Tamil Nadu Cattle-Disease (Amendment) Act, 1981

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Cattle-Disease Act, 1866 Act 2 of 1866 Keyword(s): Spread of Disease among Cattle, Infected Animals, Contagious or Infectious Disease, Pound Keeper Amendment appended: 18 of 1981 Preamble AoC fo bo uknded Co ruoh plwea, end during suoh period ef time, a8 tho Skte GovernmenC Chink proper. '(TAMIL NADU) ACT No. I1 OF 18668. [THE l ( T ~ m NADU) CATTLE-DISEASBI Am, 1866.1 (Received the assent of the cfoved' the 16th March 1866, and of the Uovemu~r-General on the 17th April 1866.) An Act for the prevention of the spread of disease among cattle in the S[State of Tamil Nadu]. WHEREAS it is expedient to take measures to proven* the spreading of contagious or infeotioue dieeaser among animals in the '[State of Tamil Nadu], and, with that object, to presoribe by law in w h t way mimsIr ao infected shall be dealt with ; It is hereby enaoted as follows : I. This Aot shall be put in foroe in suoh dietriots, ot pwts of district and during such periods of time, at3 the - -- - 1 These words were substituted for the word uMadra8" by the Tamil Nadu Adaptation of Lawe Order, 1969, es amended by the Tend Nadu Adeptation of Laws ( b u d Amendment) Order* lQBD, whioh oame into force on the 14th Jenuary 1969. Short title, "The Madras Cattle-diseeae Aot. 1866" wss &on by the Repetding and Amending Aot, 1901 (Centrd A& XS of 1901). Madras Act I of 1879 had to be read with this Aot. Ao) I of 1879 has since been repealed by the Temil Nadu R e p and Amending Act, 1967 (Tamil Nadu Act XXV of 1957) . This Act waa extended to the Kanpakumeri dietriot and tho Shenootteh teluk of the Tirunelveli distrrot by eaotion 3 of, and the Ehhedule to, the Tamil Nadu (Transferred Territory) Ex-on of Lam Aot, 1957.(Tamil Nadu Aot XXII of 1957) m p & q tho corresponding law in that tentory. The provkions of this Act have been made inapplioebls to th. disease of rinderpest in any are8 to whioh the provkio~~~ of fb. Tamil Nadu Rinderpest Act, 1940 ( T d Nedn Aot Xgg of lQM), have been applied by notifloation under noofion 1 (3) of thst dot md M long es duoh notifioetion remaim in fo- motion 2 of Tsmil Nsdu Aot XIX of 1940. 8 !fhi~ e mdon waa mbstituted for the e reasian "lbdraa T w d e r p a g ' by.th4 Tarmi Na@u 'hbp'th,bibp o?i$tWO lQ70* ~ & h PP'M &ern& $0 hsve aome into fotd rm the '14a , ,spvmy 1DBD. 4 'Shin e remion wea subrtitutod for the axpm&~) " of Y~KLU? by aid. - I 1866 : T.N. A B ~ n] Oattte-ddaeaa~ 189 i[State &vernment] '[or aubjeot to 8[their] oontrol t ie Board of hvenue] may, from time to time, direct by notification in the *[Official Gazette]. 2. The following words and expressions in this Act Inhrpr6tetion . ., ahall have the meaning hereby assigned to them, unless O1euse. there be something in the subject or context repug nant to suoh construction : the word $'Magistrate" shall include all persons a@M8gistrab" exeroiains all or any of the powers of a Magistrate ; words importing the singula~ number shall include Number. the plural number, and words importing the plural number shall indude the singular number ; words importing the masculine gender shall include Cfsader. . * the feminine ; '[the . word "animal" shall mean any camel; ,,Animd~, buffalo, horse, pony, ass, bull, bullock, cow, heifer, calf, sheep, lamb, goat, kid, swine or dog.] 8. Whenever this Aot shall have been applied, a8 Establiahmmt above provided, to any district, or part of a district, of ho itel- X hospital-pounds shall be established in such places as POun the Magistrate of the district, "or, in the City of Madras] '[the Commissioner of the Corporation] shall determine, andkeepers shall be appointed t o such pounde by the said Magistrate Tor Commissioner, ae the a m may be.] 1 The words dgProvinoial Government" were substituted for the worda "Governor in Council" by the Adaptation Order of 1937 and the word "State" wee substituted for "Provincial" by the ' Adaptation Order of 1060. 1 These worda were ineerted by the Tamil Nadu Decentrelize tion Act. 1914 (Tamil Nedu Act V I I I of 1914). Ttis word wee subetitated for the word "hie" by the Adap Cation Order of 1087. ' 4 Theee worde were substituted for the words "Forb. St. George Gazette" by M. 6 This definition WM substituted for the original definition by the Tamil Nadu O a t t l e - h s e (Amendment) Aot,1963 (Tamil Nadu Aot 20 of 1968). Theee &or& were inserted by Madras Aot I of 1879, a. 1. 