Tamil nadu act 002 of 1866 : Tamil Nadu Cattle-Disease Act, 1866

Preamble

1(Tamil Nadu) Cattle-Disease Act, 1866*

1[Tamil Nadu Act No. 2 of 1866]2[17th April, 1866]

An Act for the prevention of the spread of disease among cattle in the 3[State of Tamil Nadu]

Whereas it is expedient to take measures to prevent the spreading of contagious or infectious diseases among animals in the 4[State of Tamil Nadu], and, with that object, to prescribe by law in what way animals so infected shall be dealt with; It is hereby enacted as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1909, which came into force on the 14th January, 1969.

2 Short title, "The Madras Cattle-disease Act, 1866" was given by the Repealing and Amending Act, 1901 (Central Act XI of 1901).

Madras Act I of 1879 had to be read with this Act. Madras Act I of 1879 has since been repealed by the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957).

This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the corresponding law in that territory.

The provisions of this Act have been made inapplicable to the disease of rinderpest in any area to which the provisions of the Tamil Nadu Rinderpest Act, 1940 (Tamil Nadu Act XIX of 1940), have been applied by notification under section 1(3) of that Act and so long as such notification remains in force-see section 2 of Tamil Nadu Act XIX of 1940.

3 This expression was substituted for the expression "Madras Presidency" by, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

4 This expression was substituted for the expression "Presidency of Madras" by ibid.

* Received the assent of the Governor on the 16th March, 1866, and of the Governor-General on the 17th April, 1866

Section 1. Act to be extended to such places, and during such period of time State Government think proper

1. Act to be extended to such places, and during such period of time State Government think proper.- This Act shall be put in force in such districts, or parts of district and during such periods of time, as the 1[State Government] 2[or subject to 3[their] control the Board of Revenue] may, from time to time, direct by notification in the 4[Official Gazette].

1 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

2 These words were inserted by the Tamil Nadu Decentralization Act, 1914 (Tamil Nadu Act VIII of 1914).

3 This word was substituted for the word "his" by the Adaptation Order of 1937.

4 These words were substituted for the words "Fort. St. George Gazette" by ibid.

Section 2. Interpretation clause

2. Interpretation clause.- The following words and expressions in this Act shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant to such construction:-

"Magistrate".- the words "Magistrate" shall include all persons exercising all or any of the powers of a Magistrate;

Number.- words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number;

Gender.- words importing the masculine gender shall include the feminine;

"Animal".- 5[the, word "animal" shall mean any camel buffalo, horse, pony, ass, bull, bullock, cow, heifer, calf, sheep, lamb, goat, kid, swine or dog].

5 This definition was substituted for the original definition by the Tamil Nadu Cattle-disease (Amendment) Act, 1963 (Tamil Nadu Act 29 of 1963).

Section 3. Establishment of hospital-pounds

3. Establishment of hospital-pounds.- Whenever this Act shall have been applied, as above provided, to any district, or part of a district, hospital-pounds shall be established in such places as the Magistrate of the district, 6[or, in the City of Madras] 7[the Commissioner of the Corporation] shall determine, and keepers shall be appointed to such pounds by the said Magistrate 8[or Commissioner, as the case may be].

The village or villages by which every hospital-pound is to be used shall be determined and notified by the Magistrate.

6 These words were inserted by Madras Act I of 1879, s. 1.

7 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of the Madras Cattle-disease (Amendment) Act, 1921 (Madras Act III of 1921).

8 These words were added by section 3(1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1901 (Tamil Nadu Act XIV of 1951).

Section 4. Notice by owner of cattle attacked by disease

4. Notice by owner of cattle attacked by disease.- Whenever, in any district or part of a district to which this Act has been extended as above provided, any animal is attacked by any contagious or infectious disease, it shall be the duty of the owner, or of the person in charge thereof, to give immediate notice to the keeper of the hospital-pound provided for the village or township in which the animal may at the time be.

Section 5. Examination by pound-keeper

5. Examination by pound-keeper.- On receiving notice as aforesaid, the keeper of the hospital-pound shall, as soon as possible, examine the animal and shall decide whether it is necessary to place it in the hospital-pound for treatment.

Section 6. Removal to the hospital-pound

1[6. Removal to the hospital-pound.- If the keeper of a hospital-pound should be opinion that the animal has any contagious or infectious disease, he may thereupon require the owner of the animal or the person in charge thereof to place it in the hospital-pound].

