THE MIZORAM ANIMAL (CONTROL & TAXATION)
ACT, 1980
The Mizoram Animal (Control & Taxation) Act, 1980 (Received the assent of the Lt. Governor (Administration) of Mizoram on 24.7.1980.)
AN ACT
to provide for control and taxation of animals in the Union Territory of Mizoram and for matters connected herewith.
Be enacted by the Legislative Assembly of Mizoram in the Thirty first year of the Republic of India as follows :-
Preliminary
1. (1) This Act may be called the Mizoram Animal (Control and Taxation) Act, 1980.
(2) It extends to the whole of Union Territory of Mizoram except the areas within the jurisdiction of Chakma, Lakher and Pawi District Councils in Chhimtuipui District.
Provided that the Government may, by notification in the Mizoram Gazette, exempt any area from the operation of the whole or any portion of this Act but not so us to effect anything done or any offence committed or any fine imposed or penalty incurred or any proceedings commenced in such area before such exemption, and may, in like manner, vary or cancel such notification.
(3) It shall come into force on such date as the Administrator may, by notification in the Mizoram Gazette, appoint and different provisions of this Act or for different areas.
Definition : 2. In this Act, unless the context otherwise requires :-
(a) “Administrator” means the Administrator of the Union Territory of Mizoram appointed by the President under article 239 of the Constitution :
(b) “animal” includes pigs, mithuns, buffaloes, horses, mares, geldings, elephants, asses, mules, ponies, colts, fillies, rams, ewes, sheep, lambs, goats and kids.
(c) “cattle” means cows, oxen, bulls and calves.
(d) “district” means a civil district of the Union Territory;
(e) “Government” means the Government of Mizoram
(f) “local funds” means any fund under the control of management of a Village Council or a Town Committee, as the case may be;
(g) “owner” means-
(a) When used with reference to land or property (whether private or public) the cultivator or occupier or owner of land or property, jhum, garden, land used for wet rice cultivation or any person who has advanced cash for the cultivation of the crop or produce on any land or the vendee dor mortgage of such crop or produce, or any portion thereof;
(b) When used with reference to any animal, includes the person for the time being in-charge of the animal;
(h) “town” means a notified area declared under sub-section (4) of section 3 of the Mizo District (Administration of Town Committee) Act, 1955. (Mizo District Act No. II of 1955);
(i) “Town Committee” means the Town Committee established under section 4 of the Mizo District (Administration of Town Committee) Act, 1955. (Mizo District Act No. II of 1955);
(j) “Union Territory” means the Union Territory of Mizoram;
(k) “Village Council” means a Village Council constituted under the Lushai Hills District Village Council) Act, 1953 (Lushai Hills Act No. 5 of 1953), as adapted.
Control of Animals
3. (1) No animal shall be let alone any time any where except under the watch of a keeper.
(2) No owner of an animal shall allow his animal to trespass upon any land or property whether private or public.
4. Animals shall be controlled as follows :-
(a) Pigs :- Pigs shall be kept in confinement.
(b) Goats :- i) Every owners of goats may allow his goats to graze subject to keeping them under the watch of a keeper or by being tied with ropes to graze about.
(ii) Every owner of goats shall keep his goats in confinement or detention in a shed meant for the animals at night time.
(c) Cattle, mithuns, horses and buffaloes :-
Cattle, mithuns, horses and buffaloes shall be controlled in the like manner as under clause (b).
(d) Other animals - Any other animals shall be kept in confinement or detention. Explanation :- For the purpose of this section:-
(i) ‘to keep in confinement’ shall mean to keep the animals effectively confined within any fencing wall or compound;
and
(ii) ‘to keep in detention’ shall mean to keep the animals effectively detained by any rope or other sufficiently strong tie.
5. Animals shall be kept in such a clean and sanitary condition as may be prescribed by rules so that they may not cause a public nuisance.
Procedure for Seizure of Animals in areas other than towns
6. The provisions of this Chapter shall apply only to areas other than towns
7. (1) It shall be lawful for any person who is the owner of any land or property whether private or public to seizure or cause to be seized any
animal trespassing upon such land or property causing damage thereto and to take it to the President, Vice-President, any member or Secretary of the Village Council concerned, who shall cause such animal to be tied at such place or enclosure as may be set apart for the purpose by Village Council.
(2) If any animal trespassing upon land or property or causing damage thereto under sub-section (1) in the land or property with a view to seizing it or gets it to be seized, meets with an accident or gets hurt by failling on the ground or into a ditch or precipice even to the extent of death as a result therefrom, the owner of the land or property shall not be liable to pay damages to the owner of such animal.
(3) Every Village council shall keep registers for the animals seized and brought under sub-section (1).
