The Telangana Rinderpest Act, 1940

THE TELANGANA RINDERPEST ACT, 1940. (ACT NO. XIX OF 1940) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement. 2. Act II of 1866 not to apply to rinderpest. 3. Definitions. 4. Veterinary Surgeons and Inspectors. 5. Power to inoculate and regulate movement of animals and to control the holding of markets, fairs etc., and traffic in infective animals, etc. 6. Duty of certain persons to report rinderpest. 7. Power of Veterinary Surgeon to hold postmortem. 8. Isolation of infective animals, examination by Veterinary Surgeon etc. 9. Cleaning and disinfection of vessels and vehicles. 10. Powers to require disinfection of infected premises, vessels and vehicles. 11. Declaration of private infected places and examination of such places by Veterinary Surgeon. 12. Declaration of public infected places. 13. Declaration of infected areas by the State Government. 14. Removal of animals and other things from infected areas or places. 15. Power to return animals, etc., to infected areas. 16. Powers of entry and inspection. 17. Time for complying with and enforcement of orders. 2 [Act No. XIX of 1940] 18. Recovery of expenses. 19. Penalties. 20. Penalty for keeping or grazing infective animal in unenclosed land. 21. Penalty for bringing infective animal to market. 22. Penalty for placing carcass of infective animal in river. 23. Penalty for disinterring carcass of diseased animal. 24. Arrest without warrant. 25. Institution of proceedings. 26. Jurisdiction of Magistrates. 27. Bar of claim to compensation. 28. Bar of certain proceedings. 29. Limitation for certain suits and prosecutions. 30. Power to make rules. Power to remove difficulties. THE TELANGANA RINDERPEST ACT, 1940.1 ACT No. XIX OF 1940. 1. (1) This Act may be called 2[the Telangana Rinderpest Short title, extent Act, 1940.] and commencement. (2) It extends to the whole of the 2[State of Telangana.] (3) This section shall come into force at once, and the 3[State] Government may from time to time by notification in the 2[Telangana Gazette] apply all or any of the remaining provisions of this Act to the whole or any portion of the 2[State of Telangana] from such date and for such period, if any, as may be specified in the notification, and may cancel or modify any such notification. 2. Nothing contained in 4[the Telangana Cattle Disease Act II of 1866 not Act, 1866], shall apply to the disease of rinderpest in any to apply to rinderpest. area to which the provisions of this Act have been applied, Act II of 1866. by notification under sub-section (3) of section 1 so long as such notification remains in force. 3. In this Act, unless there is anything repugnant in the Definitions. subject or context,- (a) “animal” means any camel, buffalo, bull, bullock, cow, heifer, calf, sheep, lamb, goat, kid, swine or deer; 1. The Andhra Pradesh Rinderpest Act, 1940 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. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 3. Substituted for the word “Provincial” by the Adaptation Order, 1950. 4. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.XIX of 1940] (b) “infective animal” means an animal which is affected with rinderpest or has recently been in contact with, or in close proximity to, an animal so affected; and (c) “prescribed” means prescribed by rules made under this Act. Veterinary 4. (1) The State Government may appoint any person Surgeons and they think fit to be a Veterinary Surgeon for the purposes of Inspectors. this Act within such local limits as they may assign to him. (2) The State Government may appoint any person they think fit to be an Inspector for all or any of the purposes of this Act within such local limits as they may assign to him. (3) A Veterinary Surgeon shall within the local limits assigned to him have all the powers of an Inspector under this Act, and may exercise such powers concurrently with his powers as Veterinary Surgeon. (4) Every person appointed under this section shall be deemed to be a public servant within the meaning of the Central Act 45 of 1860. Indian Penal Code. Power to 5. The State Government may, for the purpose of inoculate and preventing the outbreak or spread of rinderpest in or from regulate any area, by notification in the 5[Telangana Gazette],- movement of animals and to control the (a) direct that all animals in such area or any class of holding of such animals shall be compulsorily inoculated in markets, fairs etc., accordance with such rules as may be prescribed or such and traffic in directions as may be specified in the notification; infective animals, etc. 5. Substituted for the words “Andhra Pradesh Gazette” by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.XIX of 1940] 3 (b) prohibit or regulate in such manner and to such extent as may be prescribed or as may be specified in the notification the bringing into such area from