1 Section 6 was substituted by section 2 of the Madras Cattle disease (Amendment) Act, 1921 (M.A. III of 1021).

Section 7. Inspection of places in which animal, suspected to be diseased are found

7. Inspection of places in which animal, suspected to be diseased are found.- Every keeper of a hospital-pound, or person thereto authorized by the Magistrate of the district, 2[or, in the City of Madras,] 3[the Commissioner of the Corporation], shall have power, within the range for which he is appointed, to enter upon and inspect any premises or place in which any animal or animals, which he suspects to be labouring under any contagious or infectious disease, may be found, and to examine and inspect whenever or wherever he may deem it necessary, any animal or animals which he suspects to be labouring under such disease, and to require the removal of such animal or animals to the hospital-pound for the, range.

2 These words were inserted by Madras Act I of 1879, s. 1.

3 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of the Madras Cattle-disease (Amendment) Act, 1921 (Madras Act III of 1921).

Section 8. Cleansing of premises in which diseased animal has been or is and Disinfection of fodder, etc.

8. Cleansing of premises in which diseased animal has been or is and Disinfection of fodder, etc.- Every keeper of hospital-pound, or person thereto authorized by the Magistrate of the district, 2[or, in the City of Madras,] 3[the Commissioner of the Corporation,] shall here power, within his range, to cause to be cleansed and disinfected, in any manner which he may think proper, any premises in which any animal labouring under any contagious or infectious disease has been or may be, and to cause to be disinfected, and, if necessary destroyed, any fodder, manure or refuse-matter which he may deem likely to propagate the said disease.

2 These words were inserted by Madras Act I of 1879, s. 1.

3 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of the Madras Cattle-disease (Amendment) Act, 1921 (Madras Act III of 1921).

Section 9. Expenses for food and treatment by whom to be borne

9. Expenses for food and treatment by whom to be borne.- From the time when any animal affected as aforesaid is taken charge of by the keeper of the hospital-pound, all expenses incurred on account of feeding and medical treatment for the said animal shall be borne by the cattle-pound fund established under Act III of 18571 unless the owner, or person in charge thereof, desires to supply the food and medicines himself: Provided always that such food and medicines shall be such as the keeper of the hospital-pound may approve or direct.

1 The references to this Act should be read as if made to the Cattle-trespass Act, 1871 (Central Act I of 1871), vide s. 2 of the latter Act.

Section 10. Power to destroy diseased animals

10. Power to destroy diseased animals.- The keeper of the hospital-pound, or other person thereto authorized by the Magistrate of the district, 2[or, in the City of Madras,] 3[the Commissioner of the Corporation,] shall be empowered to destroy any animal either before or after it has been impounded as aforesaid, whenever it shall appear to him to be necessary to prevent the spread of contagion or infection.

Burial of carcass.- When any animal shall have been so destroyed, or shall the whilst in charge of the keeper of the hospital-pound, it shall be the duty of the said keeper to have the carcass of the said animal buried at least six feet below the surface of the ground, and any cost incurred in so doing shall be met from the cattle-pound fund.

Bar of claim to compensation.- No compensation shall be claimable in respect of any loss incurred by reason of any act authorized by this section.

2 These words were inserted by Madras Act I of 1879, s. 1.

3 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of the Madras Cattle-disease Amendment) Act, 1921 (Madras Act III of 1921).

Section 11. Owner to pay costs for animal cured

11. Owner to pay costs for animal cured.- Should an animal impounded as aforesaid recover from the disease under which it may have been labouring, the owner or person who was in charge thereof shall pay to the keeper of the hospital-pound, to be placed to the credit of the cattle-pound fund, the actual cost of the feeding and treatment of such animal.

Recovery in case of default.- Should he fail to pay the expenses aforesaid, then the said animal shall be sold by auction, and the sum realized by its sale, after deducting the amount of the expenses, shall be paid over to the owner, or the person who was in charge:

Owner when not chargeable.- Provided always that, in such cases as the owner or person who was in charge may elect to supply food and medicine, he shall not be required to pay any charges whatever.

Section 12. Bar to removal, without licence, of animal in contact with diseased cattle

12. Bar to removal, without licence, of animal in contact with diseased cattle.- No person having in his possession, or under bit custody, any animal which has been in the same shed or stable, or in the same herd or flock, or in contact, with any animal labouring under any contagious or infectious disease, shall remove such animal alive from his land or premises without the licence of the keeper of the hospital-pound for the range, or of some person authorized by the Magistrate of the district, 1[or, in the City of Madras,] 2[the Commissioner of the Corporation,] to grant such licence.

Licenses.- Every such licence shall be in writing, and shall only permit the removal of such animal to some place where it can be conveniently kept apart from all other animals, until the hospital pound-keeper or other person authorized as aforesaid, is satisfied that there is no reasonable probability of such animal propagating the disease.

1 These words were inserted by Madras Act I of 1878, s. 1.

2 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of Madras Act III of 1991.

