The TAMIL NADU RINDERPEST ACT, 1940

Tamil Nadu · state statute

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1940: T.N. Act XIX) Rinderpest 827

THE TAMIL NADU RINDERPEST ACT, 1940.
TABLE OF CONTENTS.
SECTIONS.
1. Short title, extent and commencement.
2. Tamil Nadu Act II of 1866, not to apply to rinderpest . .
3. Definitions.
4. Veterinary Surgeons and Inspectors.
5. Power to inoculate and regulate movement of animals and to control the holding of
markets, fairs, etc., and traffic in infective animals, etc.
6. Duty of certain persons to report rinderpest.
7. Power of Veterinary Surgeon to hold post mortem.
8. Isolation of infective animals, examination by Veterinary Surgeon, etc.
9. Cleaning and disinfection of vessels and vehicles.
10. Powers to require disinfection of infected premises, vessels and vehicles.
11. Declaration of private infected places and examination of such places by Veterinary
Surgeon.
12. Declaration of public infected places.
13. Declaration of infected areas by the State Government.
14, Removal of animals and other things from infected areas or places.
15. Power to return animals, etc., to infected areas.
16. Powers of entry and inspection.
17. Time for complying with and enforcement of orders.

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1940: T.N. Act XIX) Rinderpest 828

18. Recovery of expenses.
19. Penalties.
20. Penalty for keeping or grazing infective animal in unenclosed land.
21. Penalty for bringing infective animal to market.
22. Penalty for placing carcass of infective animal in river.
23. Penalty for disinterring carcass of disease: animal
24. Arrest without warrant.
25. Institution of proceedings.
26. Jurisdiction of Magistrates.
27. Bar of claim to, compensation.
28. Bar of certain proceedings.
29. Limitation for certain suits and prosecutions.
30. Power to make rules.

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1940: T.N. Act XIX) Rinderpest 829
1[TAMIL NADU] ACT No. XIX OF 1940 2

[THE 1(TAMIL NADU) RINDERPEST ACT, 1940s
(Received the assent of the Governor on the 11TH December 1940 ; first published in
the Fort St. George Gazette on the 17th December 1940.)
An Act to provide for the prevention and control of rinderpest in the
3[State of Tamil Nadu].
WHEREAS it is expedient to provide for the prevention and control of rinderpest in the
3 [State of Tamil Nadu] ; 4[It is hereby enacted as follows :-]
1. (1) This Act may be called the 1(Tamil Nadu) Rinderpest Act, 1940.
(2) It extends to the whole of the 5[State of Tamil Nadu].
(3) This section shall come into force at once, and the 6 (State] Government may, from
time to time, by notification in the Fort St. George Gazette apply
______________________________________________________________________
1. These words were substituted for the word "Madras ’’ by the Ta mil Nadu
Adaptation of Laws Order, 1969, as amended by the Tarnil Nadu Adaptation of
Laws (Second Amendment) Order, 1969.
2. For Statement of Object and Reasons, s ee Fort St. George George Gazette,
dated the 21st May 1940, Part IV-A, page 42.
This Act was extended to the Ka nyakumari district and the S hencottah taluk of
the Tirunelveli district by section 3 of, and the Schedule to, the Tamil Nadu
(Transferred Territory) Extension of Laws Act, 1957 (Tamil N addu Act XXII of
1957).
3. This expression was substituted for th e expression "Province of Madras" by the
Tamil Nadu Adaptation of Laws Order, 1970, which wa s deemed to hav e come
into force on the 14th January 1969.
4. These words were substituted for the paragraph containing the enacting formula
and the Paragraph preceding that paragraph by section 5 of the Tamil Nadu Re -
enacting and Repealing No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).
5. This expression was substituted for the expression "state of Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu
Adaptation of Laws (Second Amendment) Order, 1969.
6. This word was substituted for the word ' Provincial" b y the Adaptation order of
1950.
 Section I came into force on the 17th December 1940. The remaining sections
have been applied to certain portions of the State by notification from time to
time.
Short title,
extent and
commenc
ement.
4
830 Rinderpest [1940: T.N. Act XIX

all or any of the remaining provisions of this Act to the whole or any portion of the '[State
of Tamil Nadu] from such date and for such p eriod, if any, as may be specified in the
notification, and may cancel or modify any such notification.
2. 2 Nothing contained in the 2 (Tamil Nadu) Ca ttle Disease Act, 1866
shall apply to the disease of rinderpest in any area to which the
provisions of this Act 1866 have been applied by notification under
sub-section (3)of section 1 so long as such notification remains in force.