7 Them wo& were eubetituted for the words "the Preaident f the Munioipd Uommhlon" by a. 3 of the Madras Cattle-dieearre (Ammdment) Aut, 1931 (Medias Act I I X of 192 1). ' -8' Them wor& asre added by leotion S (1) of, and the Becond Iehedule to, the Tamil aedu Repealing and h e n & n g Aot, l96l (Tamil Nedu Ad XIV of 1961). 'fhe vfllage or village8 by .whioh every hospibl-. :' ' pound is to be used shall be deterrniaed and 'notifilcd by the Magistrate, Wotioe by 4. Whenever, in any district or part of 8 dietriot to Ownw of 08tt1e which thi? Act has been extended as above provided, etteaked by dimare. any animal is attaoked by any oontagious or idectious disease, it shall bo the duty of the owner, or of the person in charge thereof, to give immediate notice to the keepr of the hospital-pound provided for the dlage or township in which the animal may at the time be. Brernin *tion 5. On receiving notice as aforesaid, f 1 e keeper of the by pad- hospit~l-pound ,shall, as soon as possible, examine the ' keeper. animal and shall decide whether it is neoesaary to plaoe it in tho hospital-pound for treatment. ~.moval to 1[6 If ti2 e keeper of a hospitd-pound ehould be o tae bpitel- opinion that the animal has any oontagioua or infeo poppa tioue disease, he may thereupon require the owner of the animal or the person in oharge thereof to plaoe it in the hospital-pound.] potion of 7, Every keeper of a hospital-pound, or person there plaaes in to authorized by the Magistrate of the distriot, %[or, in ani mds. tYle City of Madras,] arthe Commissioner of the aorpo be disc-d ration], shlzll have power, within the range for which 'Vb found. Re is appointed, to enter upon and inspect any permisee or place in which any animal or animls, whiah he suspects to be labouring under any oontagioue or inreotiouq d sease, may be found, and to examine snd inspectawhenever or wherever he may deem it nmesmrg,- ' any animal or aJlimals which he suepeote to be labour ing mder such disease, and to require the removal of suohanimal or anlmals to the hospital-pound for the range. a-sw of 8. Every keeper of hospital-pound, or person thereto premi- in authorized by t l e Magistrate of fhe dietriht, a[or, zzdam-d in the City of Madras,] "the Commis~ioner of the been or i4 1 dsotion 6 was substituted by section 2 of the M&M (lattle. diac+~~ (Amendment) Art, 1021 (M.A. 111 of 1821). a These words were inserted by MadradAot 1'0f IAPO. a. r - -- ---- ". .. These words were substituted for the worda <'the 'presi&$ efthe Munioipd Commission" by a. 3 of the Madran @ttla.&w (WW) A&; 192 l (ME&- Aot Iflt of J021). 2866: T.N. Aot U] - Oafttr-dioecrsr Corporation,] shall hare power, within his rsnge, to muse to be cleansed and disinfected, inany manner whioh he may think proper, any premises in which any animal labouring under any contagious or in feotious disease h s been or may be, and to cause # to be disinfected, and. if necessary destroyed, any D S e o t i o n fodder, manure or refuse-matter which he may deem of fodder, likely to propagate the said disease. 9. From the time when any animal affected as afore- E-fgr k i d is taken charge of by the keeper of the hospital- food and : ,:; pound, all expenses incurred on account of feeding and ~ ' ~ ~ ~ y medical treatment for the said animal shall be borne he. by the cattle-pound fund established under Act I11 of 1867l unless the owner, or person in charge thereof, - , - a $ -.-- .,': 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. 