acting within the local limits for which they are so appointed.
(2) The provisions of this Act in so far as they relate to entire horses shall, if the4[State Government], by notification as aforesaid, so directs, apply also to entire assess used for mulebreeding purposes.
SECTION 03: REGISTRATION OF HORSES
- The5 [State Government] may, by notification as aforesaid, make such orders as it thinks fit directing and regulating the registration of entire horses maintained for breeding purposes. State Amendments SECTION 04: APPOINTMENT OF INSPECTORS AND VETERINARY PRACTITIONERS
(1) The6[State Government] may by notification as aforesaid, appoint any persons it thinks fit to be inspectors, and any qualified veterinary surgeons to be veterinary practitioners, under this Act, and to exercise and perform, within any area prescribed by the notification, the powers conferred and duties imposed by this Act upon such officers respectively.
(2) Every person so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code.
State Amendments
SECTION 05: POWERS OF INSPECTOR
- An inspector may, subject to such rules as the State Government may make in this behalf,-
(a) enter and search any building, field or other place for the purpose of ascertaining whether there is therein any horse which is affected with dourine;7[*]
(b) prohibit, by order in writing, the owner or keeper of any horse, which in his opinion is affected with dourine, from using such horse for breeding purposes, pending examination by the veterinary practitioner;
8[(c) direct, by order in writing, the owner or keeper of any horse which, in the opinion of the inspectors, is affected with dourine to remove it or permit it to be removed for the purpose of segregation to a place specified in the order, and such direction shall be sufficient authority for the detention of the horse in that place for that purpose.]
SECTION 06: DUTIES OF INSPECTOR
-An inspector issuing an order undersection 5-,9[* *] shall forthwith forward a copy of such order to the veterinary practitioner.
SECTION 07: INSPECTION OF HORSES
- A veterinary practitioner receiving a copy of an order forwarded undersection 6-shall, as soon as possible after receipt of such copy, examine the horse mentioned therein, and may for such purpose enter any building, field or other place.
SECTION 08: POWERS OF VETERINARY PRACTITIONER
- A veterinary practitioner may -
(a) cancel any order issued undersection 5-,10[* *]; or
(b) if on microscopical examination11 [or by other scientific test] he finds that any horse is affected with dourine,-
(i) in the case of an entire horse, cause it to be castrated,
12[(ii) in the case of a mare, with the previous sanction of such authority as the State Government may appoint in this behalf, or, if so empowered by the State Government, without such sanction, cause it to be destroyed.] This section has been brought into accord withsection 8-of the Glanders and Farcy Act, 1899. A rulemaking power to control the action taken under this section is inserted insection 14-- See S.C.R.
SECTION 09: COMPENSATION FOR HORSE DESTROYED, ETC
- When any horse is castrated or destroyed undersection 8-, the market value of such horse immediately before it became affected with dourine shall be ascertained; and the13[State Government] shall pay as compensation to the owner thereof-
(a) in the case of a mare which has been destroyed, or of an entire horse which has died in
consequence of castration, such market value, and,
(b) in the case of an entire horse which survives castration, half the amount by which such value has been diminished owing to infection with dourine and castration.
SECTION 10: SETTLEMENT OF COMPENSATION
(1) A veterinary practitioner may award, as compensation to be paid undersection 9-in respect of each horse castrated or destroyed undersection 8-, a sum not exceeding two hundred and fifty rupees.
(2) If, in the opinion of the veterinary practitioner, the amount which should be paid as such compensation exceeds two hundred and fifty rupees, he shall report accordingly to the Collector, who shall decide the amount to be so paid.
SECTION 11: COMMITTEES FOR HEARING APPEALS
(1) The14[State Government] shall, be rules published in the15[Official Gazette], make provision for the constitution of a committee or committees for the hearing of appeals from decisions undersection 10-.
(2) Such rules shall provide that not less than one member of any committee constituted thereunder shall be a person not in the16[service of the Government] or of a local authority.
SECTION 12: APPEALS
- Any owner may, within two months from the date of a decision undersection 10-, appeal against such decision to the committee constituted in that behalf by rules made undersection 11-, and the decision of such committee shall be final."We have altered the period allowed for appeal from three months to two. It is important that there shall be no undue delay in the presentation of appeals."-S.C.R.
SECTION 13: VEXATIOUS ENTRIES AND SEARCHES
- (1) Whoever, being an inspector appointed under this Act, vexatiously and unnecessarily enters or searches any field, building or other place, 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.
SECTION 14: RULES
(1) The17[State Government] may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power such rules as aforesaid may -
18[(a) regulate the exercise of the powers conferred on inspectors undersection 5-;]
(b) regulate the action to be taken by veterinary practitioners undersection 8-;19[*]19[ * * * * * * *]
(3) All such rules shall be published in the20[Official Gazette,] and, on such publication, shall have effect as if enacted in this Act.
(4) In making any rule under this section the State Government may direct that a breach of it shall be punishable with fine which may extend to fifty rupees.
State Amendments
SECTION 15: PENALTIES
- Whoever uses or permits to be used for breeding purposes-
(a) any horse which has not been registered in accordance with the requirements of a notification undersection 3-, or
21[(b) any horse in respect of which an order under clause (b) or clause (c) ofsection 5-is in force,] shall be punishable with fine which may amount, in the case of a first conviction, to fifty rupees, or, in the case of a second or subsequent conviction, to one hundred rupees.
SECTION 16: PROTECTION TO PERSONS ACTING UNDER ACT
- No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Act.
Footnotes:
2. Substituted for "Part B States" by 2 A. L. 0., 1956.
3. It has been so extended to Coorg., see Coorg Gazette, 1919, Pt. I, p. 118, to Bombay, see Bombay Gazette, 1919 Pt. I, p. 3001, to the Central Provinces, see Centra] Provinces Gazette, 1922, Pt. I, p. 1151.
4. Substituted for "Provincial Government" by A. L. O., 1950.
5. Substituted for the words "Provincial Government" by A. L. O., 1950.
6. Substituted for the words "Provincial Government" by A. L. O., 1950.
7. The word "and" was repealed by the Dourine (Amendment) Act (8 of 1920), S. 2.
8. Inserted, ibid.
9. The word and letter "clause (b)" were repealed by the Dourine (Amendment) Act (8 of 1920), S. 3
10. The word and letter "clause (b)" were repealed by the Dourine (Amendment) Act (8 of 1920), S. 4.
11. Inserted, ibid, S. 4.
12. Substituted for the original sub-clause, ibid, S. 4.
13. Substituted for the words "Provincial Government" by A. L. O., 1950.
14. Substituted for the words "Provincial Government" by A.L.O., 1950.
15. Substituted for the words "local official Gazette" by A. O., 1937.
16. Substituted for the words "service of the Crown" by A. L. O., 1950.
17. Substituted for the words "Provincial Government" by A. L. O., 1950.
18. Substituted for the original clause by the Dourine (Amendment) Act (8 of 1920), S. 5.
19. The word "and" at the end of clause (b) and the whole of clause (c) were repealed, ibid-
20. Substituted for the words "local official Gazette" by A. 0., 1937.
21. Substituted for the origianl clauses (b) and (c) by the Dourine (Amendment) Act (8 of 1920), S. 6
86540
103860
630
114
59824