3. In this Act, unless there is anything repugnant in the subject or context

(a) ‘’ animal’’ means any camel, buffalo, bull, bullock, cow, heifer, calf, sheep, lamb,
goat, kid, swine, or deer ;

(d) " infective animal " means any animal which is affected with rinderpest or has
recently been in contact with, or in close proximity to, an animal so, affected; and

(e) " prescribed " means prescribed by rules made under this Act.

4. (1) The 3[State] Government may appoint any person they think fit to be a
Veterinary Surgeon for the purposes of this Act within such local limits as they
may assign to him.

(2) The 3[State] Government may appoint any person they think fit to be an
Inspector for all or any of the purposes of this Act within such local limits as they may
assign to him
_____________________________________________________________________

1. This expression was substituted for the expression ‘’State of Madras’’ by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu
Adaptation of Laws (Second Amendment) Order 1969.

2. These words were substituted for the word “Madras’’ by ibid.

3. This word was substituted for the word "Provincial ': by the Adaptation Order
of 1950.

2{Tamil
Nadu] Act
II of 1866
[Tamil Nadu]
Act II of
1866,
o apply to
Rinderpest.
----
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1940: T.N. Act XIX) Rinderpest 831
(3) A Veterinary Surgeon shall within the local ,limits assigned to him have all
the powers of an Inspector under this Act, and may exercise such powers concurrently
with his powers as Veterinary surgeon.

(4) Every person appointed under this section shall be deemed to be a
public servant within the meaning of the Indian Penal Code.

5. The 1[State] Government may for the purpose of preventing the outbreak or
spread of rinderpest in or from any area, by notification in the Fort St.
George Gazette,

(a) direct that all animals in such area or any class of such animals
shall be 2[compulsorily inoculated and marked with a prescribed mark] in
accordance with such rules as may be prescribed or such directions as may
be specified in the notification ;

(b) prohibit or regulate in such manner and to such extent as may be
prescribed or as may be specified in the notification, the bringing into such
area from any other area in the 3[State] or any part thereof, the removal from
such area into any other area in the 3[State] or any part thereof, or the
transport from one place to another in such area, of any animals alive or dead, or of any
products of animals or of any parts of animals, or of any fodder, bedding or other thing
used in connexion with animals which may, in the opinion of the l [State) Government,
carry infection ; or

(c) prohibit or regulate in such manner and to such extent as may be prescribed
or as may be specified in the notification in such area or any part thereof or any other
area in the 3 [State]--

(i) the holding of animal markets, ani mal fairs. animal exhibitions or other
concentrations of animals ; or
______________________________________________________________________
1. This word was substituted for the word “Provincial" by the Adaptation Order of
1950.
2. These words were substituted f or the words “compulsorily inoculated” by
section 2 of the Tamil Nadu Rinderpest (Amendment) Act, 1964 (Tamil Nadu
Act 14 of 1964).
3. This word was substituted for the word ‘’Provincial” by the Adaptation Order of
1950.
Central Act
XLV of 1860
Power to
inoculate
and regula te
movement of
animals and
to control the
holding of
markets,
fairs, etc.,
and traffic in
infective
animals, etc.
6