any other area in the State or any part thereof, the removal from such area into any other area in the State or any part thereof or the transport from one place to another in such area of any animals alive or dead, or of any products of animals or of any parts of animals, or of any fodder, bedding or other thing used in connexion with animals which may, in the opinion of the State Government, carry infection; or (c) prohibit or regulate in such manner and to such extent as may be prescribed or as may be specified in the notification in such area or any part thereof or any other area in the State,- (i) the holding of animal markets, animal fairs, animal exhibitions or other concentrations of animals; or (ii) the sale of, or other traffic in, infective animals or their products or the carcasses of animals which at the time of their death were infective, or any parts of such animals or any fodder, bedding or other thing used in connexion with such animals which may, in the opinion of the State Government, carry infection. 6. Every owner or person in charge of, and every Duty of certain veterinary practitioner who has been called to treat, an persons to report animal which he has reason to believe to be affected with rinderpest. rinderpest shall forthwith report the fact to the Inspector exercising powers in the area. 7. Subject to such rules as may be prescribed, the Power of Veterinary Surgeon may make or cause to be made a post- Veterinary Surgeon to hold mortem examination of any animal which at the time of its postmortem. death was infective or is suspected to have been then 4 [Act No.XIX of 1940] infective and for this purpose he may cause the carcass of any such animal to be exhumed. Isolation of 8. (1) Where an Inspector has reason to believe that any infective animals, animal is infective, he may, by order in writing, direct the examination by owner or person in charge of such animal to keep it where it Veterinary is for the time being, or to remove it or allow it to be Surgeon etc. removed to such place of isolation or segregation as may be specified in the order: Provided that where there is no person in charge of the animal and the owner is unknown or the order cannot be communicated to him without undue delay, the Inspector may seize the animal and remove it to a place of isolation or segregation. (2) The Inspector shall forthwith report to the Veterinary Surgeon every order or seizure made under sub-section (1). (3) On receipt of a report under sub-section (2), the Veterinary Surgeon shall as soon as possible examine the animal and all animals with which it has been in contact or to which it has been in close proximity, and for this purpose may submit any animal to any test which may be prescribed in this behalf. (4) (a) If after such examination the Veterinary Surgeon is of opinion that any animal is not infective, the Inspector shall forthwith return it to the person who in his opinion is entitled to its possession: Provided that where such person cannot in the opinion of the Inspector be found after reasonable inquiry, he shall send the animal to the nearest cattle pound or deal with it in such other manner as may be prescribed. [Act No.XIX of 1940] 5 (b) If after such examination the Veterinary Surgeon certifies in writing that any animal is affected with rinderpest the Inspector shall destroy the animal or deal with it in such other manner as may be prescribed. (c) If after such examination the Veterinary Surgeon certifies in writing that any animal is infective though not affected with rinderpest, the animal shall be subjected to such treatment, if any, and be otherwise dealt with in such manner as may be prescribed. 9. (1) Every vessel or vehicle used by a common carrier Cleaning and for the transport of animals shall be cleansed and disinfection of vessels and disinfected periodically in such manner as may be vehicles. prescribed. (2) The State Government may appoint places where an Inspector may detain and inspect any such vessel or vehicle, and if it is not in a sanitary condition, require it to be cleansed and disinfected in the prescribed manner. (3) This section shall not apply to the rolling stock of any railway. 10. Subject to such rules as may be prescribed, the Powers to require Veterinary Surgeon may, by order in writing, require the disinfection of owner, occupier or person in charge of any building, yard, infected premises, vessels and vessel or vehicle in which an infective animal has been kept, vehicles. to have such building, yard, vessel or vehicle disinfected, and the internal fittings thereof and other things found therein or near thereto to be disinfected or destroyed, in such manner and to such extent as may be specified in the order. 11. (1) If the Inspector has reason to believe that there is Declaration of an infective animal in any field, yard or building in which private infected animals are kept, temporarily or otherwise, he shall at once, places and examination of such places by Veterinary Surgeon. 