THE 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 during such periods of time, as the State Government or subject to their control the Board of Revenue may, from time to time, direct by notification 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 shall 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 16th March, 1866. The said Act II of 1866 has been amended and extended to the transferred territory as in section 3(1) of the States 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.45, 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, hospitalpounds, shall be established in such places as the Magistrate of the district, 2[or in the cities of Hyderabad and Secunderabad, the Commissioner of the Municipal Corporation] shall determine, 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 disease, 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 hospital-pound should be of opinion that the animal has any contagious or infectious disease, he may thereupon require the owner of the animal or the person in charge thereof to place it in the hospitalpound.
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 have power, within his range, to cause 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 destroyed, 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 hospitalpound, 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 any 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 aforesaid 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 hospital-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 amount 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 required 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 hospitalpound for the range, or of some person authorized by the Magistrate of the district, 7[or in the cities of Hyderabad and Secunderabad, the Commissioner 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 Commissioner 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, commutable, 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 of a sub-Inspector and such other persons as the Magistrate of the district 8[or in the cities of Hyderabad and Secunderabad, the Commissioner 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 thereof, 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 case 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 examination 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, the 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 procuring the release of the animals; 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 according 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 Government 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 bye-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. E:\Uploading PDF Documents\Uploading word 1308 F-1950\1866 - 1\II of 1866 The Telangana Cattle-Disease Act, 1866\Index.docx E:\Uploading PDF Documents\Uploading word 1308 F-1950\1866 - 1\II of 1866 The Telangana Cattle-Disease Act, 1866\Act II of 1866.docx