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
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
(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
(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.
(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.
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.
(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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