The Tamil Nadu Cattledisease Act, 1866 Complete Act - Bare Act

THE TAMIL NADU CATTLE-DISEASE ACT,

Tamil Nadu Act No.

(Received the assent of the Government the 16th

March

1866,

and of the Governor-General on the 17th April 1866)

An Act for the prevention of the spread of disease among cattle in the (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 14^th January 1969) [State of Tamil Nadu].

Preamble

Whereas it is expedient to take measures to prevent the spreading of contagious or infectious diseases among animals in the (This expression was substituted for the expression "Madras" by ibid) [State of Tamil Nadu], and, with that object, to prescribe by law in what way animal

so infected shall be dealt with; It is hereby enacted as follows:"

1. Act to be

This Act shall be pat in force in such districts, or parts of district and during such periods of time, as th

e

(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) [State Government] (These words were inserted by the Tamil Nadu Decentraliza tion Act, 1914 (Tamil Nadu Act VIII of 1914) [or subject to (This word was substituted for the word "his" by the Adap tation Order of 1937) [their] control the Board of Revenue] may, from time to time, direct; by notification in the (These words were substituted for the words "Fort. St. George Gazette" by ibid) [Official Gazette].

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 repug nant to such construction:"

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

words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number,

words importing the masculine gender shall include the feminine;

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

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

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, (These words were inserted by Madras Act I of 1879, S. 1)

[or, in the City of Madras] (These words were substituted for the words "the President the Municipal Commission" by S. 3 of the Madras Cattle-disease (Amendment) Act, 1921 (Madras Act III of 1921) [the Commissioner of the Corporation] shall determine, and keepers shall be appointed to such pounds by the said Magistrate (These words were added by section 3 (1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951)) [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.

Whenever, in any district or part of a district to which this Act has been extended as above provided, toy 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.

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

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

Every keeper of a hospital-pound, or person there to authorized by the Magistrate of the district, (These words were inserted by Madras Act I of 1879, S. 1) [or, in the City of Madras,] (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) [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 labour ing under such disease, and to require the removal of such animal or animals to the hospital-pound for the, range.

Every keeper of hospital-pound, or person thereto authorized by the Magistrate of the district, (These words were inserted by Madras Act I of 1879, S. 1) [or, in the City of Madras,] (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) [the Commissioner of the Corporation,] shall hare 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.

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 1857 (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) 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.

The keeper of the hospital-pound, or other person thereto authorized by the Magistrate of the district, (These words were inserted by Madras Act I of 1879, S. 1) [or, in the City of Madras,] (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) [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.

When any animal shall have been so destroyed, or shall die 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.

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

Should an animal impounded as aforesaid recover from the disease under which it may have been labou

ring, 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.

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

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 charge# whatever.

No person having in his possession, or under hit 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, (These words were inserted by Madras Act I of 1879, S. 1) [or, in the City of Madras,] (These words were substituted for the words "the President of the Municipal Commission" by S. 3 of the Madras Act III of 1921) [the Commissioner of the Corpo ration,] to grant such licence.

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 pro pagating the 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 ex ceeding ten days.

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, (These words were inserted by Madras Act I of 1879, S. 1) [or, in the City of Madras,] (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) [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.

(Section 5 was substituted for the original section by S. 2, ibid)

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.]

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.

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.

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 com plained 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 pro curing 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 pres cribed in Act No. V of 1865 (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1960, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969) (Tamil Nadu) (The Tamil Nadu District Police (Amendment) Act, 1865) for the recovery of forfeitures or penalties imposed under the authority of Act XXIV of 1859. (The Tamil Nadu District Police Act, 1859)

All fines levied under this Act shall be credited to (The words "the revenues of the Province" were substituted for the words " the cattle-pound fund established under the pro visions of Act III of 1857, which fund shall be available for pay ment 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) [the revenues of the State]

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

It shall be lawful for the [State Government] by notice published in the a[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 re pugnant to the provisions of this or any other Act.

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 imprison ment for fifteen days.