[17th
December, 1940] An Act to provide for the
prevention and control of rinderpest in the [5][State
of Tamil Nadu]. WHEREAS it is expedient to
provide for the prevention and control of rinderpest in the [6][State
of Tamil Nadu]; [7][It
is hereby enacted as follows:-] (1)
This Act may be called the [8][Tamil
Nadu] Rinderpest Act, 1940. (2)
It extends to the whole of the [9][State
of Tamil Nadu]. (3)
[10][This
section shall come into force at once, and the [11][State]
Government may, from time to time, by notification in the Fort St. George
Gazette apply all or any of the remaining provisions of this Act to the whole
or any portion of the [12][State
of Tamil Nadu] from such date and for such period, if any, as may be specified
in the notification, and may cancel or modify any such notification. (a)
“animal” means any camel, buffalo, bull,
bullock, cow, heifer, calf, sheep, lamb, goat, kid, swine, or deer; (b)
“infective animal” means any 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. (1)
The [16][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 [17][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 the nay 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 (Central Act XLV of 1860). (a)
direct that all animals in such area or any
class of such animals shall be [19][compulsorily
inoculated and marked with a prescribed mark] in accordance with such rules as
may be prescribed or such directions as may be specified in the notification; (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 [20][State]
or any part thereof, the removal from such area into any other area in the [21][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 [22][State]
Government, carry infection; or (c)
prohibit or regulate in such 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 [23][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 with such animals which may, in the opinion of
the [24][State]
Government, carry infection. (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 for 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 of seizure made under sub-section (1). (3)
On receipt 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 opinion 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. (b) If after such
examination the Veterinary 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 writing 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. (1)
Every vessel or vehicle used by a common
carrier for the transport of animals shall be cleaned and disinfected
periodically in such manner as may be prescribed. (2)
The [25][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 rolling
stock of any railway. 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 internal fittings thereof and other things found
therein or near thereto to be disinfected or destroyed in such manner and to
such extent as may be specified in the order. (1)
If the Inspector has reason to believe that
there is an infective animal in any field, yard or building in which animals
are kept, temporarily or otherwise, he shall at once, 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 report 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, declaring such places to
be infected places. (4)
The Veterinary Surgeon shall forth with
report his action under this sub-section to the prescribed authority. (5)
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. (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. (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 the 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. (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 remarks thereon, if any, to the [26][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 [27][State]
Government confirm any such declaration either with or without modifications, a
notification shall be published in the Fort St. George Gazette defining the
limits of the area to which the declaration with the modifications, if any,
made therein, shall apply and declaring such area to be an infected area. (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 infected area and in the
language of the area, a copy of the notification under clause (a). (d) The [28][State]
Government may by notification published in the Fort St. George 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 [29][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. (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 of an animal, or any fodder,
bedding or other thing used in connexion with an animal, save in 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 thing 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 therefrom save in accordance with sub-section
(1). 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. Subject to such rules as may
be prescribed, an Inspector may enter and inspect any land, building or other
place or any vessel or chicle, for the purpose of exercising the powers or
performing the duties conferred or imposed on him by or under this Act. (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 of 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. (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. (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 ill contravention of section 14, 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. (1)
No suit, prosecution or other proceeding
shall lie against any officer or servant of the [32][State]
Government for any act done or purporting to be done under this Act, without
the previous sanction of the [33][State]
Government. (2)
No officer or servant of the [34][State]
Government shall be liable in respect of any such act in any civil or criminal
proceeding if the act was done in good faith in the course of the execution of
duties or the discharge of functions imposed by or under this Act. (1)
The [37][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 destruction of infected matter or things
found therein or near thereto; (e)
the circumstances under which licences may be
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 [38][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)
[39][All
rules made under this section shall be published in the Fort St. George Gazette
and unless they are expressed to come into force on a particular day, shall
come into force on the day on which they are so published. (5)
Every rule made under this section shall, as
soon as possible after it is made, be placed on the table of both Houses of the
Legislature, and if, before the expiry of the session in which it is so placed
or the next session, both Houses agree in making any modification in any such
rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be, so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.] [1] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [2] Received the assent
of the Governor on the 11th December, 1940; first published in the Fort St.