(4) When any animals is brought under sub-section (1) the village council shall cause to be entered in a register -
(a) the number and description of the animals.
(b) the day and hour on and at which they were brought;
(c) the name and residence of the seizer; and
(d) the name and residence of the owner, if known and shall cause to be given to the seizer or his agent a copy of the entry,
(5) When seizure of animals takes place under this section the village council shall, within twenty - four hours of the time when the animals were brought under sub-section (1) through a Village Crier announce such seizer to the people of the village or locality.
8. (1) No seized animals shall be allowed to starve. The Village Council shall feed and water them properly.
(2) The feeding charges at such rates as may be prescribed by the Government may be collected by the village council from the owner.
9. (1) If the owner of the seized animals or his agent appears and claims the animals, the village council shall deliver them to him on payment of feeding charges under sub-section (2) of section 8, and such fines at such rate as the Government may from time to time, by rules, prescribe for each kind of animals.
(2) The Owner or his agent on taking back the animal shall sign a receipt for them in the register kept by the village council.
10. (1) If the animals be not claimed within seven days from the date of announcement under sub-section (5) of section 7, the village council shall cause them to be sold by public auction.
(2) If within the period specified in sub-section (1) the owner or his agent claims the animals but refuses or fails to pay the feeding charges and the fines chargeable under section 9, the village council shall cause the animals or as many of them as may be necessary to be sold by public auction :
Provided that if any such animals are, in the opinion of the village council, not likely to fetch a fair price if sold in auction under sub-section (1) or sub-section (9) they may be disposed of in such manner the village council thinks fit.
(3) The village council or any member or Secretary thereof or any other person in the employment of the Village Council shall not directly or indirectly purchase any animal sold under this section.
(4) The sale proceeds thereof shall be deposited into the local fund :
Provided that the sale proceeds shall be refunded to the owner if he claims within fifteen days of sale.
Procedure for seizure of animals in towns
11. The Provisions of this chapter shall apply only to towns.
12. (1) Pounds shall be established in towns by the Town Committee at such places as the Government may direct. The Town Committee shall appoint suitable persons to be keepers of such pounds.
(2) There shall be specified by Government, areas for which the pounds are established.
13. (1) Every pound-keeper shall maintain such registers and furnish such returns as the Government, from time to time, by rules, prescribe.
(2) When animals are bought to a pound the pound-keeper shall enter in his register :-
(a) the number and description of the animals;
(b) the day and hour; on and at which they were so brought;
(c) the name and residence of the seizure;
(d) the name and residence of the owner, if known; and shall give the seizure of his agent a copy of the entry.
14. (1) It shall be lawful for any person who is the owner of any land or property private of public to seize and take to any pound established
in the town in which his land or property is situated for confinement therein any animal trespassing upon such land or property or causing damage thereto.
(2) If any animal trespassing upon land or property or causing damage thereto under sub-section (1) in the course of being chased by the owner of the land of property with a view to seizing or it causing to be seized, meets with an accident, or gets hurt by falling on the ground or into a ditch or precipice even to the extent of death a result therefrom, the owner of the lane or property shall not be liable to pay damage to the owner of such animal.
(3) It shall be the duty of any policee officer and it shall be lawful for any person to seize and to take any pound for confinement therein any animal pound straying in any place or trespassing upon any private or public property.
15. (1) ‘If the owner of animals which are impounded under section 14 or his agent appears and claims such animals, the pound keeper shall deliver them to him on payment of the
pound-fees and expenses chargeable in respect of such animals under section 18.
(2) Receipt of the animals should be signed.
16. (1) Every pound keeper shall, before releasing any impounded animal, require the owner of the impounded animal or his agent make in the form prescribed by rule, a declaration regarding the ownership or such animals and to deposit by way of security such sum as the
Government may, by rules, prescribe. Different scales may be prescribed for different towns in different classes of animals.
(2) If any animals belonging to such owner are impounded within a period of three months from the date on which the security is deposited, and if the seizure is not ad, uged illegal the amount of deposit or a part thereof, as may be directed by the Government by rules made in this behalf, shall stand forfeited to the Town Committee. If animals are not impounded as a foresaid, the amount of security deposit shall, on an application made by or on behalf of the depositor, be refunded to him on the expiry of the period.
(3) On every occassion on which the release of the animals impounded under this Act is claimed, the owner of the animals shall deposit a fresh security.
17. (1) If within ten days after any animals has been impounded no person appearing to be the owner of such animal, claims the animal under section 15 such animal shall be forthwith sold by auction.
