Glanders and Farcy Act, 1879 [Repealed]
(Received the assent of the Governor General on the 14th November, 1879).
An Act to provide for the better prevention of Glanders and Farcy among Horses.
PREAMBLE
Whereas it is expedient to provide for the better prevention of glanders and farcy among horses;
It is hereby enacted as follows:
Section 1. Short title
This Act may he called The Glanders and Farcy Act, 1879 :
Local extent. It extends to the whole of British India, except the territories respectively administered by the Governor of Port St. George in Council, the Governor of Bombay in Council and the Lieutenant-Governor of Bengal;
Commencement. and it shall come into force at once.
Section 2. Interpretation-clause
In this Act, unless there is something repugnant in the subject or context,
horse : horse includes also ponies, asses, mules and jennets:
diseased : diseased means affected with glanders or farcy.
Section 3. Local Government may apply the Act
The Local Government may, by notification in the official Gazette, apply this Act, or any provision of this Act, to any local area, to be specified in such notification, within the territories administered by it, and may in like manner amend or cancel any such, notification.
Section 4. Local Government to appointment Inspectors
When this Act has been so applied to any local area, the Local Government may, by notification in the official Gazette, appoint either by name or by virtue of their office such persons as it thinks fit to be Inspectors under this Act and to exercise and perform, within the whole of such local area or such portions thereof as it may from time to time prescribe, the powers conferred and the duties imposed by this Act on such officers.
Every person so appointed may be suspended or dismissed by the Local Government which appointed him.
Every person so appointed shall be deemed a public servant within the meaning of the Indian Penal Code.
Section 5. Inspector's power to seize horse
Within the local limits for which he is so appointed, any such Inspector may seize any horse which he has reason to believe, from personal knowledge or from information given by any person and taken down in writing, is diseased.
Section 6. Power entry and search given to Inspectors
For the purpose of making such seizure, such Inspector may, subject to such rules as the Local Government may from time to time make in this behalf, enter and search any field, building or other place where he has reason to believe that any such horse is to be found.
Section 7. Horse to be examined by Veterinary Surgeon
On any such seizure, the Inspector shall cause the horse so seized to be examined as soon as possible by such Veterinary Surgeon as the Local Government may from time to time appoint in this behalf.
Section 8. Horse to be destroyed if found diseased; and otherwise restored
If such Surgeon certifies in writing that such horse is diseased, the Inspector shall cause the same to be immediately destroyed; but if such Surgeon does not so certify, the Inspector shall at once deliver the same to the person entitled to the possession thereof.
Section 9. When horse diseased, place whose it has been to be disinfected, &c.
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 such building, shed, place or lines, or 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 from time to time by rule prescribe, destroyed.
On the failure or neglect of such owner or other person to comply with such notice within a reasonable time, the Inspector shall cause such building, shed, place or lines to be disinfected, and such fittings or other things to be destroyed, and the expense (if any) thereby incurred may be recovered from such owner or other person as if it were a fine.
Section 10. Owner or person in charge of diseased horse to given notice
The owner or any person in charge of a diseased horse shall give immediate information of such horse being diseased to the Inspector or to some officer of Police.
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 or in contact with a diseased horse shall move 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 such license.
Section 12. Vexations entries, searches and seizures
Any Inspector who, without reasonable ground of suspicion, enters or searches any field, building or other place, or vexatiously and unnecessarily seizes or detains any horse on the pretence that it is diseased, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 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.
Section 13. Penalty for refusing to comply with notice under section 9; or moving horse contrary to section 11
Any person who refuses or neglects to comply with any notice issued by the Inspector under section nine, or who moves any horse in contravention of section eleven, shall be punished with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.
Section 14. Power to make rules
The Local Government may, from time to time, make rules, consistent with this Act,
(a) for regulating entries and searches by Inspectors under this Act;
(b) for regulating the destruction of horses certified under section eight to be diseased, and the disposal of the carcases of such horses;
(c) for regulating the disinfecting of buildings and places in which diseased horses have been, and for prescribing what things found therein or near thereto shall be destroyed;
(d) for regulating the grant of licenses under section eleven, and the conditions on which such licenses shall be granted; and
(e) generally for carrying out the purposes of this Act.
All such rules shall be published in the official Gazette, and shall thereupon have the force of law.
Any person breaking a rule made under this section shall be punished with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.
Section 15. Validation of destruction of diseased horse previous to passing of this Act
All diseased horses destroyed under the orders of the Governor General in Council or the Local Government in the districts of Rawalpindi and Peshawar previous to the passing of this Act shall be deemed to have been destroyed in accordance with law.