Updated: Saturday April 16, 2011/AsSabt Jamada El Oula 13, 1432/Sanivara Chaitra 26, 1933, at 06:47:16 PM

The Glanders and Farcy Act, 1899

 

ACT No. XIII OF 1899


(For Statement of Objects and Reasons, see Gaz. of India, 1898 Pt. V, p. 353; for Report of the Select Committee, see ibid., p 51; for Proceedings in Council, see ibid., 1898, Pt. VI, p. 394; ibid., 1899, Pt. VI, pp. 25, 86 and 119.


This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3 and Sch. I.


It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499.)

 

[20th 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.‑(1) This Act may be called the Glanders and Farcy Act, 1899.

[(2) It extends to the whole (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 155), for the original sub‑section (2) as amended by A. O., 1949, Arts. 3(2) and 4.) of Pakistan] ;( The word "and" rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and Sch. II.)*

(Sub‑section (3) rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and Sch. II.)* * * * * * * * * * *

2. Definition of “diseased”---(1) In this Act, unless there is anything repugnant in the subject or context, "diseased" means affected with glanders or farcy or any other dangerous epidemic disease among horses which the (Subs. by A. O., 1937, for "L. G." which were subs. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, for "G. G. in C.".)[Provincial Government] may, by (For notifications under this sub‑section as amended by Act 11 of 1901, as regards certain local areas, see Gaz. of India, 1906, Pt. I, p. 205, see also different local Rules and Orders.)notification in the (Subs. by A. O., 1937, for the words "local official Gazette" which were subs. by Act 38 of 1920, s. 2 and Sch. I, for "Gaz. of India".)[official Gazette], specify in this behalf (Certain words rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Sch.).

(2) The provisions of this Act relating to horses shall apply also to (Ins. by the Glanders and Farcy (Amdt.) Act, 1920 (9 of 1920), s. 2.)[camels], asses and mules.

[3. Application of Act to local areas by Provincial Government---(Subs. ibid. s. 3, for the original section.)--(1) The (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may, by notifica*tion(For such notifications, see different local Rules and Orders.

For notifn. applying the Act to the whole Area of the Karachi Administration, see Gaz. of Karachi, 1959, Pt. II, p. 209.) in the (Subs. by A. O., 1937, for "local official Gazette".)[official Gazette], apply. this Act or any provision of this Act to any local area, to be specified in such notification, within the Province.

(2) In any such notification the (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may further direct that the Act or any provision so applied shall apply in respect of,---

(a) all or any of the diseases mentioned or specified in a notification under section 2, sub‑section (1),

(b) all animals or any class of animals mentioned in section 2, sub‑section (2).]

4. Provincial Government to appoint Inspectors‑----(1) When this Act has been so applied to a local area, the (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may, by notification in the (Subs. by A. O., 1937, for "local official Gazette".)[official Gazette], appoint (For instances of notifications under this section, see different local Rules and Orders.) 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.

(2) Every person so appointed shall be deemed to be a public servant within the meaning of the Pakistan Penal Code. XLV of 1860.

5. Power of entry and search---Within the local limits for which he is so appointed, any such Inspector as aforesaid may, subject to such rules as the (Subs. by A. O., 1937, for "L. G.".)[Provincial 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.

6. Power of seizure--- Within such limits as aforesaid, the Inspector may seize any horse which he has reason to believe to be diseased.

7.‑(1) Horse to be examined by Veterinary Practitioner--- 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 (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may appoint (For instances of notifications under this section, see different local Rules and Orders.) in this behalf:

Provided that, when the Inspector is also a Veterinary Practitioner so appointed, he may make the examination himself.

(2) For the purposes of the examination, the Veterinary Practitioner may submit the horse to any test or tests which the (Subs. by A. O., 1937, for "L. G.".) [Provincial Government] may prescribe.

8. Horse 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 (For such rules, see different local Rules and Orders.) which the (Subs. by A. O., 1937, for "L. G.".) [Provincial 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 etc.--(1) When any diseased horse has been in any building, shed or other enclosed place, or in any open lines, the Inspector may issue a notice to the owner of the building, shed, place or lines, or to the person in charge thereof, directing him to have the same disinfected and the internal fittings thereof, or such other things found therein or near thereto as the (Subs. by A. O., 1937, for "L. G.".)[Provincial Gov*ernment] may by rule prescribe, destroyed.

(2) On the failure or 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 lines to be disinfected and the fittings or other things to be destroyed, and the expense (if any) thereby incurred may be recovered from the owner or other person as if it were a fine.

10. Owner or person in charge of diseased horse to give notice---- The owner or any person in charge of a diseased horse shall give immediate information of the horse being diseased to the Inspector or to such authority as the (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may appoint (For officers so appointed, see different local Rules and Orders ) in this behalf.

11. Prohibition against removal with out license of horse which has been with diseased horse---No person in charge of any horse which has been in the same field, building or place 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:

12. Vexatious tries searches and seizures--‑(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 pre*tence 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 the offence has been committed.

13. Penalty for refusing to comply with 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.

14. Power to make rule----‑(1) The (Subs. by A. O., 1937, for "L. G.".)[Provincial Government] may make (For such rules, see different local Rules and Orders.)rules to carry out the purposes and objects of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules as aforesaid may‑

(a) regulate entries, searches and seizures by Inspectors under this Act;

(b) regulate the use of tests and the isolation of horses subjected thereto, and provide for recovering the expense of detaining, isolating and testing horses from the owners or persons in charge thereof as if it were a fine;

(c) regulate the destruction or treatment, as the case may be, of horses certified under section 8 to be diseased, and the disposal of the carcases of diseased horses;

(d) 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

(e) regulate the grant of licenses under section 11 and the conditions on which those licenses shall be granted.

(3) All rules under this section shall be published in the (Subs. by A. O. 1937, for "local official Gazette",)[official Gazette], and, on such publication, shall have effect as if enacted by this Act.

(4) In making any rule under this section, the (Subs. ibid., for "L. G.".)[Provincial Government] may direct that a 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.

15. Appointment of same person to be both Inspector and Veterinary practitioner---Any Veterinary Practitioner may be appointed by the (Subs. ibid., for "L. G.".)[Provincial Government] to be both Inspector and Veterinary Practitioner for all or any of the purposes of this Act or of any rule thereunder.

16. Protection to persons acting under 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 done under this Act.

17. [Repeal.] Rep. by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and Schedule II.

THE SCHEDULE


[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and Schedule II

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