6 [Act No.XIX of 1940] by order in writing, declare the place to be an Infected place, and shall deliver a copy of the order to the owner, occupier or person in charge of the place and report his action to the Veterinary Surgeon: Provided that this sub-section shall not apply to any place owned by, or under the control or management of, any local authority or railway administration where animals are kept temporarily for purposes of sale, exhibition or transit. (2) On the receipt of a report under sub-section (1), the Veterinary Surgeon shall as soon as possible examine the infected place and the animals kept therein and confirm or cancel the order of the Inspector. (3) If the Veterinary Surgeon confirms the order, he may cause notice to be served on the owners, occupiers or persons in charge of all places in which animals are kept, temporarily or otherwise, within a radius not exceeding one mile from the infected place, declaring such places to be infected places. The Veterinary Surgeon shall forthwith report his action under this sub-section to the prescribed authority. (4) If the Veterinary Surgeon cancels the order, the place specified in such order shall cease to be an infected place and the Inspector shall give notice accordingly to the owner, occupier or person in charge of such place. Declaration of 12. (1) If the Veterinary Surgeon has reason to believe that public infected any infective animal is or has been kept in any place owned, places. controlled or managed, by any local authority or railway administration where animals are kept temporarily for purposes of sale, exhibition or transit, he may, by order in writing, declare such place to be an infected place. [Act No.XIX of 1940] 7 (2) The Veterinary Surgeon shall,- (a) cause a copy of the order passed by him under sub-section (1) in the language of the locality, to be exhibited prominently in the infected place; (b) cause a copy of such order to be delivered at the office of the local authority or to the nearest station-master of the railway administration, as the case may be; (c) cause another copy to be sent to the nearest police station; and (d) forthwith report his action to the prescribed authority. 13. (1) On receipt of the report of the Veterinary Surgeon Declaration of under sub-section (3) of section 11 or under sub-section (2) infected areas by of section 12, the prescribed authority shall after making the State Government. such further inquiry, if any, as it thinks fit, submit such report with its remarks thereon, if any, to the State Government who may,- (a) confirm any declaration made under section 11 (1), 11 (3) or 12 (1) either with or without modifications; or (b) cancel any such declaration. (2) (a) Where the State Government confirm any such declaration either with or without modifications, a notification shall be published in the 6[Telangana Gazette] defining the limits of the area to which the declaration with the modifications, if any, made therein, shall apply and declaring such area to be an infected area. 6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 8 [Act No.XIX of 1940] (b) On the publication of a notification under clause (a), any place declared by the Inspector or Veterinary Surgeon to be an infected place and not included in the infected area as defined in such notification shall cease to be an infected place and the Inspector shall give notice accordingly to the owner, occupier or person in charge of such place. (c) The Inspector shall cause to be exhibited in some prominent place in the infected area and in the language of the area, a copy of the notification under clause (a). (d) The State Government may by notification published in the 7[Telangana Gazette] add to, amend, vary or rescind any notification published under clause (a) either on their own motion or on a subsequent report of the Veterinary Surgeon submitted through the prescribed authority. The Inspector shall cause to be exhibited in some prominent place in the infected area a copy of every such notification in the language of the area. (3) Where the State Government cancel any declaration referred to in sub-section (1), the place specified in such declaration shall cease to be an infected place and the Inspector shall give notice accordingly to all persons to whom copies of such declaration were delivered or on whom notices of such declaration were served. Removal of 14. (1) Where any area or place has been declared to be animals and other an infected area or place under the foregoing provisions of things from this Act no person shall, while such declaration remains in infected areas or force, remove any animal, alive or dead, or any product, of places. an animal, or any part of an animal, or any fodder, bedding or other thing used in connection with an animal, save in 7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.XIX of 1940] 9 accordance with the conditions of a licence granted by the Inspector. (2) Nothing in sub-section (1) shall prevent the carriage by railway of any animal or thing referred to in that sub- section through an infected area or place: Provided that where any such animal or thing while in transit through an infected area or place is unloaded therein, it shall not be removed therefrom save in accordance with sub-section (1). 