LexThe Telangana Cattle-Disease Act, 1866.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CATTLE-DISEASE ACT, 1866.
(ACT NO. II OF 1866)
ARRANGEMENT OF SECTIONS
Sections
1. Act to be extended to such places, and during such
period of time, as the State Government think
proper.
2. Interpretation clause.
3. Establishment of hospital-pounds.
4. Notice by owner of cattle attacked by disease.
5. Examination by pound-keeper.
6. Removal to hospital Pound.
7. Inspection of places in which animals suspected to
be diseased, are found.
8. Cleansing of premises in which diseased animal
has been or is disinfection of fodder etc.
9. Expenses for food and treatment by whom to be
borne.
10. Power to destroy diseased animals.
11. Owner to pay costs for animals cured.
12. Bar to removal, without licence, of animal in contact
with diseased cattle.
13. Penalty for failing to give notice when animal is
attacked by disease.
14. Penalty for refusing to obey directions of cattle
pound-keeper, etc.
15. Penalty for opposing seizure and impounding of
diseased animals.
2 [Act No. II of 1866]
16. Complaint of seizure by owner.
17. Fees and fines to be credited to the revenues of the
State.
18. Power to make bye-laws.
Power to remove difficulties.
THE TELANGANA CATTLE-DISEASE ACT, 1866.1
ACT No.II OF 1866.
1. This Act shall be put in force in such districts, or parts
of district and durin g such periods of time, as the State
Government or subject to their control the Board of Revenue
may, from time to time, direct by notificati on in the Official
Gazette.
2. The following words and expressions in this Act shall
have the meaning hereby assigned to them, unless there be
something in the subject or context repugnant to such
construction:-
the word “Magistrate” shall include all persons
exercising all or any of the powers of a Magistrate;
words importing the singular number shall include the
plural number and words importing the plural number sh all
include the singular number;
words importing the masculine gender shall include the
feminine;
1. The Andhra Pradesh (Andhra Area) Cattle -Disease Act, 1866 received
the assent of the Governor on the 16 th March, 1866. The said Act II of
1866 has been amended and extended to the transferred territory as in
section 3(1) of the State s Reorganisation Act, 1956 (Central Act 37 of
1956) by Act No.I of 1961 and the short title was amended as the
Andhra Pradesh Cattle -Disease Act, 1866 by Act XLII of 1961. The said
Act in force in the combined State, as on 02.06.2014, has been adapted
to the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws Order, 2016, issued in G.O.Ms.No.4 5, Law (F)
Department, dated 01.06.2016.
Interpretation
clause.
Act to be
extended to such
places, and
during such
period of time, as
the State
Government think
proper.
Magistrate.
Number.
Gender.
2 [Act No.II of 1866]
the word “animal” shall mean any camel, buffalo,
horse, pony, ass, bull, bullock, cow, heifer, calf, sheep,
lamb, goat, kid, dog or swine.
3. Whenever this Act shall have been applied, as above
provided, to any district, or part of a district, hospital -
pounds, shall be established in such places as t he
Magistrate of the district, 2[or in the cities of Hyderabad and
Secunderabad, th e Commissioner of the Municipal
Corporation] shall determi ne, and keepers shall be
appointed to such pounds by the said Magistrate 2[or
Commissioner as the case may be].
The village or villages by which every hospital -pound is
to be used shall be determined and notified by the
Magistrate.
4. Whenever, in any district or part of a district to which
this Act has been extended as above provided, any animal
is attacked by any contagious or infectious d isease, it shall
be the duty of the owner, or of the person in charge thereof,
to give immediate notice to the keeper of the hospital-pound
provided for the village or township in which the animal may
at the time be.
5. On receiving notice as aforesaid, the keeper of the
hospital-pound shall, as soon as possible, examine the
animal and shall decide whether it is necessary to place it in
the hospital-pound for treatment.
6. If the keeper of the hospi tal-pound should be of
opinion that the animal has any contagious or infectious
disease, he may thereup on require the owner of the animal
or the person in charge thereof to place it in the hospital -
pound.
