THE GLANDERS AND FARCY ACT,1899

(Act No. XIII of 1899)

Passed by the Governor-General of India in Council. Received the assent of the Governor-General on the 20th of March 1899.

An Act to consolidate and amend the Law relating to Glanders and Farcy.

Whereas it is expedient to consolidate and amend the Law relating to Glanders and Farcy, it is hereby enacted as follows:
  1. Short title, extent and commencement:

    2. .

    1. This Act may be called the Glanders and Farcy Act, 1899.

    2. It extends to the whole of British.

    3. It shall come into force at once. India

  2. Definition of "diseased"
  1. In this act, unless there is anything repugnant in the subject or context, "diseased " means affected with Glanders or Farcyy or any other dangerous epidemic disease among horses which the Governor-General in council may, by notification in the gazette of India, specify in this behalf " either generally or in the respect of any local area".
  2. The provisions of this Act relating to horses shall apply also to asses and mules.
  1. Application of act to local areas by Local Government

    2. The Local Government may by notification in the local office Gazette, apply this act, or any provision of this act, to any local area, to be specified in such notification, within the province.

  2. Local Government to appoint Inspectors
    1. When this Act has been so applied to a local area, the Local Government may, by notification in the local official Gazette, appoint such persons as it thinks fit to be inspectors under this Act, and to exercise and perform, within the whole of the local area, or such portions thereof as it may prescribe, the powers conferred and the duties imposed by this Act on such officers.
  1. Power of entry and search

    2. Within the local limits for which he is so appointed, any such inspector as aforesaid may, subject to such rules as the Local Government may make in this behalf, enter and search any field, building, or other place for the purpose of ascertaining whether there is therein any horse which is diseased.

  2. Power of seizure

    3. Within such limits as aforesaid, the Inspector may seize any horse, which he has reasoned to believe to be diseased.

  3. Horses to be examined by veterinary Practitioner
  1. On any such seizure as aforesaid, the inspector shall cause the horse seized, to be examined as soon as possible by such veterinary Practitioner as the Local Government may appoint in this behalf. Provided that, when the inspector is also a veterinary practitioner so appointed, he may make the examination himself.
  2. For the purpose of examination, the veterinary practitioner may submit the horse to any test or tests, which the Local Government may prescribe.
    3.

 

  1. Horses to be destroyed if found diseased: otherwise restored 
  1. If the veterinary practitioner certifies in writing that the horse is diseased, the inspector shall cause the same to be immediately destroyed.

    Provided that, in the case of any disease other than Glanders or Farcy, horses certified to be diseased as aforesaid may, subject to any rules which the Local Government may make, in this behalf, be either destroyed, or otherwise treated or dealt with as the veterinary Practitioner may deem necessary

  2. If, after completing the examination, the veterinary Practitioner does not certify that the horse is diseased, the inspector shall at once deliver the same to the person entitled to the possession thereof.

     

9. When horse diseased; place where it has been to be disinfected

  1. When any diseased horse has been in any building, shed, or other enclosed places, or in any open lanes, the inspector may issue a notice to the owner of the building, shed, place, or lanes, or to the person incharge thereof, directing him to have the same disinfected, and internal fittings thereof, or such other things found therein or near thereto as the Local Government may by the rule prescribe, destroyed.
  2. On the failure of neglect of such owner or other person as aforesaid to comply with the notice within a reasonable time, the inspector shall cause the building, shed, place, or lanes to be disinfected, and fittings or other things to be destroyed, and the expense (if any) thereby incurred may be recovered from the owner other person as if it were a fine.
  1. Owner or person incharge of diseased horse to give notice

    Owner or any person incharge of a diseased horse shall give immediate information of the horse being diseased to the Inspector or to such authority as the Local Government may appoint in this behalf.

  1. Prohibition against removal, without license, of horse which has been with diseased horse

    2. No person incharge of any horse which has been in the same field, building, or places as, or in contact with, a diseased horse, shall remove 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 the license.

  2. Vexatious entries, searches and seizure
    1. Whoever, being an inspector appointed under this Act, vexatiously and unnecessarily enters or searches any field, building, or other place, or seizes or detains any horse on the pretense that it is diseased, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
    2. No prosecution under this section shall be instituted after the expiry of three months from the date on which he has been committed.
  1. Penalty for refusing to comply with the notice under section 9 or for removing horse contrary to section 11

    Whoever refuses or neglects to comply with any notice issued by the inspector under section 9, or removes any horse in contravention of section 11, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both.

  1. Power to make rules
    1. The Local Government may make rules to carry out the purposes and objects of this Act.
    2. In particular and without rejudice to the generality of the foregoing power, such rules as aforesaid may:
    1. regulate entries, searches. And seizures by inspector under this Act;
    2. regulate the use of tests and the isolation of horses subjected thereto, and provide for recovering the expenses of detaining, isolating and testing horses from the owners or person incharge thereof as if it were a fine ;
    3. regulate the destruction or treatment, as the case may be , of horses certified under section 8to be diseased and the disposal of the carcass of the diseased horses;
    4. regulate the disinfecting of buildings and places in which diseased horses have been, and prescribe what things found therein or near thereto shall be destroyed; and
    5. regulate the grant of licenses under Section 11, and the conditions on which those licenses shall be granted.
    1. All rules under this section shall be published in the Local Official gazette, and, on such publication, shall have effect as if enacted by this Act.
    2. In the making any rule under this section, the Local Government may direct that breach of it shall be punishable, with Imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
  1. Appointment of some person to be the Inspector and Veterinary practitioner

    Any Veterinary Practitioner may be appointed by the Local Government to be both Inspector and veterinary Practitioner for all or any of the purposes of this Act or any rule thereunder.

  1. Protection to persons acting under the Act

    No suit, prosecution, or other legal proceeding shall lie against any person for anything, which is, in good faith, done or intended to be don under this act.

  1. Repeal

The enactment’s mentioned in the schedule are hereby repealed to the extent specified in the fourth column thereo

THE SCHEDULE

ENACTMENT REPEALED

(See section 17)

 

YEAR

NO.

SHORT TITLE

EXTENT OF REPEAL

1879

XX

The Glanders and Farcy Act, 1879.

The whole Act

1891

XII

The Repealing and Amendment Act, 1891.

So much as relates to act XX of 1879.

1896

XV

The Glanders and Farcy Act, (1879) Amendment Act, 1896.

The whole Act.

1897

XIV

The Indian Short Titles Act, 1897

So much as relates to Act XV of 1896.

 

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