1940: T.N. Act XIX) Rinderpest 832

(ii) the sale of, or other traffic in, infective animals or their products or the
carcasses of animals which at the time of their death were infective, or any parts of
such animals or any fodder, bedding or other thing used in connexion with such animals
which may, in the opinion of the 1[State] Government, carry in-fection.
6. Every owner or person in charge of, and every vete rinary practitioner
who has been called to treat, an animal which he has reason to believe to be
affected with rinderpest shall forthwith report the fact to the inspector exercising
powers in the area.
7. Subject to such rules as may be prescribed, the Vet erinary surgeon
may make or cause to be made a post -mortem examination of any animal
which at the time of its death was infective or is suspected to have been then
infective, and for this purpose he may c ause the carcass of a ny such animal
to be exhumed.
8. (1) Where an I nspector has reason to believe that any animal is
infective, he may, by order in writing, direct the owner or p erson in charge of
such animal to keep it where it is for the time being, or to remove it or allow it
to be removed to such place of isolation or segregation as may be specified
in the order :
Provided that where there is no person in charge of the animal and the
owner is unknown or the order cannot be communicated to him without
undue delay, the Inspector may seize the animal and remove it to a place of isolation or
segregation.
(2) The Inspector shall forthwith report to the Veterinary Surgeon every order of
seizure made under sub-section (1).
_____________________________________________________________________
1 This word was substituted for the ward Provincial” by the Adaptation order of 1950.

Duty of
certain
persons to
report
rinderpest.
Power of
Veterinary
Surgeon to
hold
postmortem
Isolation of
infective
animals,
examination
by Veterinary
Surgeon.
etc.
7
1940: T.N. Act XIX) Rinderpest 833

(3) On receipt of a report under sub -section (2), the Veterinary Surgeon shall as
soon as possible examine the animal and all animals with which it has been in contact
or to which it has been in close proximity, and for this purpose may submit any animal to
any test which may be prescribed in this behalf.
(4) (a) If after such examination the Veterinary Surgeon is of opinion that any
animal is not infective, the Inspector shall forthwith return it to the person who in his
opinion is entitled to its possession :
Provided that where such person cannot in the opinion of the Inspector be found
after reasonable inquiry, he shall send the animal to the nearest cattle pound or deal
with it in such other manner as may be prescribed.
(b) If after such examination the Veterinary Surgeon certifies in writing that any
animal is affected with rinderpest the Inspector shall destroy the animal or deal with it in
such other manner as may be prescribed.
(c) If after suc h examination the Veterinary Surgeon certifies in writing that any
animals is infective though not affected with rinderpest, the animal shall be subjected to
such treatment, if any, and be otherwise dealt with in such manner as may be
prescribed.
9. (1) Every vessel or vehicle used by a common carrier for the
transport of animals shall be cleaned and disinfected periodically in such
manner as may be prescribed.
(2) The 1[State] Government may appoint places where an Inspector
may detain and inspect any such vessel or vehicle, and if it is not in a sanitary condition,
require it to be cleansed and disinfected in the prescribed manner.
____________________________________________________________________
1. This word was substituted for the word " Provincial’’ by the Adaptation Order of
1950.

Cleaning and
disinfection
of vessels
and vehicles.
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1940: T.N. Act XIX) Rinderpest 834

(3) This section shall not apply to the rolling stock of any railway.

10. Subject to such rules as may be prescribed, the Veterinary surgeon
may, by order in writing, require the owner, occupier or person in charge of
any building, yard, vessel or vehicle in which an infective animal has been
kept, to have such building, yar d, vessel or vehicle disinfected, and the
internal fittings thereof and other things found there to be disinfected or
destroyed in such manner and to such extent as may be specified in the order.

11. (l) If the Inspector has reason to believe that there is an infective
animal in any field, yard or b uilding in which animal s are kept, temporarily or
otherwise, he shall at once, by order in writing, declare the place to be an
infected place, and shall deliver a copy of the order to the owner, occ upier or
person in charge of the place and report his action to the Veterinary Surgeon :
Provided that this sub -section shall not apply to any place owned by, or
under the control or management of, any local authority or railway
administration where animals are kept temporarily for purposes of sale,
exhibition or transit.

(2) On the receipt of a report under sub-section (I), the Veterinary Surgeon
shall as soon as possible examine the infected place and the animals kept
therein and confirm or cancel the order of the Inspector.

(3) If the Veterinary Surgeon confirms the order. he may cause notice to
be served on the owners, occupiers or persons in charge of all places in which
animals are kept, temporarily or otherwise, within a radius not exceeding one
mile from the infected place to be infected places.

The Veterinary Surgeon sh all forthwith report his action under this sub -
section to the prescribed authority.