Section 13. Penalty few failing to give notice when animal is attacked by disease

13. Penalty few failing to give notice when animal is attacked by disease.- If any person who may be in charge of any animal at the time of its being attacked by a contagious or infectious disorder shall fail to give notice to the hospital pound-keeper of the village, as required in section 4, the said person shall be liable, on conviction before a Magistrate, to a fine not exceeding rupees five for every instance of such neglect, commutable, if not paid, to simple imprisonment for any period not exceeding ten days.

Section 14. Penalty for refusing to obey directions of cattle pound-keeper, etc.

14. Penalty for refusing to obey directions of cattle pound-keeper, etc.- Any person who shall fail to comply with the directions of a hospital pound-keeper, or of a person duly authorized by the Magistrate of the district, 1[or, in the City of Madras,] 2[the Commissioner of the Corporation,] in that behalf, as to the impounding any diseased animal; or to the disinfecting any premises or place where any diseased animal may have been kept; or to the disinfecting or destroying any fodder, manure and refuse-matter which may be likely to propagate the disease; or who may remove, without a licence, any animal which has been in the same shed or stable, or in the same herd or flock, or in contact with any animal labouring under any contagious or infectious disease, shall, on conviction before a Magistrate, be liable, for every such offence, to a fine of twenty rupees, commutable, if not paid, to simple imprisonment for any period not exceeding ten days.

1 These words were inserted by Madras Act I of 1879, s. 1.

2 These words were substituted for the words "the President of the Municipal Commission" by s. 3 of the Madras Cattle, disease (Amendment) Act, 1921 (Madras Act III of 1921).

Section 15. Penalty for opposing seizure and impounding of diseased animals

3[15. Penalty for opposing seizure and impounding of diseased animals.- In any district or part of a district in which this Act is in force, hospital pound-keepers, all police officers not below the rank of a sub-inspector and such other persons as the Magistrate of the district, or, in the City of Madras, the Commissioner of the Corporation, may specially empower, may seize and impound all animals suffering from contagious or infectious disease, and any person who shall forcibly oppose such seizure, or who shall forcibly rescue the animals after such seizure, shall be deemed to have committed an offence punishable under section 186 of the Indian Penal Code (Central Act XLV of 1860)].

3 Section 15 was substituted for the original section by s. 2, ibid.

Section 16. Complaint of seizure by owner

16. Complaint of seizure by owner.- Any person whose animals shall have been seized as being diseased may prefer a complaint against the seizure, at any time within ten days from the date thereof, to any Magistrate.

Form of Complaint.- The complaint may be either verbal, in which case the substance of it shall be taken down in writing by the Magistrate, or written upon plain paper, and shall be preferred by the complainant in person, or by an agent personally acquainted with the circumstances.

Procedure ???.- If, on examination of the complainant or his agent, the Magistrate shall see reason to believe the complaint to be well founded, he shall summon the party complained against, and shall proceed to make a summary inquiry into the case.

If the seizure be adjudged illegal, the Magistrate shall award to the complainant such damages as he may deem to be a reasonable compensation for any loss or injury sustained from the unlawful seizure, together with all expenses incurred by the complainant in procuring the release of the animals; or, if the animals have not been released, the Magistrate, in addition to the award of damages, shall make an order for their release, and shall direct that the expenses leviable under this Act shall be paid by the party who made the seizure.

The amount of all damages and expenses so awarded shall be recoverable according to the process prescribed in Act No. V of 1865 1(Tamil Nadu)* for the recovery of forfeitures or penalties imposed under the authority of Act XXIV of 1859.**

1 these words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

* The Tamil Nadu Distrust Police (Amendment) Act, 1565.

** The Tamil Nadu District Police Act, 1859.

Section 17. Fees and fines to be credited to the revenues of the State

17. Fees and fines to be credited to the revenues of the State.- All fines levied under this Act shall be credited to 2[the revenues of the State]

Provided that it shall be lawful for the officer inflicting a fine under this Act to direct any portion thereof, not exceeding one-half, to be paid to the informer.

2 The words "the revenues of the Province" were substituted for the words "the cattle-pound fund established under the provisions of Act III of 1857, which fund shall be available for payment of all expenses incurred under the provisions of this Act by the Adaptation Order of 1937 and the word "State" was substituted for "Province" by the Adaptation Order of 1950. Now the consolidated fund of the State.

Section 18. Power to make by-laws

18. Power to make by-laws.- It shall be lawful for the 1[State Government] by notice published in the 2[Official Gazette] to make and prescribe such by-laws as may from time to time seem necessary for the more effectually preventing the spreading of infectious or contagious diseases among animals; provided that such by-laws shall not be repugnant to the provisions of this or any other Act.

Penalty for breach.- A breach of any such by-laws shall render the party liable on conviction before a Magistrate, to a fine not exceeding rupees ten, commutable to simple imprisonment for fifteen days.

1 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

2 These words were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1937.

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