Glanders and Farcy Act 1899 (13 of 1899).

THE GLANDERS AND FARCY ACT - 1899

  • 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
  • Short title extent and commencement
    • This Act may be called the Glanders and Farcy Act 1899
    • It extends to the whole of British India.
  • Definition of “diseased”
    • In this act unless there is anything repugnant in the Farcy or any other dangerous epidemic disease among horses, which the Governor General in Council may by notification in the Gazette of India, specify in this behalf, either generally or in respect of any local area.
    • The provisions in this Act relating to horses shall apply also to Asses and mules.
  • Application of Act to local areas by local Government
    • The local Government may, by notification in the local official Gazette apply this Act or any provision of this Act, so far as all or any of the diseases mentioned in or specified in a notification under section 2. sub section 1, are concerned to any local area to be specified in such notification within the Province.
  • Local Government to appoint the Inspects
    • When this Act has been so applied to a local area, the local Government may by notification in the local 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, of such portions thereof as it may prescribe the powers conferred and the duties imposed by this Act on such officers.
    • X.L.V of 1860
      • Every person so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code.
  • 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 the Local 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.
  • Power of seizure
    • Within such limits as aforesaid, the Inspector may seize Power of any horse, which he has reason, to believe to be diseased.
  • Horse to by examined by Veterinary Practitioner
    • 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.
    • For the purposes of the examination, the Veterinary Practitioner may submit the horse to any test or tests which the Local Government may prescribe.
  • Horse to be destroyed if found diseased: otherwise restored
    • 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 Government may make in this behalf, be either destroyed or otherwise treated or dealt with as the Veterinary Practitioner may deem necessary.
    • 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.
  • When horse diseased, place where it has been to be disinfected etc.
    • 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 Local Government may by rule prescribe, destroyed.
    • 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 billing, 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.
  • 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 the Local Government may appoint in this behalf.
  • 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 filed, 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.
  • Vexatious entries, searches and seizures.
    • Whoever, being an Inspector appointed under this Act, vexatious and unnecessarily enters or searches any filed 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 rupees, or with both.
    • No prosecution under this section shall be instituted after the expiry of three months from the date on which the offence has been committed.
  • 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.
    • The Local Government may make rules to carry out the purposes and objects of this Act.
    • In particular and without prejudice to the generality of the foregoing power such rules as aforesaid may -
      • regulate entries, searches and seizures by Inspectors under this Act ;
      • 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;
      • 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 horse;
      • 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
      • regulate the grant of licenses under section 11 and the conditions on which those licenses shall be granted.
    • All rules under this section shall be published in the local official Gazette and, on such publication, shall have effect as if enacted by this Act.
    • In making any rule under this section, the Local Government may direct that a breach of it shall be punishable with imprisonment for a term which may extent to one month or with fine which may extent to fifty rupees, or with both.
  • Appointment of same 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 there under.
  • 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.
Last modified: Tuesday, 5 June 2012, 9:31 AM