Powers to
require
disinfection
of infected
premises,
vessels and
vehicles.
Declaration
of private
infected
places and
examination
of such
places by
Veterinary
Surgeon.
9
1940: T.N. Act XIX) Rinderpest 835

(4) If the Veterinary Surgeon cancels the order, the place speci fied in such order
shall cease to be an infected place and the Inspector shall give notice accordingly to the
owner, occupier or person in charge of such place.

12. (1) If the Veterinary Surgeon has reason to believe that any infective
animal is or has been kept in any place owned, controlled or managed, by any
local authority or railway administration where animals are kept temporarily for
purposes of sale, exhibition or transit, he may, by order in writing, dec lare such
place to be an infected place.

(2) The Veterinary Surgeon shall-

(a) cause a copy of the order passed by him under sub -section (1) in the
language of the locality, to be exhibited prominently in the infected place ;

(b) cause a copy of such order to be delivered at the office of the local authority
or to the nearest station-master of the railway administration, as the case may be;

(d) forthwith report his action to the prescribed authority.

13. (1) On receipt of the report of the Veterinary Surgeon under sub -
section (3) of section 11 or under -sub-section (2) of section 12, the prescribed
authority shall, after making such fur ther inquiry, if any, as it thinks fit, submit
such report with its remarks thereon if any, to the '[State] Government who
may-

(a) confirm any declaration made under section
11 (I), 11 (3) or 12 (1) either with or without or modifications; or
(b) cancel any such declaration.
1. This word was substituted for the word "Provincial’’ by the Adaptation Order of
1950.
Declarati
on of
public
infected
places.
Declaration
areas by the
State
Government
10
1940: T.N. Act XIX) Rinderpest 836
(2) (a) Where the 1(State) Government co nfirm any such declaration either with
or without modifications, a notification shall be published in the Fort St. George Gazette
defining the limits of the area to which the declaration with the modifications, if any,
made therein, shall apply and declaring such area to be an infected area.
(b) On the publication of a notification under clause (a), any place declared by
the Inspector or Veterinary Surgeon to be an infected place and not included in the
infected area as defined in such notification shall cease to be an infected place and
the Inspector shall give notice accordingly to the owner, occupier or person in charge of
such place.
(c) The Inspector shall cause to be exhibited in some prominent place in the
infected area and in the language of the ar ea, a copy of the notification under clause
(a).
(d) The 1[state] Government may by notification published in the Fort St. George
Gazette add to, amend, vary or rescind any notification published under clause (a)
either on their own motion or on a subseque nt report of the Veterinary Surgeon
submitted through the prescribed authority. The Inspector shall cause to be exhibited in
some prominent place in the infected area a copy of every such notification in the
language of the area.

(3) Where the 1[State] Government cancel any declaration referred to in sub -
section (I), the place specified in such declaration shall cease to be an infected place
and the Inspector shall give notice accordingly to all .persons to whom copies of such
declaration were delivered or on whom notices of such declaration were served.
14. (1) Where any area or place has been declared to be an infected area
or place under the foregoing provisions of this Act no person shall, while such
declaration remains in force, remove any animal, alive
________________________________________________________________
1. This word was substituted for the word "Provincial’’ by the Adaptation Order of
1950.
Removal
of
animals
and -
11
1940: T.N. Act XIX) Rinderpest 837
or dead, or any product of an animal, or any part of an animal, or any fodder, bedding
or other thing used in co nnexion with an animal, save in accordance with the
conditions of a licence granted by the Inspector.
(2) Nothing in sub-section (I) shall prevent the Carriage by railway of any animal
or thing referred to in that sub-section through an infected area or place:
Provided that where any such animal or thing while in transit through an infected
area or place is unloaded therein, it shall not be removed there from save in accordance
with sub-section (1).
15. Where any animal or thing is removed from an infected area or place
otherwise than in accordance with a licence granted under section 14,
any Inspector or Police Officer may require the owner or person in charge of
such animal or thing to return it to such area or place:
Provided that nothing in this section shall affect the powers of an
Inspector under section 8 to deal with infective animals.
16. Subject to such rules as may be prescribed,
an Inspector may enter and inspect any land, building or other place or any
vessel or vehicle, for the purpose of exercising the powers or performin g the
duties conferred or imposed on him by or under this Act.
17. (1) Where by any notice, requisition or order

under this Act or under any notification or rule issued thereunder any person is
required to take any measures or to do anything in respect of any property
owned or Occupied by him or in his charge, a reasonable time shall be specified
in such notice, requisition or order within which such measures shall be taken or
such thing shall be done, as the case may be.

