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An Act to provide for the prevention of the spread of Dourine.
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Short title and extent
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The definitions
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This section extends to the whole of British India: rest of this Act extends only to such areas as the Local Government may, by notification in the local official Gazette, direct.
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In this Act, the expressions "inspector" and "veterinary particular" mean, respectively, the officers appointed as such under this Act, acting within the local limits for which they are so appointed.
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The provision of this Act in so far as they relate to entire horses shall, if the Local Government, by notification as aforesaid, so directs, apply also to entire asses used for mule-breeding purposes.
- Registration of horses
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The Local 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.
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Appointment of Inspectors and Veterinary Practitioners
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The Local Government may, by notification as aforesaid, appointment 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.
- ALVA of 1860
- Every person so appointed shall be deemed to be public servant within the meaning of the Indian Penal Code.
- Powers of Inspectors
- An inspector may, subject to such rules as the Local Government may make in this behalf,-
- 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; and
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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, (see Amendment Act, 1920).
- Duties of Inspectors
- Inspection of horses
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A veterinary practitioner receiving a copy of an order forwarded under section 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.
- Powers of Veterinary Practitioner
- A Veterinary Practitioner may cancel any order issued under section 5, clause, (b); or if on microscopical examination he finds that any horse is affected with dourine,
- in the case of an entire horse, cause it to be castrated,
- in the case of a mare, cause it to be branded in such manner as he may direct, or with the previous sanction of the Commissioner or such other officer as the Local Government may appoint in this behalf, cause it to be destroyed.
- Compensation for horse destroyed, etc.
- When any horse is castrated or destroyed under section 8, the market-value of such horse immediately before it became affected with dourine shall be ascertained; and the Local Government shall pay as compensation to the owner thereof-
- 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,
- 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.
- Settlement of compensation
- A veterinary practitioner may award, as compensation to be paid under section 9 in respect of each horse castrated or destroyed under section 8, a sum not exceeding two hundred and fifty rupees.
- 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.
- Committee for hearing appeals
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The Local Government shall, by rules published in the local official Gazette, make provision for the constitution of a committee or committees for the hearing of appeals from decisions under section 10.
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Such rules shall provide that not less than one member of any committee constituted there under shall be a person not in the employ of Government or of a local authority.
- Appeals
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Any owner may, within two months from the date of a decision under section 10, appeal against such decision to the committee constituted in that behalf by rules made under section 11, and the decision of such committee shall be final.
- Vexatious entries and searches
- Rules
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The Local Government may make rules for the purpose of carrying into effect the provisions of this Act.
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In particular, and without prejudice to the generality of Rules the foregoing power, such rules as aforesaid may.-
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All such rules shall be published in the local official Gazette, and, on such publication, shall have effect as if enacted in this Act.
- In making any rule under this section the Local Government may direct that a breach of it shall be punishable with fine which may extend to fifty rupees.
- Penalties
- Whoever uses or permits to be used for breeding purposes
- any horse which has not been registered in accordance with the requirements of a notification under section 3. or
- any horse in respect of which an order under section 5, clause (b) is in force, or
- any mare which has been branded in pursuance of section 8, clause (b)
- 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.
- Protection to person 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.
- II.ACT No. VIII of 1920 AMENDING THE ABOVE ACT.
- (PASSED BY THE INDIAN LEGISLATIVE COUNCIL)
- (Received the assent of the Governor-General on the 4th March, 1920.)
- An Act to amend the Dourine Act, 1910.
- (Short title.)
- V of 1920. Whereas it is expedient to amend the Dourine Act, 1910; It is hereby enacted as follows:-
- (Amendment of section 5, Act V of 1910.)
- This Act may be called the Dourine (Amendment) Act, 1920.
- V of 1920.
- In section 5 of the Dourine Act, 1910 (hereinafter referred to as the said Act),
- the word "and" at the end of clause (a) shall be omitted; and
- after clause (b) the following clause shall be added, namely :-
- "(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."
- (Amendment of section 6, Act V of 1910.)
- In section 6 of the said Act the word and letter "clause (b)" shall be omitted. (Amendment of section 8, Act V of 1910.)
- In section 8 of the said Act
- in clause (a) the word and letter "clause (b)" shall be omitted; and
- in clause (b)
- after the words "on microscopical examination" the words "or by other scientific test" shall be inserted;
- for sub-clause (ii) the following shall be substituted namely :-
- "(ii) in the case of mare, with the previous sanction of such authority as the Local Government may appoint in this behalf, or, if so empowered by the local Government, without such sanction, cause it to be destroyed."
- In sub-section (2) of section 14 of the said Act - (Amendment of section 14, Act V of 1910.)
- for clause (a) the following shall be substituted, namely :-
- "(a) regulate the exercise of the powers conferred on Inspectors under section 5" ; and the word "and" at the end of clause
- (b) and the whole of clause
- (c) shall be omitted. (Amendment of section 15, Act V of 1910.)
- For clause (b) and (c) of section 15 of the said Act, the following shall be substituted, namely:-
- "(b) any horse in respect of which an order under clause (b) or clause (c) of section 5 is in force."
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