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GLANDERS AND FARCY ACT, 1899
13 of 1899
20th March, 1899
STATEMENT OF OBJECTS AND REASONS "Sections 5 and 6 of the Glanders and Farcy Act, 1879 (20 of 1879), as interpreted by the Courts, merely empower an Inspector appointed under that Act to enter and search, with a view to seizure, any building or place in which, from personal knowledge or information taken down in writing, he has reason to believe that there is a horse effected with Glanders or Farcy. They, give such an officer no power to visit places, such as livery stables, for the purpose of ascertaining whether there therein any animal which is so diseased and ought, in the public interests, to be seized and destroyed. The main object of the legislation now proposed-see clauses 5 and 6 of the Bill-is to remove this defect in the law. The expediency of making the Act capable of application, like the Bengal Contagious Diseases (Animals) Act, 1880 (Bengal Act 8 of 1880), to diseases among horses, other than Glanders or Farcy, has at the same time been brought to the notice of the Government of India, and a wider meaning has. in consequence, been given to the word "disease" by clause 2(1) of the Bill. These changes involve certain other ancillary amendments in the Act of 1879. Thus,Section 8is imperative as to the immediate destruction of a horse affected with Glanders or Farcy; but this is not necessary in the case of, say, anthrax, to which the law may hereafter be extended, and clause 8 of the Bill has, therefore, been drawn in a modified form. Again, Section 12must cease to penalize entry or search without reasonable ground of suspicion, and the corresponding clause now proposed has been altered accordingly. Finally, the Act has already been more or less substantially amended by Acts 12 of 1891 and 15 of 1896 and in these circumstances, it has been deemed desirable to repeal the whole and to re-enact it with the necessary alterations. The measure has thus taken the form of a Bill to consolidate and amend the law relating to Glanders and Farcy."-Gazette of India, 1898, Part V, page 353.
An Act to consolidate and amend the law relating 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 :- For report of the Select Committee, see Gaz. of Ind., 1898, Pt. V, p. 51. This Act has been extended to the States merged in the State of- Bombay, see Bom. Act 4 of 1950; Madhya Pradesh, see M. P. Act 12 of 1950; Madras, see Mad. Acts 35 of 1949; 22 of 1957; Orissa, see Orissa Act 4 of 1950; Punjab, see Punj. Act 5 of 1950. The Act has been repealed in Orissa, by Orissa Animal Contagious Diseases Act, 1949 (8 of 1949), Section 42 and in parts of Mysore State by Mysore Acts, 14 of 1955 and 18 of 1961. The Act has been extended to whole of Maharashtra by Maha. Act 34 of 1960 and to the Union territory ofGoa, Daman and Diu by Regn. 11 of 1963.
SECTION 01: SHORT TITLE AND EXTENT
State Amendments
SECTION 02: DEFINITION OF "DISEASED"
(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 the4[State Government] may, by notification5in the6[Official Gazette], specify in this behalf7[* * *].
(2) The provisions of this Act relating lo horses shall apply also to8[camels], asses and mules.
SECTION 03: APPLICATION OF ACT TO LOCAL AREAS BY STATE GOVERNMENT
State Amendments
SECTION 04: STATE GOVERNMENT TO APPOINT INSPECTORS
State Amendments
SECTION 05: POWER OF ENTRY AND SEARCH
Within the local limits for which he is so appointed, any such Inspector as aforesaid may, subject to such rules as the13[State Government] may make in this behalf, enter and search any field, building or other place for the purpose of ascertaining whether there is therein any horse which is diseased.
SECTION 06: POWER OF SEIZURE
Within such limits as aforesaid, the Inspector may seize any horse which he has reason to believe to be diseased.
SECTION 07: HORSE TO BE EXAMINED BY VETERINARY PRACTITIONER
"It has been suggested that the law should recognise the malle in test for glanders as being the most reliable at present known; but new and improved tests may be discovered hereafter, and it seems to us inadvisable that the Act itself should lay down any particular one. we have however amplified Cl. 7 of the Bill in order to admit of the J application of such tests as the Local Government may from time to time prescribe, and we have at the same time made an addition to the rule-making clause (14) so as expressly to take power for the Local Government to regulate the use of tests and the isolation of horses while subjected to them, and to provide for recovering the expenses incidental to any necessary detention from the owners or persons in charge of the horses tested." -
SECTION 08: HORSE TO BE DESTROYED IF FOUND DISEASED OTHERWISE RESTORED
(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 the15[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.
SECTION 09: WHEN HORSE DISEASED, PLACE.WHERE IT HAS BEEN TO BE DISINFECTED, ETC
(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 the16[State Government] may by rule prescribe, destroyed.
(2) On the failure or neglect of such owner or other person as aforesaid to comply with 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 person as if it were a fine.
SECTION 10: OWNER OR PERSON IN CHARGE OF DISEASED HORSE TO GIVE NOTICE
The owner or any person in charge of a diseased horse shall give immediate information of the horse being diseased to the Inspector or to such authority as the17[State Government] may appoint in this behalf. State Amendments
SECTION 11: PROHIBITION AGAINST REMOVAL, WITHOUT LICENSE, OF HORSE WHICH HAS BEEN WITH DISEASED HORSE
No person in charge of any horse which has been in the same field, building or place as, or in contact with, a diseased horse, shall remove such horse except in good faith for the purpose of preventing infection, or under a license to be granted by the Inspector and subject to the conditions of the license.
SECTION 12: VEXATIOUS ENTRIES, SEARCHES AND SEIZURES
(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.
SECTION 13: PENALTY FOR REFUSING TO COMPLY WITH NOTICE UNDER SECTION'9, OR FOR REMOVING HORSE CONTRARY TO SECTION 11
Whoever refuses or neglects to comply with any notice issued by the Inspector under section 9-, or removes any horse in contravention of section 11-, 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. State Amendments
SECTION 14: POWER TO MAKE RULES
State Amendments State Amendments
SECTION 15: APPOINTMENT OF SAME PERSON TO BE BOTH INSPECTOR AND VETERINARY PRACTITIONER
Any Veterinary Practitioner may be appointed by the20[State Government] to be both Inspector and Veterinary Practitioner for all or any of the purposes of this Act or of any rule thereunder. State Amendments
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.
SECTION 17: REPEAL
[Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.]
SCHEDULE 1 ENACTMENTS REPEALED
.] [Repealed by the Repealing and Amending Act, 1914 (X of 1914),section 3-and Schedule II.]
Footnotes:
4. Substituted for "Provincial Government" by A.L.O., 1950.
5. For notifications under this sub-section as amended by Act 11 of 1901, as regards Nainital, Dehra Dun and Saharanpur Districts, see Gazette of India, 1902, Pt. I, p. 30; as regards Bombay City and Poona Cantonment, see Gazette of India, 1904, Pt. I, p. 948, and as regards certain other local areas, see Gazette of India, 1906, Pt. I, p. 205; see also different Local Rules and Orders.
6. Substituted for "Local Official Gazette" by A.O., 1937.
7. Certain words were omitted by the Repealing Act, 1927 (12 of 1927).
8. Inserted by the Glanders and Farcy (Amendment) Act, 1920 (9 of 1920), S. 2.
13. Substituted for "Provincial Government" by A. L. 0., 1950.
15. Substituted for "Provincial Government" by A. L. 0., 1950.
16. Substituted for "Provincial Government" by A. L. 0., 1950.
17. Substituted for "Provincial Government" by A. L. O., 1950.
20. Substituted for "Provincial Government" by A. L. O., 1950
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