George Gazette on the 17th December, 1940 [3] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [4] For Statement of Objects and Reasons, see
Fort St. George Gazette, dated the 21st May, 1940, Part IV-A, page 42. This
Act was extended to the Kanyakumari district and the Shencottah taluk of the
Tirunclveli district by section 3 of and the Schedule to, the Tamil Nadu
(Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of
1957). [5] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970 which was deemed to have come into force on the
14th January, 1969. [6] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970 which was deemed to have come into force on the
14th January, 1969. [7] These words were
substituted for the paragraph containing the enacting formula and the paragraph
preceding that paragraph by section 5 of the Tamil Nadu Re-enacting and
Repcalling (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948). [8] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [9] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [10] Section 1 came into
force on the 17th December, 1940. The remaining sections have been applied to
certain portion of the State by notification from time to time. [11] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [12] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [13] These words were ???
for the word “Madras” by ibid. [14] These words were ???
for the word “Madras” by ibid. [15] These words were ???
for the word “Madras” by ibid. [16] This word was substituted
for the word “Provincial” by the Adaptation Order of 1950. [17] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [18] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [19] These words were substituted for the words
“compulsorily Inoculated” by section 2 of the Tamil Nadu Rinderpest (Amendment)
Act, 1964 (Tamil Nadu Act 14 of 1964). [20] This word was
substituted for the word “Provincial” by the Adaptation Order of, 1960. [21] This word was
substituted for the word “Provincial” by the Adaptation Order of, 1960. [22] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [23] This word was
substituted for the word “Provincial” by the Adaptation Order of, 1960. [24] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [25] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [26] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [27] This word was
substituted for the word “Provincial” by the Adaptation order of 1950. [28] This word was
substituted for the word “Provincial” by the Adaptation order of 1950. [29] This word was
substituted for the word “Provincial” by the Adaptation order of 1950. [30] According to clauses
(a), (b) and (c) of sub-section (3) of section 3 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of the
first class, to a Magistrate of the second class or of the third class and to a
Presidency Magistrate, shall be construed at a reference to a Judicial
Magistrate of the first Judicial Magistrate of the second class and to a Metro
??? Magistrate respectively. [31] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [32] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [33] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [34] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [35] This word was
substituted for the word “Crown” by ibid. [36] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [37] This word was
substituted for the word “Provincial” by the Adaptation Order of 1950. [38] This word was
substituted for the word “Provincial” by to Adaptation Order of 1950. [39] These sub-sections
were substituted for the original sub-section (4) and (5) by section 3 of the
Tamil Nadu Rinderpest (Amendment Act, 1964 (Tamil Nadu Act 14 of 1964).[1][Tamil Nadu
Rinderpest Act, 1940][2]
[3][Tamil
Nadu Act 19 of 1940][4]
[13]Nothing
contained in the [14][Tamil
Nadu] Cattle Disease Act, 1866, ([15][Tamil
Nadu] Act II of 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.
In this Act, unless there is anything repugnant in the subject or context-
The [18][State]
Government may for the purpose of preventing the outbreak or spread of
rinderpest in or from any area, by notification in the Fort St. George
Gazette,-
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 forthwith report the fact to the Inspector exercising
powers in the area.
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 which at the time of
its death was infective or is suspected to have been then infective, and for
this purpose he may cause the carcass of any such animal to be exhumed.
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 amount 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.
Whoever-
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 subsequent conviction to one hundred rupees.
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
punished 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.
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 subsequent 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.
Whoever, without lawful authority, disinters or causes to be disinterred 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 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.
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.
No Magistrate shall take cognizance of any offence under this Act except upon
the complaint or report of a Veterinary Surgeon.
No Magistrate shall try any offence under this Act unless he is a Presidency
Magistrate, of the first class,[30]
or a Magistrate of the second class20 specially empowered in this behalf by the
[31][State]
Government.
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.
No suit shall be instituted against the [35][Government]
and no suit, prosecution or other proceeding shall be instituted against any
officer or servant of the [36][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
months from the date of the act complained of.