LexThe Telangana Rinderpest Act, 1940.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA RINDERPEST ACT, 1940.
(ACT NO. XIX OF 1940)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. 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 postmortem.
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.
2 [Act No. XIX of 1940]
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 diseased 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.
Power to remove difficulties.
THE TELANGANA RINDERPEST ACT, 1940.1
ACT No. XIX OF 1940.
1. (1) This Act may be called 2[the Telangana Rinderpest
Act, 1940.]
(2) It extends to the whole of the 2[State of Telangana.]
(3) This section shall co me into force at once, and the
3[State] Government may from time to time by notification in
the 2[Telangana Gazette ] apply all or any of the remaining
provisions of this Act to the whole or any portion of the
2[State of Telangana] from such date and for such period, if
any, as may be specified in the notification, and may cancel
or modify any such notification.
2. Nothing contained in 4[the Telangana Cattle Disease
Act, 1866 ], shall apply to the disease of rinderpest in any
area to which the provisions of this Act 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;
1. The Andhra Pradesh Rinderpest Act, 1940 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 Tel angana Adaptation of Laws Order,
2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted for the word “Provincial” by the Adaptation Order, 1950.
4. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act II of 1866 not
to apply to
rinderpest.
Act II of 1866.
Definitions.
Short title, extent
and
commencement.
2 [Act No.XIX of 1940]
(b) “infective animal ” means an animal which is
affected with rinderpest or has recently been in contact with,
or in close proximity to, an animal so affected; and
(c) “prescribed” means prescribed by rules made
under this Act.
4. (1) The 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 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.
(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 State Government may, for the purpose of
preventing the outbreak or spread of rinderpest in or from
any area, by notification in the 5[Telangana Gazette],-
(a) direct that all animals in such area or any class of
such animals shall be compulsorily inoculated in
accordance with such rules as may be prescribed or such
directions as may be specified in the notification;
5. Substituted for the words “Andhra Pradesh Gazette ” by
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to
inoculate and
regulate
movement of
animals and to
control the
holding of
markets, fairs etc.,
and traffic in
infective animals,
etc.
Veterinary
Surgeons and
Inspectors.
Central Act 45 of 1860.
[Act No.XIX of 1940] 3
(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 State or any part thereof, the removal from such area
into any other area in the 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 State Government, carry infection; or
(c) prohibi t or regulate in su ch 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 State,-
(i) the holding of animal markets, animal fairs, animal
exhibitions or other concentrations of animals; or
(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 wit h
such animals wh ich may, in the opinion of the State
Government, carry infection.
6. Every owner or person in charge of, and every
veterinary practitioner who has been called to treat, an
animal which he has reason to believe to be affected with
rinderpest shall fo rthwith report the fact to the I nspector
exercising powers in the area.
7. Subject to such rules as may be prescribed, the
Veterinary Surgeon may make or cause to be made a post -
mortem examination of any animal whic h at the time of its
death was i nfective or is suspected to have been then
Duty of certain
persons to report
rinderpest.
Power of
Veterinary
Surgeon to hold
postmortem.
4 [Act No.XIX of 1940]
infective and for this purpose he may cause the carcass of
any such animal to be exhumed.
8. (1) Where an Inspector has reason to believe that any
animal is infective, he may, by order in writing, direct the
owner or person in charge of such animal to keep it where it
is fo r 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 or seizure made under sub-section (1).
(3) On rece ipt 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 opinio n 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.
Isolation of
infective animals,
examination by
Veterinary
Surgeon etc.
[Act No.XIX of 1940] 5
(b) If after such examination the V eterinary 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 such examination the Veterinary Surgeon
certifies in writin g that any animal 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 cleansed and
disinfected periodically in such manner as may be
prescribed.
(2) The 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.
(3) This section shall not apply to the rol ling 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, yard, vessel or vehicle disinfected,
and the intern al fittings thereof and other things found
therein or near thereto to be disinfected or destroyed, i n
such manner and to such extent as may be specified in the
order.
11. (1) If the Inspector has reason to believe that there is
an infective animal in any fiel d, yard or building in which
animals are kept, temporarily or otherwise, he shall at once,
Cleaning and
disinfection of
vessels and
vehicles.
Powers to require
disinfection of
infected premises,
vessels and
vehicles.
Declaration of
private infected
places and
examination of
such places by
Veterinary
Surgeon.
6 [Act No.XIX of 1940]
by order in writing, declare the place to be an Infected
place, and shall deliver a copy of the order to the owner,
occupier or person in charge of the place and rep ort 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 (1), 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, declari ng such places to be
infected places.
The Veterinary Surgeon shall forthwith report his action
under this sub-section to the prescribed authority.
(4) If the Veterinary Surgeon cancels the order, the
place specified 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, declare such place to be an infected place.
Declaration of
public infected
places.