(2) If within the period specified in sub-section (1) the owner or his agent claims but refuses or fails to pay the pound-fee and the expense chargeable under section 18, the animals as many of them as may be necessary, shall be sold by aution :
Provided that, if the animals are not sold at auction under sub-section (1) or sub-section (2) it shall be disposed of in such other manner as the Government may, by rules, prescribe.
(3) The surplus remaining after deducting the pound-fee and expenses of aforesaid from the proceeds of the sale, shall be paid to any person, who within fifteen days after the sale, proves to the satisfaction of the pound keeper that the he was the owner of such animal and shall in any other case, form part of the local fund.
(4) The Town Committee or any member thereof or any person in the employment of the Town Committee including the pound-keeper, or any police officer or other officer shall not directly or indirectly purchase any animal at a sale under this Act.
18. (1) The Pound-fee chargeable shall be such as the Government may, from time to time, by rules prescribe for each kind of animals.
(2) The expenses chargeable shall be at such rates for each day during part of weight any animal is impounded, as the Government may, by rules, prescribe for each kind of animals.
Animal Taxation
19. (1) There shall be levied and collected at such rates and in such manner as may be prescribed from time to time under the rules, not exceeding the rates set forth in the Schedule appended to this Act, a tax on animals from the owner of such animals.
Provided that nothing in this Chapter shall apply to any animals owned by :-
(a) the Central Government;
(b) the Government of the Union Territory;
(c) the North-Eastern council consisted under section 3 of the North-Eastern Council Act, 1971 (Central 84 of 1971);
(d) a corporation owned or controlled by the Central Government to the Government of the Union Territory;
(e) a Town Committee; or
(f) a Village Council
(2) The animal tax levied under sub-section (1) shall, at the option of the owner of the animals, be paid annually in one instalment of half yearly in two instalments within such time as may be prescribed.
20. (1) Animal tax shall be collected by the Town Committee in towns and by the village council to other areas in accordance with the provisions of this Chapter.
(2) The Government may make rules prescribing the manner in which animal tax may be collected under this Chapter.
(3) Fifty percent of the animal tax collected under this Chapter shall be credited to the local fund and the balance of fifty percent shall be credited to the Consolidated Fund of the Union Territory. Registration 21 (1) Every owner of animals shall report to the Town Committee in towns and to the Village Council in the other areas the number of animals (adult and young) and kinds of animals owned by him and register such animals by paying registration fee of 50 paise for an adult animal and 25 paise for the young one;
(4) The Town Committee and the Village Council shall maintain registers for registration of animal and keep accounts of registration fee.
(5) The account books and other registers maintained by the Town Committee and the Village Council under this shall be subject to checking by an Officer appointed by the Government in this behalf.
22. Any person affireved by any order of the Town Committee, the Village Council or other authority or officer under this Chapter may appeal to such authority and within such time as may be prescribed.
Penalties
23. (1) Whoever allows any animals which are his property or in his charge to stray in any street or allowing animals place or to trespass upon any private or public property shall, on conviction, be punished with fine with fine which may extend to fifty rupees.
(2) If damage is caused by animals under sub-section (1) the accused shall pay a reasonable compensation to any person for the damage proved to have been caused to his property or to the produce of land, by the animals, under the control of the accused, trespassing on his land.
24. Whoever forcibly opposes the seizure of animals liable to be seized under this Act, and whoforcibly anno - ever rescues the same after seizure either from the place or enclosure specified in sub-section sing the seizure (1) of section 7 or from a pound or from any person taking or about to take them to the of animals or President, Vice-President, any member or Secretary of the Village Council under sub-section rescuring the (1) of section 7, or to a pound, shall on conviction, be punished with imprisonment for a term same which may extend to three months or with fine which may extend to one hundred rupee or with both.
25. Any person incharge of the animals kept under sub-section (1) of section 7 or any pound keeper releasing or delivering animals contrary to the provisions of Chapter III or Chapter IV etc. failing to or omitting to provide any impounded animal with sufficient food and water, or failling to perform duties from any of the other duties imposed upon him by this Act, and any person purchasing an animal in contravention of section 10 or section 7, shall, over and above any other penalty to which he may be liable, be punished on conviction, with fine which may extend to fifty rupees.
26. Any person who :-
(1) Contravenes the provisions of animal taxation under chapter V;
(2) Keeps animal in any premises or places different from that mentioned in the licence, or keeps animals in contravention of the provisions of this Act, shall, on conviction, be punished with fine which may extend to fifty rupees.
Miscellaneous
27. (1) Any person whose animals have been seized of have been detained in contravention of this illegal seizure Act, may at any time, within ten days from the date of the seizure, make a complaint to a Magistrate.
(2) The complaint shall be made by the complaint in person or by an agent personally acquainted with the circumstances.