15. Where any animal or thing is removed from an infected Power to return area or place otherwise than in accordance with a licence animals, etc., to infected areas. granted under section 14, any Inspector or Police Officer may require the owner or person in charge of such animal or thing to return it to such area or place: Provided that nothing in this section shall affect the powers of an Inspector under section 8 to deal with infective animals. 16. Subject to such rules as may be prescribed, an Powers of entry Inspector may enter and inspect any land, building or other and inspection. place or any vessel or vehicle, for the purpose of exercising the powers or performing the duties conferred or imposed on him by or under this Act. 17. (1) Where by any notice, requisition or order under this Time for Act or under any notification or rule issued thereunder any complying with person is required to take any measures or to do anything in and enforcement of orders. respect of any property owned or occupied by him or in his charge, a reasonable time shall be specified in such notice, requisition or order within which such measures shall be taken or such thing shall be done, as the case may be. 10 [Act No.XIX of 1940] (2) If such measures are not taken or such thing is not done within the time so specified, the authority issuing the notice, requisition or order may cause the measures to be taken or the thing to be done at the expense of the person concerned. Recovery of 18. Where any action is taken under section 17 or any expenses. other provision of this Act or any notification or rule issued thereunder in respect of any property at the expense of any person, the authority taking such action shall draw up a certificate stating the amount of the expenses incurred and the person from whom such amount is recoverable, and the amount specified shall be recoverable from such person as if it were an arrear of land revenue due by him. Penalties. 19. Whoever,- (a) fails to comply with or contravenes the terms of any notification issued under section 5, or (b) fails to report that an animal is infective as required by section 6, or (c) fails to comply with an order made by an Inspector under sub-section (1) of section 8, or (d) being a common carrier, fails to cleanse or disinfect any vessel or vehicle used for the transport of animals in such manner as may be required under sub-section (1) or sub-section (2) of section 9, or (e) fails to comply with an order made by a Veterinary Surgeon under section 10, or (f) removes any animal or thing from any infected area or place in contravention of section 14, [Act No.XIX of 1940] 11 shall be punished with fine which may extend to fifty rupees in the case of a first conviction and to one hundred rupees in the case of a second or subsequent conviction whether under the same or any other clause of this section. 20. Whoever keeps or grazes in or on any forest, open Penalty for field, roadside, or other enclosed land, to which other keeping or persons have a right of access for their animals, any animal grazing infective animal in which he knows to be infective, shall be punished with fine unenclosed land. which may extend in the case of a first conviction to fifty rupees and in the case of a second or subsequent conviction to one hundred rupees. 21. Whoever brings or attempts to bring into any market, Penalty for fair, exhibition or other concentration of animals, any animal bringing infective which he knows to be infective shall be punished with fine animal to market. which may extend in the case of a first conviction to fifty rupees and in the case of a second or subsequent conviction to one hundred rupees. 22. Whoever places, or causes or permits to be placed in Penalty for any river, canal, or other water, or in the sea within such placing carcass of distance from the shore as may be prescribed, the carcass infective animal in river. or part of the carcass of any animal which at the time of its death was infective or which was destroyed as being infective or suspected of being infective shall be punished in the case of a first conviction with imprisonment for a term which may extend to six months or with fine which may extend to one hundred rupees or with both and in the case of a second or subsequent conviction with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. 