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Appendix I.—Glanders and Farcy Act.
Appendix I.
(Referred to in para. 36.)
Glanders and Farcy Act (No. XIII of 1899).
Whereas it is expedient to consolidate and amend the law relating to glanders
and farcy ; It is hereby enacted as follows :—
Short title
and Extent.
1. (1) This Act may be called the Glanders and Farcy Act, 1899 ;
(2) It extends to the whole of British India.
Definition of
" diseased."
2. (1) In this Act, unless there is anything repugnant in the subject or
context " diseased " means affected with glanders or farcy or any other danger-
ous epidemic disease among horses which the Governor-General in Council
may, by notification in the Gazette of India, specify in this behalf.
(2) The provisions of this Act relating to horses shall apply also to
asses and mules.
Application
of Act to
local areas
by Local
Govern-
ment.
3. The local Government may, by notification in the local official Gazette,
apply this Act, or any provision of this Act, so far as all or any of the diseases
mentioned in, or specified in a notification under Section 2, Sub-Section (1),
are concerned, to any local area, to be specified in such notification, within the
province.
Local
Government
to appoint
Inspectors.
4. (1) When this Act has been so applied to a local area, the Local Govern-
ment may, by notification in the local official Gazette, appoint such persons
as it thinks fit to be Inspectors under this Act and to exercise and perform,
within the whole of the local area or such portions thereof as it may prescribe,
the powers conferred and the duties imposed by this Act on such officers.
(2) Every person so appointed shall be deemed to be a public servant
within the meaning of the Indian Penal Code.
Power of
entry and
search.
5. Within the local limits for which he is so appointed, any such Inspector
as aforesaid may, subject to such rules as the Local Government may make in
this behalf, enter and search any field, building or other place for the purpose
of ascertaining whether there is therein any horse which is diseased.
6. Within such limits as aforesaid, the Inspector may seize any horse which
he has reason to believe to be diseased.
Power of
seizure.
Horse to be
examined
by Veteri-
nary Practi-
tioner.
7. (1) On any such seizure as aforesaid, the Inspector shall cause the horse
seized to be examined as soon as possible by such Veterinary Practitioner as
the Local Government may appoint in this behalf:
Provided that, when the Inspector is also a Veterinary Practi-
tioner so appointed, he may make the examination himself.
(2) For the purposes of the examination the Veterinary Practitioner
may submit the horse to any test or tests which the Local Government may
prescribe.
Horse to be
destroyed
if found
diseased :
otherwise
restored.
8. (1) If the Veterinary Practitioner certifies in writing that the horse is
diseased, the Inspector shall cause the same to be immediately destroyed :
Provided that, in the case of any disease other than glanders or farcy,
horses certified to be diseased as aforesaid may, subject to any rules which the
Local Government may make in this behalf, be either destroyed or otherwise
treated or dealt with as the Veterinary Practitioner may deem necessary.
(2) If after completing the examination, the Veterinary Practitioner does
not certify that the horse is diseased, the Inspector shall at once deliver the
same to the person entitled to the possession thereof.
When horse
diseased,
place where
it has been
to be dis-
infected,
etc.
9. (1) When any diseased horse has been in any building, shed or other
enclosed place, or in any open lines, the Inspector may issue a notice to the
owner of the building, shed, place or lines, or to the person in charge thereof,
directing him to have the same disinfected and the internal fittings thereof
or such other things found therein or near thereto, as the Local Government
may by rule prescribe, destroyed.
(2) On the failure or neglect of such owner or other person as aforesaid
to comply with the notice within a reasonable time, the Inspector shall cause
the building, shed, place or lines to be disinfected and the fittings or other
things to be destroyed, and the expense (if any) thereby incurred may be
recovered from the owner or other person as if it were a fine.