Bare Acts

ARRANGEMENT OF SECTIONS


1. Short title, extent and commencement: -
(1) This Act may be called the Glanders and Farcy Act. 1899.
(2) It extends to the whole of India: and
(3) It shall come into force at once.
2. Definition of "Disease
(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 Governor-General in Council may by notification in the Gazettes of India, specify in
this behalf" either generally or in respect of any local area".
(2) The provisions of this Act relating to horses shall apply also to Assess and Mules.
(3) Application of Act to local areas by Local Government: -
The Local Government may by notification in the local official Gazetee, apply this Act or
any provision of this Act, to any local area, to be specified in such notification, within the
province.
(4) Local Government to appoint Inspectors:-
When this Act has been so applied to a local area the Local Government may by notification in
the local official gazettee, 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 portion thereof as it
may prescribe, the powers conferred and the duties imposed by this Act on such officers.
(5) Powers of entry and search: -
Within the local limits for which he is so appointed any such inspector as aforesaid may,
subject to such rule as the local Government may make in the behalf, enter any search any
field, building, or other place for the purpose of ertaining whether there is therein any horse
which is diseased.
(6) Power of Seizure:-
Within such limits as aforesaid, the Inspector may seize any horse which he has reason
to believe to be disease.
(7) Horse to be examined by Veterinary Practitioner: -
(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 Local 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 purpose of the examination the Veterinary Practitioner may submit the horse to
any test or tests which local Government may prescribe.
(8) 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 the Local
Govt. may make in this behalf be either destroyed, or otherwise treated or dealt with as the
Vety. Practitioner may deem necessary.
(2) If, after completing the examination, the Vety. 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.
(9) When horse is diseased, place where it has been to be disinfected etc.
(1) When any diseased horse has been in any building, shed or other closed 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 therin or near thereto as the Local Govt. may be rule
prescribe, destroyed.
(2) On the failure of 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.
(10) Owner or person incharge 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 the Local Govt. may appoint in this
behalf.
(11) Prohibition against removal without licence 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 contract 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 licence.
(12) Vexatious entries, searches and seizures :-
(1) Wherever, 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 (6) months or a five which may extent of 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 this has been committed.
(13) Penalty for refusing to comply with notice under section 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.
(14) Power to make rules: -
(1) The local 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.
(a) Regulates entries, searches and seizures by inspector 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
incharge thereof as if it were a fine.
(c) Regulates the destruction or treatment as the case may be of horses certified under
section-8 to be diseased and the disposal of the carcase of diseased horses.
(d) Regulate the disinfecting of buildings and places in which diseased horses have been
and prescribe what things foul)d 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 punished in the Local official gazette, and on such
publication shall have effect as if enacted this Act.
(4) In making any rule under this section the Local Government may direct that 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.
(15) Appointment of some person to be both Inspector and Veterinary Practitioner.
Any Veterinary Practitioner may be appointed by the Local Government to be both
Inspector and Veterinary Practitioner for all or any of the purposes of this Act or of any rule
thereunder.
(16) Protection to persons acting under Act.
No suit, prosecution or other legal proceeding shall be against any per¬son for anything
which is in good faith done or intended to be done under this Act. 

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