VI of 1889. 1 4. Section 20 of the Probate and Administration Act, 1889, is hereby Bepeal. repealed. 1 General Acts, Vol. V. (Secs. 1-2.) Short title and commencement. Addition of new sections after section 489, Act XLV, 1860. Counterfeit ing currency ACT No. XII OF 1899.1 [10th March, 1899.] An Act to amend the law relating to the forgery of currency-notes and WHEREAS it is expedient to amend the law relating to the forgery of and 1. (1) This Act may be called the Currency-Notes Forgery Act, 1899; (2) It shall come into force at once. 2 2. After section 489 of the Indian Penal Code the following sections XLV of shall be added, namely: "Of Currency-Notes and Bank-Notes. "489 A. Whoever counterfeits, or knowingly performs any part of the notes or bank. process of counterfeiting, any currency-note or bank-note, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. notes. Using as genuine forged or counterfeit currency. notes or bank-notes. Possession of forged or Counterfeit urrencynotes or bank notes "Explanation. For the purposes of this section and of sections 489 B, 489C and 489D, the expression "bank-note " means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money. "489B. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. "489C. Whoever has in his possession any forged or counterfeit currencynote or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 1 For Statement of Objects and Reasons, see Gazette of India, 1898, t. V, p. 347; for Report of the Select Committee, see ibid, 1898, Pt. V, p. 47; for Proceedings in Council, see ibid, 188, Pt. VI, p. 370; ibid., 18:9, Pt. VI, pp. 24,68 and 84. This Act has been declared in force in the Santhal Parganas, by s. 3 of the Santhal Farganas Settlement Regulation, 1872 (III of 1872), see the revised edition as modified up to 1st October, 1899. 2 See the revised edition of the Code as modified up to 1st April, 1993. 1860. V of 1898. XLV of 1860. possessing or materials for forging or counterfeiting currency. "489D. Whoever makes, or performs any part of the process of making, Making or or buys or sells or disposes of, or has in his possession, any machinery, instru- instruments ment or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." notes or bank notes. Schedule II, 3. In the Code of Criminal Procedure, 1898,1 Schedule II, after the Addition to entries relating to section 489 of the Indian Penal Code the following shall Act V,1898. be added, namely: An Act to consolidate and amend the Law relating to Glanders and Farcy. WHEREAS it is expedient to consolidate and amend the law relating to glanders and farey; It is hereby enacted as follows: 1. (1) This Act may be called the Glanders and Farcy Act, 1899. 1 See the Code as modified up to 1st April, 1903. 2 For Statement of Objects and Reasons, see Gazette of India, 1898, Ft. V, p. 353; for Report of the Select Committee, see ibid, p. 51; for Proceedings in Council, see ibid, 1898, Pt. VI, p. 394; ibid, 1899, Pt. VI, pp. 25, 86 and 119. This Act has been declared in force in the Santhal Parganas, by the Santhal Parganas Settlement Regulation, 1872 (III of 1872), as modified up to 1st October, 1899. It has been extended, by notification under s. 5 of the Scheduled Districts Act, 1874 (XIV of 1874), to British Baluchistan, see Gazette of India, 1899, Pt. II, p. 941. Short title (Secs. 2-7.) extent and commencement. Definition of "diseased." Application of Act to local areas by Local Government. Local Government to appoint Inspectors. Power of entry and search. Power of seizure. Horse to be examined by (2) It extends to the whole of British India; and (3) It shall come into force at once. 2. (1) In this Act, unless there is anything repugnant in the subject or context, "diseased "1 meaus affected with glanders or farcy or any other dangerous epidemic disease among horses which the Governor General in Council may, by notification in the Gazette of India, specify in this behalf [either generally or in respect of any local area]." (2) The provisions of this Act relating to horses shall apply also to asses and mules. 3. The Local Government may, by notification in the local official Gazette, apply this Act, or any provision of this Act, to any local area, to be specified in such notification, within the Province. 4. (1) When this Act has been so applied to a local area, the Local Government 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." 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. 7. (1) On any such seizure as aforesaid, the Inspector shall cause the 1 For notification under this sub-section as amended by Act XI of 1901, as regards the Naini Tal, Dehra Dun and Saharanpur Districts, see Gazette of India, 1902, Pt. I, p. 30. For notification declaring that "diseased" includes affected with "Lymphangitis Epizootica," see Gazette of India, 1902, Pt. I, p. 510. 2 These words were added by the Repealing and Amending Act, 1901 (XI of 1901), s. 3 (1), infra, p. 169. The Act has been applied, by notification under section 3, to (1) the district of the Santhal Parganas, see Calcutta Gazette, 1900, Pt. I, p. 914 ; (2) the Patna Municipality, see ibid, 1901, Pt. I, p. 1506; (3) the Murshedabad District, see ibid, 1901, Pt. I, p. 1507; (4) the Gya district, see Calcutta Gazette, 1903, Pt. I, p. 21; (5) the Bombay Presidency, see Bombay Government Gazette, 1901, Pt. I, p. 1415; (6) certain taluks in the Madras District, see Fort St. George Gazette, 1901, Pt. I, p. 269. 4 For instance of notifications under this section as regards (1) Bombay, see Bombay Government Gazette, 1900, Pt. I, p 2554 ; ibid., 1901, Pt. I, p. 1448; (2) the Santhal Parganas, see Calcutta Gazette, 1900, Pt. I, p. 915; (3) Bengal, see Calcutta Gazette, 1901, Pt. 1, p. 1507; ibid, 1903, Pt. I, p. 1273; (4) United Provinces, see N.-W. P. and Oudh Gazette, 1901, Pt. I, p. 81, ibid, United Pro (5) British Baluchistan, see Gazette of India, 1903, Pt. I, p. 1182. See the revised edition as modified up to 1st April, 1903. XLV of 1860. (Secs. 8-11.) horse seized to be examined as soon as possible by such Veterinary Practitioner Veterinary as the Local Government may appoint 1 in this behalf: Provided that, when the Inspector is also a Veterinary Practitioner 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. Practitioner. destroyed if found dis wise restored. 8. (1) If the Veterinary Practitioner certifies in writing that the horse is Horse to be 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 eased: other. 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. 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. When horse diseased, place where it has been to be disin fected, etc. 10. The owner or any person in charge of a diseased horse shall give im. Owner or person in mediate information of the horse being diseased to the Inspector or to such charge of authority as the Local Government may appoint 2 in this behalf 11. No person in charge of any horse which has been in the same field, building or place as, or in contact with, a diseased horse, shall remove such horse except in good faith for the purpose of preventing infection, or under a license to be granted by the Inspector and subject to the conditions of the license. 1 For notification appointing Veterinary Practitioners for (1) the Santhal Parganas, see Calcutta Gazette, 1800, Pt. I, p. 915; (2) the Bombay Presidency, see Bombay Government Gazette, 1:01, Pt. I, p. 1418. 2 For officers appointed under this section for the Bombay Presidency, see Bombay Government Gazette, 1900, Pt. I, p. 2551. diseased horse to give notice. Prohibition against re moval, with out license, which has of horse been with diseased horse. |