The Telangana Cattle-Disease Act, 1866

THE TELANGANA CATTLE-DISEASE ACT, 1866. (ACT NO. II OF 1866) ARRANGEMENT OF SECTIONS Sections 1. Act to be extended to such places, and during such period of time, as the State Government think proper. 2. Interpretation clause. 3. Establishment of hospital-pounds. 4. Notice by owner of cattle attacked by disease. 5. Examination by pound-keeper. 6. Removal to hospital Pound. 7. Inspection of places in which animals suspected to be diseased, are found. 8. Cleansing of premises in which diseased animal has been or is disinfection of fodder etc. 9. Expenses for food and treatment by whom to be borne. 10. Power to destroy diseased animals. 11. Owner to pay costs for animals cured. 12. Bar to removal, without licence, of animal in contact with diseased cattle. 13. Penalty for failing to give notice when animal is attacked by disease. 14. Penalty for refusing to obey directions of cattle pound-keeper, etc. 15. Penalty for opposing seizure and impounding of diseased animals. 2 [Act No. II of 1866] 16. Complaint of seizure by owner. 17. Fees and fines to be credited to the revenues of the State. 18. Power to make bye-laws. Power to remove difficulties. THE TELANGANA CATTLE-DISEASE ACT, 1866.1 ACT No.II OF 1866. 1. This Act shall be put in force in such districts, or parts Act to be of district and during such periods of time, as the State extended to such places, and Government or subject to their control the Board of Revenue during such may, from time to time, direct by notification in the Official period of time, as Gazette. the State Government think proper. 2. The following words and expressions in this Act shall Interpretation have the meaning hereby assigned to them, unless there be clause. something in the subject or context repugnant to such construction:- the word “Magistrate” shall include all persons Magistrate. exercising all or any of the powers of a Magistrate; words importing the singular number shall include the Number. plural number and words importing the plural number shall include the singular number; words importing the masculine gender shall include the Gender. feminine; 1. The Andhra Pradesh (Andhra Area) Cattle-Disease Act, 1866 received the assent of the Governor on the 16th March, 1866. The said Act II of 1866 has been amended and extended to the transferred territory as in section 3(1) of the States Reorganisation Act, 1956 (Central Act 37 of 1956) by Act No.I of 1961 and the short title was amended as the Andhra Pradesh Cattle-Disease Act, 1866 by Act XLII of 1961. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.II of 1866] Animal. the word “animal” shall mean any camel, buffalo, horse, pony, ass, bull, bullock, cow, heifer, calf, sheep, lamb, goat, kid, dog or swine. Establishment of 3. Whenever this Act shall have been applied, as above hospital-pounds. provided, to any district, or part of a district, hospital- pounds, shall be established in such places as the Magistrate of the district, 2[or in the cities of Hyderabad and Secunderabad, the Commissioner of the Municipal Corporation] shall determine, and keepers shall be appointed to such pounds by the said Magistrate 2[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. Notice by owner 4. Whenever, in any district or part of a district to which of cattle attacked this Act has been extended as above provided, any animal by disease. 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. Examination by 5. On receiving notice as aforesaid, the keeper of the pound-keeper. 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. Removal to the 6. If the keeper of the hospital-pound should be of hospital Pound. 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. 2. Inserted by Act No.I of 1961. [Act No.II of 1866] 3 7. Every keeper of a hospital-pound, or person thereto Inspection of authorized by the Magistrate of the district, 3[or in the cities places in which animals of Hyderabad and Secunderabad, the Commissioner of the suspected to be Municipal Corporation] shall have power, within the range diseased, are for which he is appointed, to enter upon and inspect any found. 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 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. 8. Every keeper of a hospital-pound, or person thereto Cleansing of authorized by the Magistrate of the district 3[or in the cities premises in which diseased animal of Hyderabad and Secunderabad, the Commissioner of has been or is Municipal Corporation] shall have power, within his range, Disinfection of to cause to be cleansed and disinfected, in any manner fodder etc. 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. 9. From the time when any animal affected as aforesaid is Expenses for food taken charge of by the keeper of the hospital-pound, all and treatment by expenses incurred on account of feeding and medical whom to be borne. treatment for the said animal shall be borne by 4[the State Government] 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. 3. Inserted by Act No.I of 1961. 4. Substituted by Act No.I of 1961. 