(2) If such measures are not taken or such thing is not done within the time so
specified, the authority issuing the notice, requisition or order may cause the measures
to be taken or the thing to-be done at the expense of the person concerned.

Power to
return
animals,
etc., to
infeeted
areas.
Power of
entry and
inspection.
Time for
complying
with and
enforceme
nt of
orders.
12
1940: T.N. Act XIX) Rinderpest 838

18. Where any action. is taken under section 17 or any other provision of
this Act or any notification or rule issued thereunder in respect of any property at
the expense of any person, the authority taking such action shall draw up a
certificate stating the amount of the expenses incurred and th e person from whom
such amount is recoverable, and the a mount specified shall be recoverable from such
person as if it were an arrear of land revenue due by him.

19. Whoever –

(a) fails to comply with or contravenes the terms of any notification issued
under section 5, or

(b) fails to report that an animal is infective as required by section 6, or

(d) being a common carrier, fails to cleanse or disinfect any vessel or vehicle
used for the transport of animals in such manner as may be required under sub-section
(1) or sub-section (2) of section 9, or

(e) fails to comply with an order made by a Veterinary Surgeon under section
10, or

(f) removes any animal or thing from any infected Area or place in contravention
of section 1 4,

shall be punished with fine which may extend to fifty rupees in the case of a first
conviction and to one hundred rupees in the case of second or subsequent conviction
whether under the same or any other clause of this section.

20. Whoever keeps or grazes in or on any forest, open field, roadside, or
other enclosed land, to which other persons have a right of access for their
animals, any animal which he knows to be infective, shall be punished with fine
which may extend in the case of a first conviction to fifty rupees and in the case, of
a second or subsequent conviction to one hundred rupees.

Recovery
of
expenses
Penalties.
Penalty for
keeping or
grazing
infective
animal in
unenclosed
land.
13
1940: T.N. Act XIX) Rinderpest 839
21. Whoever brings or attempts to bring into any market, fair, exhibition' or other
concentration of animals, any animal which he knows to be infective shall be punished
with fine which may extend in market the case of a first conviction to fifty
rupees and in the case of a second or subsequent conviction to one hundred
rupees.
22. Whoever places, or causes or permits to be placed, in an y river,
canal, or other water, or in the sea within such distance from the shore as may be
prescribed, the carcass or part of the carcass of any animal which at the time of its
death was infective or which was destroyed as being infective or suspected of
being infective, shall be punished in the case of a first conviction with
imprisonment for a term which may extend to six months or with fine which may
extend to one hundred rupees or with both and in the case of a second or
subsequent conviction with imprisonment for a term which may extend to six
months or with fine which may extend to five hundred rupees or with both.

23. Whoever, without lawful authority, disinters or causes to be disinterred the
carcass or part of the carcass of any animal which at the time of its death
was infective or which was destroyed as being infective or suspected of being
infective shall be punished with fine which may extend in the case of a fi rst
conviction to fifty rupees and in the case of a second or subsequent conviction
to one hundred rupees.

24. Any Police Officer not below the rank of Sub-Inspector may, without an order
from a Magistrate and without a warrant, arrest any person who has been
concerned in an offence against any of the provisions of this Act relating to
infective animals or to infected areas or places declared to be such under this
Act.
25. No Magistrate shall take cognizance of any off ence under this Act
except upon the complaint or report of a Veterinary Surgeon.