2. Inserted by Act No.I of 1961.
Establishment of
hospital-pounds.
Notice by owner
of cattle attacked
by disease.
Examination by
pound-keeper.
Removal to the
hospital Pound.
Animal.
[Act No.II of 1866] 3
7. Every keeper of a hospital -pound, or person thereto
authorized by the Magistrate of the district, 3[or in the cities
of Hyderabad and Secunderabad, the Commissioner of the
Municipal Corporation] shall have power, within the range
for which he is appointed, to enter upon and inspect any
premises or place in which any animal or animals, which he
suspects to be labouring under any contagious or infectious
disease, may be found, and to examine and inspect,
whenever or wherever he may deem necessary, any animal
or animals which he suspects to be labouring under such
disease, and to require the removal of such animal or
animals to the hospital-pound for the range.
8. Every keeper of a hospital -pound, or person thereto
authorized by the Magistrate of the district 3[or in the cities
of Hyderabad and Secunderabad, the Commissioner of
Municipal Corporation] shall hav e power, within his range,
to c ause to be cleansed and disinfected, in any manner
which he may think proper, any premises in which any
animal labouring under any contagious or infectious disease
has been or may be, and to cause to be disinfected, and, if
necessary destroy ed, any fodder, manure or refuse -matter
which he may deem likely to propagate the said disease.
9. From the time when any animal affected as aforesaid is
taken charge of by the keeper of the hospital -pound, all
expenses incurred on account of feeding and medical
treatment for the said animal shall be borne by 4[the State
Government] unless the owner, or person in charge thereof,
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.
3. Inserted by Act No.I of 1961.
4. Substituted by Act No.I of 1961.
Inspection of
places in which
animals
suspected to be
diseased, are
found.
Cleansing of
premises in which
diseased animal
has been or is
Disinfection of
fodder etc.
Expenses for food
and treatment by
whom to be
borne.
4 [Act No.II of 1866]
10. The keeper of the hospital -pound, or other person
thereto authorized by the Magistrate of the district, 5[or in
the cities of Hyderabad and Secunderabad , the
Commissioner of the Municipal Corporation] shall be
empowered to destroy any animal either before or after it
has been impounded as aforesaid, whenever it shall appear
to him to be necessary to prevent the spread of contagion
or infection.
When any animal shall have been so destroyed, or
shall die whilst in charge of the keeper of the hospital -
pound, it shall be the duty of the said keeper to have the
carcass of the said animal buried at least six feet below the
surface of the ground, and an y cost incurred in so doing
shall be met 6[from the revenues of the State].
No compensation shall be claimable in respect of any
loss incurred by reason of any act authorized by this
section.
11. Should an animal impounded as aforesai d recover
from the disease under which it may have been labouring,
the owner or person who was in charge thereof shall pay to
the keeper of the hosp ital-pound, 6[to be credited to the
revenues of the State] , the actual cost of the feeding and
treatment of such animal.
Should he fail to pay the expenses aforesaid, then the
said animal shall be sold by auction, and the sum realized
by its sale, after deducting the am ount of the expenses,
shall be paid over to the owner, or the person who was in
charge:
5. Inserted by Act No.I of 1961.
6. Substituted by Act No.I of 1961.
Power to destroy
diseased animals.
Owner to pay
costs for animals
cured.
Burial of carcass.
Bar of claim to
compensation.
Recovery in case
of default.
[Act No.II of 1866] 5
Provided always that, in such cases as the owner or
person who was in charge may elect to supply food and
medicine, he shall not be requ ired to pay any charges
whatever.
12. No person having in his possession or under his
custody, 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
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, 7[or in the cities of Hyderabad and
Secunderabad, the Commi ssioner of the Municipal
Corporation] to grant such licence.
Every such licence shall be in writing, and shall only
permit the removal of such animal to some place where it
can be conveniently kept apart from all other animals, until
the hospital pound -keeper or other person authorised as
aforesaid, is satisfied that there is no reasonable probability
of such animal propagating the disease.