23. Whoever, without lawful authority, disinters or causes Penalty for to be disintered the carcass or part of the carcass of any disinterring animal which at the time of its death was infective or which carcass of diseased animal. was destroyed as being infective or suspected of being 12 [Act No.XIX of 1940] infective, shall be punished with fine which may extend in the case of a first conviction to fifty rupees and in the case of a second or subsequent conviction to one hundred rupees. Arrest without 24. Any Police Officer not below the rank of Sub-Inspector warrant. may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence against any of the provisions of this Act relating to infective animals or to infected areas or places declared to be such under this Act. Institution of 25. No Magistrate shall take cognizance of any offence proceedings. under this Act except upon the complaint or report of a Veterinary Surgeon. Jurisdiction of 26. No Magistrate shall try any offence under this Act Magistrates. unless he is 8[XXX] a Magistrate of the first class, or a Magistrate of the second class specially empowered in this behalf by the State Government. Bar of claim to 27. No person shall be entitled to any compensation in compensation. respect of the destruction of any animal or thing or of any other loss, injury, detriment or inconvenience caused to him by reason of anything done under this Act in good faith. Bar of certain 28. (1) No suit, prosecution or other proceeding shall lie proceedings. against any officer or servant of the State Government for any act done or purporting to be done under this Act, without the previous sanction of the State Government. (2) No officer or servant of the State Government shall be liable in respect of any such act in any civil or criminal procceding if the act was done in good faith in the course of 8. The words “a Presidency Magistrate” were omitted by the Andhra Area (Amendment) Order, 1954. [Act No.XIX of 1940] 13 the execution of duties or the discharge of functions imposed by or under this Act. 29. No suit shall be instituted against the 9[Government] Limitation for and no suit, prosecution or other proceeding shall be certain suits and prosecutions. instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of. 30. (1) The State Government may make rules to carry out Power to make the purposes of this Act. rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,- (a) the tests to be applied to animals suspected of being infective; (b) the isolation or segregation, detention, treatment (curative and preventive) and destruction or disposal otherwise of animals which are infective or suspected of being infective and the destruction or disposal otherwise of the products of such animals, of their carcasses and of the fodder, bedding or other things used in connexion with them; (c) the manner in which animals and things seized under this Act and not liable to destruction shall be dealt with and disposed of; (d) the disinfection of vessels or vehicles used by common carriers, the cleansing and disinfection of buildings, yards and other places used for animals, and the 9. Substituted for the word “Crown” by the Adaptation Order, 1950. 14 [Act No.XIX of 1940] destruction of infected matter or things found therein or near thereto; (e) the circumstances under which licences may he granted by an Inspector under section 14, and the form and conditions of such licences; (f) the determination of the persons from whom any expenses incurred in connexion with the enforcement of this Act shall be recovered; (g) the expenses to be allowed in certificates drawn up under section 18; (h) the powers and functions and the procedure of Inspectors and Veterinary Surgeons; (i) the manner in which any report or notice under this Act shall be made or given; and (j) all other matters expressly required or allowed by this Act to be prescribed. (3) In making a rule under sub-section (1) or sub- section (2), the State Government may provide that a breach thereof shall be punishable with fine which may extend in the case of a first conviction to fifty rupees and in the case of a second or subsequent conviction to one hundred rupees. (4) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication for a period of not less than one month. [Act No.XIX of 1940] 15 (5) All rules made under this section shall be published in the 10[Telangana Gazette] and upon such publication shall have effect as if enacted in this Act. 11[If any difficulty arises in giving effect to the provisions Power to remove of the principal Act in the transferred territories, the State difficulties. Government may, by order, make such provisions or give such directions as appear to them to be necessary for the removal of the difficulty.] * * * 10. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 11. Inserted by Act No.II of 1961.