4 [Act No.II of 1866] Power to destroy 10. The keeper of the hospital-pound, or other person diseased animals. thereto authorized by the Magistrate of the district, 5[or in the cities of Hyderabad and Secunderabad, the Commissioner of the Municipal 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 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 6[from the revenues of the State]. Bar of claim to No compensation shall be claimable in respect of any compensation. loss incurred by reason of any act authorized by this section. Owner to pay 11. Should an animal impounded as aforesaid recover costs for animals from the disease under which it may have been labouring, cured. the owner or person who was in charge thereof shall pay to the keeper of the hospital-pound, 6[to be credited to the revenues of the State], the actual cost of the feeding and treatment of such animal. Recovery in case Should he fail to pay the expenses aforesaid, then the of default. 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: 5. Inserted by Act No.I of 1961. 6. Substituted by Act No.I of 1961. [Act No.II of 1866] 5 Provided always that, in such cases as the owner or Owner when not person who was in charge may elect to supply food and chargeable. medicine, he shall not be required to pay any charges whatever. 12. No person having in his possession or under his Bar to removal, custody, any animal which has been in the same shed or without licence, of animal in contact stable, or in the same herd or flock, or in contact, with any with diseased animal labouring under any contagious or infectious cattle. 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, 7[or in the cities of Hyderabad and Secunderabad, the Commissioner of the Municipal Corporation] to grant such licence. Every such licence shall be in writing, and shall only Licences. 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 authorised as aforesaid, is satisfied that there is no reasonable probability of such animal propagating the disease. 13. If any person who may be in charge of any animal at Penalty for failing the time of its being attacked by a contagious or infectious to give notice when animal is disorder shall fail to give notice to the hospital pound-keeper attacked by of the village, as required in section 4, the said person shall disease. 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. 7. Inserted by Act No.I of 1961. 6 [Act No.II of 1866] Penalty for 14. Any person who shall fail to comply with the directions refusing to obey of a hospital pound-keeper, or of a person duly authorized directions of cattle by the Magistrate of the district, 8[or in the cities of pound-keeper, Hyderabad and Secunderabad, the Commissioner of the etc. Municipal 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. Penalty for 15. In any district or part of a district in which this Act is in opposing seizure force, hospital pound-keepers, all police officers not below and impounding the rank of a sub-Inspector and such other persons as the of diseased Magistrate of the district 8[or in the cities of Hyderabad and animals. Secunderabad, the Commissioner of the Municipal 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 Central Act 45 of 1860. punishable under section 186 of the Indian Penal Code. Complaint of 16. Any person whose animals shall have been seized as seizure by owner. being diseased may prefer a complaint against the seizure, at any time within ten days from the date thereof, to any Magistrate. 8. Inserted by Act No.I of 1961. [Act No.II of 1866] 7 The complaint may be either verbal, in which case the Form of substance of it shall be taken down in writing by the complaint. 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 Procedure Magistrate shall see reason to believe the complaint to be thereon. 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 the Andhra Pradesh (Andhra Area) District Police (Amendment) Act, 1865 (Act V of 1865) for the recovery of forfeitures or penalties imposed under the authority of Act XXIV of 1859. 17. All fines levied under this Act shall be credited to the Fees and fines to revenues of the State. be credited to the revenues of the State. Provided that it shall be lawful for the officer inflicting a Reward to fine under this Act to direct any portion thereof, not informer. exceeding one-half, to be paid to the informer. 8 [Act No.II of 1866] Power to make 18. It shall be lawful for the State Government by notice bye-laws. published in the Official Gazette to make and prescribe such bye-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 bye-laws shall not be repugnant to the provisions of this or any other Act. Penalty for A breach of any such bye-laws shall render the party breach. liable on conviction before a Magistrate, to a fine not exceeding rupees ten, commutable to simple imprisonment for fifteen days. The following proviso inserted by Act I of 1961. Power to remove 9[If any difficulty arises in giving effect to the provisions difficulties. of the principal Act as amended by this Act, in their application to the transferred territory, the State Government may, by order, make such provisions or give such directions not inconsistent with the purposes of the said Act, as appear to them to be necessary for the removal of the difficulty.] * * * 9. Inserted by Act No.I of 1961.