13. If any person who may be in charge of any animal at
the time of its being attacked by a contagious or infectious
disorder shall fail to give notice to the hospital pound-keeper
of the village, as required in section 4, the said person shall
be liable, on conviction before a Magistrate, to a fine not
exceeding rupees five for every instance of such neglect,
commutable if not paid, to simple imprisonment for any
period not exceeding ten days.
7. Inserted by Act No.I of 1961.
Bar to removal,
without licence, of
animal in contact
with diseased
cattle.
Penalty for failing
to give notice
when animal is
attacked by
disease.
Owner when not
chargeable.
Licences.
6 [Act No.II of 1866]
14. Any person who shall fail to comply with the directions
of a hospital pound -keeper, or of a person duly authorized
by the Magistrate of the district, 8[or in the cities of
Hyderabad and Secunderabad, the Commissi oner of the
Municipal Corporation] in that behalf, as to the impounding
any diseased animal; or to the disinfecting any premises or
place where any diseased animal may have been kept; 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 disease, —shall, on conviction
before a Magistrate, be liable for every such offence, to a
fine of twenty rupees, commutab le, if not paid, to simple
imprisonment for any period not exceeding ten days.
15. In any district or part of a district in which this Act is in
force, hospital pound -keepers, all police officers not below
the rank o f a sub -Inspector and such other persons as the
Magistrate of the district 8[or in the cities of Hyderabad and
Secunderabad, the Comm issioner of the Municipal
Corporation] may specially empower may seize and
impound all animals suffering from contagious or infectious
disease, and any person who shall forcibly oppose such
seizure, or who shall forcibly rescue the animals after such
seizure, shall be deemed to have committed an offence
punishable under section 186 of the Indian Penal Code.
16. Any person whose animals shall have been seized as
being diseased may prefer a complaint against the seizure,
at any time within ten days from the date thereo f, to any
Magistrate.
8. Inserted by Act No.I of 1961.
Penalty for
refusing to obey
directions of cattle
pound-keeper,
etc.
Penalty for
opposing seizure
and impounding
of diseased
animals.
Complaint of
seizure by owner.
Central Act 45 of 1860.
[Act No.II of 1866] 7
The complaint may be either verbal, in which cas e the
substance of it 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 examinatio n of the complainant or his agent, the
Magistrate shall see reason to believe the complaint to be
well founded, he shall summon the party complained
against; and shall proceed to make a summary inquiry into
the case.
If the seizure be adjudged illegal, t he 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 procu ring the
release of the anim als; or, if the animals have not been
released, 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 accordin g to the process prescribed in
the Andhra Pradesh (Andhra Area) District Police
(Amendment) Act, 1865 (Act V of 1865) for the recovery of
forfeitures or penalties imposed under the authority of Act
XXIV of 1859.
17. All fines levied under this Act shall be credited to the
revenues of the State.
Provided that it shall be lawful for the officer inflicting a
fine under this Act to direct any portion thereof, not
exceeding one-half, to be paid to the informer.
Fees and fines to
be credited to the
revenues of the
State.
Form of
complaint.
Procedure
thereon.
Reward to
informer.
8 [Act No.II of 1866]
18. It shall be lawful for the State Governme nt by notice
published in the Official Gazette to make and prescribe such
bye-laws as may from time to time seem necessary for the
more effectually preventing the spreading of infectious or
contagious diseases among animals; provided that such
bye-laws shall not be repugnant to the provisions of this or
any other Act.
A breach of any such by e-laws shall render the party
liable on conviction before a Magistrate, to a fine not
exceeding rupees ten, commutable to simple imprisonment
for fifteen days.
The following proviso inserted by Act I of 1961.
9[If any difficulty arises in giving effect to the provisions
of the principal Act as amended by this Act, in their
application to the transferred territory, the State Government
may, by order, make such provisions or give such directions
not inconsistent with the purposes of the said Act, as appear
to them to be necessary for the removal of the difficulty.]
* * *
9. Inserted by Act No.I of 1961.
Power to make
bye-laws.
Penalty for
breach.
Power to remove
difficulties.