10. The keeper of the hospital-pound, or other person Power to thereto authorized by the Magistrate of the district, '[or, in the City of Madras,] qthe Commissioner of the animels. Corporation,] shall be empowered to destroy any animal either before or after it ha8 been impounded as aforesaid, whenever it shall appear to him to be necessary to pre vent the spread of contagion or infection. when any animal shall have been so destroyed, or Burdof shall die whilst in charge of the keeper of the hospital- carcass. pound, it shall be the duty of the said keeper to have the carcass of the said animal buried a t least six feet below the surface of the ground, and any cost incurred in so doing shall be met from the cattle-pound fund. N& compensation shall be claimable in respect of any B= of claim loss incurred by reason of any act authorized by thisto oompe-tion; section. - - 11. Should an animal impounded as aforesaid recover ,",=$=' from the disease under which it may have been labou- ,,dm ring, the owner or person who was in charge thereof 1 The refemm to this Act should be reed aa if made to the Cattle tmpaw Aot, 1871 (Central Act I of 1871), vide 8. 2 of the latter Aot. 8 Them word3 were inaerted by Madree Act I of 1879, s. 1. 8 Thesa worde were substit$d for the words " the Prepident of the Mnnioipsl Commiglion by 8. 3 of the Madrrrs Cattle-dirwe Amendment) Aot, 1921 (Madras Act TI1 of 1921). shall pay to the keeper of the hospital-pound, to. bd placed to the credit of the cattle-pound fund, the actual cost of the feeding and treatment of such animal. Rooover in Should he fail to pay the expenses aforesaid, then the' Of Isjd animal shall be sold byauction, and the sum mli eed by its sale, after deducting the amount of the expenses, shall be paid over to the owner, or the person who was in charge: ~ w h ~ Provided always that, in suoh cases as the owner or person who was in oharge may elect to supply food and medicine, he shall not be required to pay any chargm . whtever . tu (o r-oval* 12. No person having in his possession, or under hir titsh $ro.* custody, any animal which has been in the ssme shed r o n m d t b or stable, or in the same herd or flock, or in contao); dimasad with any animal labouring under any contagious or uttle. infeotious disease, shall remove such animal alive from his land or premises without the licence of the keeper of the hospital-pound for the range, or of some person authorized by the Magistrate of the district, '[or, in +he City of Madras,] B[the Commissioner of the Corpo. ration,] to grant such licence. Yduaam. Every such licence shall be in writing, and A d only permit the removal of such animal to some place where it can be conveniently kept apart from ell other animals, until the hospital pound-keeper or other person authorized as aforesaid, is satXed the* there is no reasonable probability of such animal pro pagating the disease. pendty fog 18. If any person who may be in charge of any animal z 2 g ~ a t the time of its being attacked by a contagious .nipr.l b or infectious disorder shall fail to give notice to the a'taokod 'I hospital pound-keeper of the village, as reqeed in dinan. mction 4, the said person shall be liable, on conviction before a Magistrate, to a fine not exceeding m p s five for every instance of suchnegleot, commutable, if no) paid, to simple imprisonment for any period not ex meding ten days. n Them worda were ~ubetit;ted for ths words '* t h ~ ~ Prpsibd o t * X u n i o i p d C o m o ~ by0 .30 fMadrudo)~of lO lL 14. Any person who shall fail to comply with the Penalty r;~ . directions of s hospital pound-keeper, or of a person ;$"$z$;be~ . duly authorized by the Magistrate of the district, l[or, cattle pound. in the City of Madras,] %[the Commissioner of the keeperneta. Corporation,] in that behalf, as to the impounding any diseased animal ; or to the disinfecting any premises or place where any diseased animal may hnvc bcen kopt; 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 dieease, shall, on conviction before a Magistrate, bo liable, for every such offence, to a fine of t \ ~ enty rupees, commu table, if not paid, to simple imprisoment for any geriod not exceeding ten days. a[15. I n any-district or part of a district in which this Penalty for Act is in force, hospital pound-keepers, all police officers ~ ~ j ; ~ ~ $ @ & ' ~ not below the mnk of a sub-inspector and such other of diseased persons as the Magistrate of the district, or, in the City animals. of Madras, the Commissioner of the Corporation, may specially empower, may seize and impound all animals suffering from contagious or infectious diseaso, and any person who shall forcibly oppose such seizure, or who shall forcibly rescue the animals after suoh seizure, shall be deemed to have committed an Centrd btm offence punishable under section 186 of the Indian of 1860. Penal Code.] 16. Any person whose animals shall have been seized as being diseased may prefer a complaint against the owner* seizure, a t any time within ten days from the date thereof, to any Magistrate. 