Penalty for
bringing
infective
animal to
market.
Penalty for
placing
carcass of
infective
animal in
river.
Penalty for
disinterring
carcass of
diseased
animal.
Arrest
without
warrant.
Institution of
proceedings.
14
1940: T.N. Act XIX) Rinderpest 840
26. No Magistrate shall try any offence under this of Act unless he is a
Presidency Magistrate ,* a Magistrate of the first class,* or a Magistrate of the
second class* specially empowered in this behalf by the 1[State], Government.
27. No person shall be entitled to any compensat ion in respect of the
destruction of any animal or thing or of any other loss, injury, detriment or
inconvenience caused to him by reason of anything done under this Act in good
faith.
28. (1) No suit, prosecution or other proceeding. shall lie against any
officer or servant of the 1[State] Government for any act done or purporting to be
done under this Act, without the previous sanction, of the 1[State] Government.
(2) No officer or servant of the 1[State] Government shall be liable in respect of
any such act in any civil or criminal proceeding if the act was done in good faith in the
course of the execution of duties or the discharge of functions impose d by or under this
Act.
29. No suit shall be instituted against the 2[Government] and no suit,
prosecution or other proceeding shall be instituted against any officer or
servant of the 1[State] Government in respect of any act done or purporting to
be done under this Act, unless the suit, prosecution or other proceeding is
instituted within six months form the date of the act complained of.
____________________________________________________________________
1. This word was substituted for the word "Provincial" by the A daptation Order of
1950.
2. This word was substituted for the word " Crown " by ibid
*According to clauses (a), (b) and (c) of sub -section (3) of section 3 of the code
of Criminal Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of
the first class, to a Magistrate of the second class or of the third class and to a
Presidency Magistrate, shall be construed as a reference to a Judicial Magistrate of the
first class, a Judicial Magistrate of the second class and to a Metropolitan Magistrate
respectively.

Jurisdiction
of
Magistrates.
Bar of claim
to
compensati
on.
Bar of
certain
proceedings
.
Limitation for
certain suits
and
prosecutions
.
15
1940: T.N. Act XIX) Rinderpest 841

30. (1) The 1[State] Government may make rules power to carry out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for-
(a) the tests to be applied to animals suspected of being infective ;
(b) the isolation or segregation, detention, treatment (curative and preventive)
and destruction or disposal otherwise of animals which are infective or suspected of
being infective and the destruction or disposal otherwise of the products of such
animals, of their carcasses and of the fodder, bedding or other things used in connexion
with them ;
(c) the manner in wh ich animals and things seized under this Act and not liable
to destruction shall be dealt with and disposed of;
(d) the disinfect ion of vessels o r vehicles used - by common carriers, the
cleansing and disinfection of buildings, yards and other places used for animals, and the
destruction of infected matter or things found therein or near thereto ;
(e) the circumstances under which licences may be granted by an I nspector
under section 14, and the form and conditions of such licenses;
(f) the determination of the persons from whom any expenses incurred in
connexion with the enforcement of this Act shall be recovered;
(g) the expenses to be allowed in certificates drawn up under section 18 ;
(h) the powers a nd functions and the procedure of Inspectors and Veterinary
Surgeons;
(i) the manner in which any report or notice under this Act, shall be made or
given; and
(j) all other matters expressly requir ed or allowed by this Act to be prescribed.
_____________________________________________________________________
1 This word was substituted for the word "Provincial" by the Adaptation Order of
1950.

Power to
make rules.
16
1940: T.N. Act XIX) Rinderpest 842

(3) In making a rule under subsection (I) or sub-section (2), the 1[State]
Government may provide that a breach thereof shall be punishable with fine which map
extend in the case of a first conviction to fifty rupe es and in the case of a second or
subsequent conviction to one hundred rupees. –
2[(4) All rules made under this section shall be published in the Fort St. George
Gazette and unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published.
(5) Every rule made under this section shall, as soon as possible after it is made,
be placed on the table of both Houses of the Legislature. and if, before the expiry of the
session in which it is so pla ced or the next session, both Houses a gree in making any
modification in any such rule or both Houses agree that the rule should not b e made,
the rule shall thereafter have effect only in such modified form or be of no effect. as the
case may be, so howeve r that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.]

______________________________________________________________________
1. This word was substituted for the word "Provincial ’’ by the Adaptation Order of
1950.
2 These sub -sections were substituted for t he original sub -section; ( 4) and (5) by
section 3 of the Tam il Nadu Rinderpest (Amendment Act 1964 (Tamil Nadu Act 14 of
1964).

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