[Act No.XIX of 1940] 7
(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 t he local authority or to the nearest station -master
of the railway administration, as the case may be;
(c) cause another copy to be sent to the nearest
police station; and
(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 further inquiry, if any, as it thinks fit, submit such report
with its r emarks thereon, if any, to the State Government
who may,-
(a) confirm any declaration made under section 11
(1), 11 (3) or 12 (1) either with or without modifications; or
(b) cancel any such declaration.
(2) (a) Where the State Government confirm any such
declaration either with or without modifications, a notification
shall be published in the 6[Telangana Gazette] defining the
limits of the area to which the declaration with the
modifications, if any, mad e therein, shall apply and
declaring such area to be an infected area.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Declaration of
infected areas by
the State
Government.
8 [Act No.XIX of 1940]
(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 infec ted area and in the language of
the area, a copy of the notification under clause (a).
(d) The State Government may by notification
published in the 7[Telangana Gazette] add to, amend, vary
or rescind any notification published under clause (a) either
on their own motion or on a subsequent 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 State Government cancel any
declaration referred to in sub-section (1), 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 or dead, or any product, of
an animal, or any part o f an animal, or any fodder, bedding
or other thing used in connection with an animal, save in
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Removal of
animals and other
things from
infected areas or
places.
[Act No.XIX of 1940] 9
accordance with the conditions of a licence granted by the
Inspector.
(2) Nothing in sub-section (1) shall prevent the carriage
by railway of any animal or thin g 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 an y land, building or other
place or any vessel or vehicle, for the purpose of exercising
the powers or performing 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.
Powers of entry
and inspection.
Power to return
animals, etc., to
infected areas.
Time for
complying with
and enforcement
of orders.
10 [Act No.XIX of 1940]
(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.
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 amou nt of the expenses incurred and
the person from whom such amount is recoverable, and the
amount 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
(c) fails to comply with an order made by an Inspector
under sub-section (1) of section 8, 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 14,
Recovery of
expenses.
Penalties.
[Act No.XIX of 1940] 11
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 a 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 subsequ ent
conviction to one hundred rupees.
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 punis hed 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.
22. Whoever places, or causes or permits to be placed in
any 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 subseq uent 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 disintered 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
Penalty for
keeping or
grazing infective
animal in
unenclosed land.
Penalty for
bringing infective
animal to market.
Penalty for
placing carcass of
infective animal in
river.
Penalty for
disinterring
carcass of
diseased animal.
12 [Act No.XIX of 1940]
infective, shall be punish ed 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.
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 offence
under this Act except upon the complaint or report of a
Veterinary Surgeon.
26. No Magistrate shall try any offence under this Act
unless he is 8[XXX] a Magistrate of the first class, or a
Magistrate of the second class specially e mpowered in this
behalf by the State Government.
27. No person shall be entitled to any compensation 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 o r servant of the State Government for
any act done or purporting to be done under this Act,
without the previous sanction of the State Government.
(2) No officer or servant of the State Government shall
be liable in respect of any such act in any civil o r criminal
procceding if the act was done in good faith in the course of
8. The words “a Presidency Magistrate ” were omitted by the Andhra
Area (Amendment) Order, 1954.
Arrest without
warrant.
Institution of
proceedings.
Jurisdiction of
Magistrates.
Bar of claim to
compensation.
Bar of certain
proceedings.
[Act No.XIX of 1940] 13
the execution of duties or the discharge of functions
imposed by or under this Act.
29. No suit shall be instituted against the 9[Government]
and no suit, prosecution or other proceeding shall be
instituted against any officer or servant of the 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 m onths from the date of
the act complained of.
30. (1) The State Government may make rules 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 which animals and things seized
under this Act and not liable to destruction shall be dealt
with and disposed of;
(d) the disinfection of vessels or vehicles used by
common carriers, the cleansing and disinfection of
buildings, yards and other places used for animals, and the
9. Substituted for the word “Crown” by the Adaptation Order, 1950.
Limitation for
certain suits and
prosecutions.
Power to make
rules.
14 [Act No.XIX of 1940]
destruction of infected matter or things found therein or near
thereto;
(e) the circumstances under which licences may he
granted by an Inspector under section 14, and the form and
conditions of such licences;
(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 and 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 required or allowed by
this Act to be prescribed.
(3) In making a rule under sub -section (1) or sub -
section (2), the State Government may provide that a breach
thereof shall be punishable 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.
(4) The power to make rules conferred by this section
shall be subject to the condition of the rules being made
after previous publication for a period of not less than one
month.
[Act No.XIX of 1940] 15
(5) All rules made under this section shall be published
in the 10[Telangana Gazette ] and upon such publicati on
shall have effect as if enacted in this Act.
11[If any difficulty arises in giving effect to the provisions
of the principal Act in the transferred territories, the State
Government may, by order, make such provisions or give
such directions as appear to them to be necessary for the
removal of the difficulty.]
* * *
10. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
11. Inserted by Act No.II of 1961.
Power to remove
difficulties.