The kumaun animal transport control act, 1947

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105

THE KUMAUN ANIMAL TRANSPORT CONTROL ACT, 19471
[U. P. Act no. XV of 1947]

AMENDED BY U. P. ACT NO. V 1950

Adapted and modified by the Adaptation of Laws Order, 1950
[Passed by the United Prov inces Legislative Assembly on April 25, 1947 and the
United Provinces Legislative Council on May 26, 1947.
Received the assent of the Governor -General on July 1, 1947, under section 76 of
the Government of India Act, 1935 and was published in the United Province Government
Gazette Extraordinary of July 8, 1947.]

AN
ACT
to provide for the control of animal transport in the Kumaun Division.
WHEREAS it is necessary and expedient to control animal transport in the
Kumaun Division f or the purpose of distributing goods essential to the life of the
community;
It is hereby enacted as follows : --

Short title,
extent and
commencement

1. (1) This Act may be called the Kumaun Animal Transport Control Act, 1947.
(2) It extends2 to the whole of the Kumaun Division.
(3) It shall come into force at once.

Definitions 2. In this Act-
(1) "Essential commodity" means any of the commodities specified in Schedule I ,
and such other commodity as the State Govern ment may, from time to time
by notification in the official Gazette, specify in this behalf;
(2) "Transport animal" means a mule, pony or donkey plying for hire;
(3) "Licensing authority" means any official authorized by the District Magistrate
to issue a licence under this Act;
(4) "Prescribed rates" me ans hire charges fixed by the District Magistrate for the
transport of any essential commodity by a transport animal.

Prohibition
against plying
transport
animal for h ire
without licence
3. No person shall ply for hire any transport animal except under and in
accordance with the terms of a licence issued by a licens ing authority in Form
I, specified in Schedule II.

1. For Statement of Objects and Reasons see, U. P. Gazette Extraordinary dated April, 10
1947. Page 1.
2. This Act has been extended to Tehri - Garhwal by section 3 and Schedule of Tehri -
Garhwal (A pplication of Laws) Order, 1949, with effect fr om November 30, 1949
vide notification no. 3262/XVII, dated November 30, 1949 .
106

[The Kumaun Animal Transport Control Act, 1947] [Section 4-11]

Application for
licence
4. (1) An application for a licen ce under this Act shall be made in Form II specified
in Schedule II.
(2) The licensing authority may, for reasons to be recorded refuse an application
for licence under this Act.

Prohibition
against charging
rates higher
than prescribed
rates

5. No person holding a licence under this Act shall charge rates higher than the
prescribed rates for carrying any essential commodity by a transport animal.
Power of
District
Magistrate to
requisition
services of
transport
animal
6. The District Magistr ate may, by order in writing, require a person, plying a
transport animal for hire, to use such animal for the carri age of any foodstuffs
[cotton and woolen textiles, petro leum and petroleum products] 1 in such
manner for such rates and subject to such conditions as the District Magistrate
may specify in this behalf :
Provided that rates fixed under this section may, in particular
circumstances, be higher than the prescribed rates.

Suspension or
cancellation of
licence
7. The Sub -Divisional Magistrate may, for reasons to be recorded, suspend or
cancel any licence granted under this Act :
Provided that no order of suspens ion shall remain in force for more than
six weeks from the date of such order.

Appeals 8. An appeal against an ord er passed under sub -section (2) of section 4 and
section 7 shall lie to the District Magistrate within 30 days of the date of such
order.

Period and
renewal of
licence
9. (1) A licence granted under this Act s hall be valid for a period of one year from
the date of its issue. It may be renewed for a further period of one year if an
application for renewal is made in Form III specified in Schedu le II within
one month of the expiry of the licence.
(2) Where an application for renewal is made, the licence shall continue t o be
valid, till it is renewed, or its renewal is refused.

Delegation of
powers
10. The District Magistra te may, by order in writing au thorize any officer
subordinate to him to exercise all or any of the powers exercisable by him
under this Act.

Penalty 11. Any person who cont ravenes any of the provisions of this Act, or any order
made thereunder, shall be punished with imprisonment which may extend to
three months, or with fine which may extend to five hundred rupees, or with
both.

1. Added by section 2 of U. P. Act No· V of 1950·
107

[The Kumaun Animal Transport Control Act, 1947] [Section 12-Schedule]

Effect of orders
inconsistent
with other
enactment

12. Any order made under this Act shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act, or any
instrument having effect by virtue of any enactment other than this Act.
Protection of
action taken
under the Act
13. No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of
any order made under this Act.

Orders under
the Act not to
be questioned
in any court

14. No order made in exercise of any power conferred by or under this Act sha ll
be called in question in any court.
Rule making
power
15. The State Government may, by notification in the official Gazette, make rules
to give effect to the purposes of this Act.

16. Any order made or action taken under the Kumaun Animal Transp ort Control
Ordinance, 1947, shall be deemed to have been made or taken under the
corresponding provisions of this Act as if this Act had commenced on May 8,
1947.

SCHEDULE I

1. Foodstuffs, including edible oils and oilseeds.
2. Cotton and woollen textiles.
3. Petroleum and petroleum products.
4. Drugs.
5. Iron and steel.
[6. Resin]1.

SCHEDULE II
FORM I
Licence Form
Particulars of licence
1. Number of licence.
2. Name, parentage, caste and residence of licensee.
3. Number of ponies, donkeys and mules in respect of wh ich licence is
issued.
4. Name, parentage, caste and residence of drivers.
5. Route or area, for which the licence shall be valid.
6. Period of licence.
7. Renewed for ..................................................................................................
..................................................................................................

1. Ios. by Notification no. 5621/XXIX-B (F) dated September 26. 1947
108

[The Kumaun Animal Transport Control Act, 1947] [Schedule-Form 2]

Conditions of licence
1. The licensee shall not charge rates higher than the prescribed rates given
below except as provided for in section 6;

Schedule of rates

2. The licensee shall immediately inform the licensing authority of any change in
the particulars of the licence and get the licence amended, if necessary.
3. The licence shall be produced for inspection on demand by any police officer
or any other official not inferior in rank to a patwari.
4. The licensee shall, within one month of the receipt of th e licence, attach to the
neck of the transport animal a wooden ticket, displaying the number of the
licence. Such tickets shall be obtainable from the licensing authority on
payment of annas four for each ticket.
5. The licensee shall obey any other instr uctions given to him by the licensing
authority for carriage of any essential commodity.

Date. ……..... Signature of

Licensing Authority.

FORM II

Application for licence

1. Name, parentage, caste and residence of applicant.
2. Number of ponies, donkeys or mules for which licence is applied for.
3. Name, parentage, caste and residence of drivers employed.
4. Route or area over which an animal shall ply for hire.

Date ..... ......... Signature of applicant.

FORM III

Application for renewal of Licence

1. Number of licence.
2. Name, parentage, caste and residence of licensee.
3. Date of the last renewal.
4. Period of the last renewal.
5. Any change in the particulars of the licence on or after the da te of the expiry of
the licence.

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