1 These words were inserted by Madras Act I of 1879, s. 1. 1 Theee words were sobeituted for the words '' the Presidenti of tho Munioipal Commina~on " tty 8. 3 of the Madras Cattle disease (Amendment) Aot, 1921 (Madras Act 111 of 1921). 8 Seotion 16 was substituted for the original section by a. 2r a. Peer and h e r b be aredited (0 tha revenues of the B t a h The complain4 may be eithef verbal, in which cam the substance of i t 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 oare. 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 beenreleased, 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 1866 l(Tami1 Nadu)* for the recovery of forfeitures or penalties imposed under the authority of Act XXnT of 1869.** 17. All fines levied under this Act shall be credited to $[the revenues of the State] r Provided that it shall be lawful for the officer M a t ing a, fine under this Act to direct any portion thereof, not exceeding one-half, to be paid to the informer. 1 Thew words were substituted for the word " Madrsrr " by the Tamil Nadu Adaptation of Laws Order, 196S1, ae amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969. 9 The words Id the revenues of the Province " were substituted for the words "the cattle-pound fund established under the pro viaions of Act 111 of 1867, which fund shall be available for ~ a y ment of all expenses incurred under the provisions of thie Act by the Adaptation F d e r of 1937 and the word "State" wee substituted for -.Province by the Adaptation Order of 1960. Now W oouaolidated fund of the State. *The T d Nsdu Dirtriot Police (Amendment) &$, 1865. **Th. T d Ndu Du@h Politm &4 1869. 1866: TIN. Aot Ill A - , ,-- - J O ~ e $ i o c ~ r r c 106 1866 : T.N. Act N 2 8njraached Inamo 18. It shall be lawful for the l[State Qovernment] P-c r n h by notioe published in the 4[Official Gazette] to make by.lasr. a d prescribe such by-laws as may from time to time reem necessary for the more effectually preventing the qreading of infectious or contagious diseases among animals ; provided that such by-laws shall not be re pugnant to the provisions of this or m y other Act. P e d t y for A breach of any such by-laws shall render the party bn.oh, liable on conviction before a Magistrate, to a fine noti exceeding rupees ten, oommutable to simple imprison men* for fifteen days. '(TAMIL NADU) ACT NO. IV OF 1866'. [THB )(TAMIL NADU) ENBRANOFUSED IHms BUT, 1866.1 (Received the wsent of the Governor on the 30th Augwt 1866, and of the Governor-Bencral on the 24th September 1866). An Act to exempt enfranchised village or other service inams, whether Revenue or Police, from the operation of Regulation VI of 1831 6. WHEREAS in the 6[State of Tamil Nadu] certain ~~* inams attached to hereditary village or other officere in the Revenue and Police Departments-the claim oonnected with which are, under the provisions of 1 The words "Provincial Government " were substituted for the words "Governor in Council" by the Adaptation 0rd:f of 1937 end the word "State " was substituted for ''Provincial by the Adaptation Order of 1960. a These worda were substituted for the worda '< Fort st. Qsorge G d e " by the Adaptation Order of 1937. 8 These words were substituted for the word Medraa " by th. Tamil Nadu Ada tation of Laws Order, 1969, as amended by the Tamil N& Adaptation of Laws (Second Amendment) Order, 1969? which oame into force on the 14th January 1969. 4 Short title, " The Ma&as Enfranchised Insms Act, 1866 '* W R ~ given by the Repealing end Amending Act, 1901 (Central Aat X I of 1901). AB to the true intent end meaning of this Aot, see Tamil Nedu Aot VIII of 1869. 5 Regulation VI of 1831 haa been repealed by the MadrfU Hereditary Village OBcer Act, 1896 (Madras Act 111 of 189% whioh Medres Act hm since been repeal a d by Tamil Nadu Aoh 20 of 1968. n , @ This eym88ion WM substituted fot the expression " Madran Prenidenoy by the Ternil Nadu Adap ation of Law8 Order, 1970. whioh WM dmmod to hew oonu into fomo on fb. l4fb JULW 1869. \ 1+1B - 1 8 ~