THE DOURINE ACT,
1910
( V of
1910)
[25th
February, 1910]
An
Act
to provide for the
prevention of spread of dourine
Whereas it is
expedient to provide for the prevention of the spread of dourine; it is hereby
enacted as follows:-
1.
Short
title and extent.- (1) This Act may be called the Dourine Act, 1910.
(2)
This section extends to all the Provinces and the
Capital of the Federation:
the rest of this Act extends only to such areas as the
Provincial Government may, by notification in the Official Gazette, direct.
2.
Definition.-
In this Act, the expressions “Inspector” and “Veterinary Practitioner”
mean, respectively, the officers appointed as such under this Act, acting
within the local limits for which they are so appointed.
(2)
The provisions of this Act in so far as they relate to
entire horses shall, if the Provincial Government by notification as aforesaid,
so directs, apply also to entire asses used for mule – breeding purposes.
3.
Registration.-
The Provincial Government may, by notification as aforesaid, make such
orders as it thinks fit directing and regulating the registration of entire
horses maintained for breeding purposes.
4.
Appointment
of Inspectors and Veterinary Practitioners.- The Provincial Government may,
by notification as aforesaid, appoint any persons it thinks fit to be
inspectors, and any qualified veterinary surgeons to be veterinary
practitioners, under this Act, and to exercise and perform, within any area
prescribed by the notification, the powers conferred and duties Imposed by this
Act upon such officers respectively.
(2)
Every person so appointed shall be deemed to be a
public servant within the meaning of the Pakistan Penal Code.
5.
Powers of
Inspectors.- An inspector may, subject to such rules as the Provincial
Government may make this behalf:-
Enter and search any building,
field or other place for the propose of ascertaining whether there is therein
any horse which is affected with dourine[1];
(a)
Prohibit, by order in writing, the owner or keeper of
any horse, which in his opinion is affected with dourine, from using such horse
for breeding purposes, pending examination by the veterinary practitioner;
(b)
2Direct,
by order in writing the owner or keeper of any horse which, in the opinion of
the inspectors, is affected with dourine to remove it or permit it to be
removed for the purpose of segregation to a place specified in the
order, and such direction shall
be sufficient authority for the detention of the horse in that place for that
purpose.
6.
Duties of
Inspector.- An inspector issuing an order under section 5, shall forthwith
forward a copy of such order to the veterinary practitioner.
7.
Inspection
of Horses.- A veterinary practitioner receiving a copy of an order
forwarded under section 6 shall, as soon as possible after receipt of such
copy, examine the horse mentioned therein, and may for such purpose enter any
building, field or other place.
8.
Powers of
Veterinary Practitioner.- A veterinary practitioner may:
(b)
If on microscopically examination or by other
scientific test he finds that any horse in affected with dourine,
(i)
In the case of an entire horse, cause it to be
castrated,
(ii)
[3]In
the case of a mare, with the previous sanction of such authority as the 5Provincial Government
may appoint in this behalf, or, if so empowered by the Provincial Government without
such sanctions, cause it to be destroyed.
9.
Compensation
for Horse destroyed etc.- When any horse is castrated or destroyed under
section 8, the market-value of such horse immediately before it became affected
with dourine shall be asetertained : and the Provincial Government shall pay as
compensation to the owner thereof:
(a)
In the case of a mare which has been destroyed, or an
entire horse which has died in consequence of castration, such market-value,
and,
(b)
In case of an entire horse which survives castration,
half the amount by which such value has been diminished owing to infection with
dourine and castration.
10.
Settlement
of Compensation.- (1) A veterinary practitioner may award, as compensation
to be paid under section 9 in respect of each horse castrated or destroyed
under section 8, a sum not exceeding two hundred and fifty rupees.
(2)
If, in the opinion of the veterinary practitioner, the
amount which should be paid as such compensation exceeds two hundred and fifty
rupees, he shall report accordingly to the Collector, who shall decide the
amount to be so paid.
11.
Committees
for Hearing appeals.- (1) The Provincial government shall, by rules
published in the [4]Official
Gazette, make provision for the constitution of a committee or [5]committees for the
hearing of appeals from decisions under section10.
(2)
Such rules shall provide that not less than one member
of any committee constituted thereunder shall be a person not in the service of
the Crown or of a local authority.
12.
Appeals.-
Any owner may, within two months from the date of a decision under section
10, appeal against such decision to the committee constituted in that behalf by
rules made under section 11, and the decision of such committee shall be final.
13.
Vexatious
Entries and Searches.- (1) Whoever, being an inspector appointed under this
Act, vexatiously and unnecessarily enters or searches any field, building or
other place, 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.
14.
Rules.-
(1) The Provincial Government may make rules for the purpose of carrying into
effect the provisions of this Act.
(2)
In particular, and without prejudice to the generality
of the foregoing power such rules as aforesaid may :
(a) [6]Regulate
the exercise of the powers conferred on inspectors under section 5;[7](b) Regulate the action to be taken by veterinary
practitioners under section 8.
(3)
All such rules shall be published in the Official
Gazette, and, on such publication, shall have effect as if enacted in this Act.
(4)
In making any rule under this section the Provincial
Government may direct that a breach of it shall be punishable with fine which
may extend to fifty rupees.
15.
Penalties.-
Whoever uses or permits to be used for breeding purposes:
(a)
Any horse which has not been registered in accordance
with the
requirements of a notification
under section 3, or
(b)
[8]Any
horse in respect of which an order under clause (b) or clause (c) of section 5
is in force shall be punishable with fine which may amount, in the case of a
first conviction, to fifty rupees, or in the case of a second or subsequent
conviction, to one hundred rupees.
16.
Prosecution
of 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.
[1] The word “and” omitted by
the Dourine (Amendment) Act, 1920 (8 of 1920), S.2. 2 Clause (c) Ins., ibid.
[2]
The words, brackets and letter “clause (b)” omitted by Dourine (Amendment) Act,
1920 (8 of 1920), S.3.
[4] Subs. ibid.,for “Local
official Gazette”.
[5] The original words
“employee of Government” were subs. by A.O., 1937 and then amended by A.O.
1961, Art. 2 (with effect from the 23 rd March, 1961), to read as above.
[6]
Subs. by the Dourine (Amendment) Act, 1920 (8 of 1920) S.5, for the original
clause (a).
[7]
The word “and” at the end of clause (b), and clause(c) omitted, ibid.
[8] Subs. by the Dourine
(Amendment) ACT, 1920 (8 OF 1920), S.6. for the original clauses (b) and (c).
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