State Act
THE KUMAUN ANIMAL TRANSPORT CONTROL ACT, 1947
This Act was repealed on a date we do not have by the Uttarakhand Repealing Act, 2023 (Uttarakhand Act 27 of 2023), s.2 and Schedule; it may still apply to matters that began before then.
1. (1) This Act may be called the Kumaun Animal Transport Control Act, 1947. (2) It extends2 to the whole of the Kumaun Division. (3) It shall come into force at once.
2. In this Act- (1) "Essential commodity" means any of the commodities specified in Schedule I, and such other commodity as the State Government may, from time to time by notification in the official Gazette, specify in this behalf; (2) "Transport animal" means a mule, pony or donkey plying for hire; (3) "Licensing authority" means any official authorized by the District Magistrate to issue a licence under this Act; (4) "Prescribed rates" means hire charges fixed by the District Magistrate for the transport of any essential commodity by a transport animal.
3. No person shall ply for hire any transport animal except under and in accordance with the terms of a licence issued by a licensing authority in Form I, specified in Schedule II.
4. (1) An application for a licence under this Act shall be made in Form II specified in Schedule II. (2) The licensing authority may, for reasons to be recorded refuse an application for licence under this Act.
5. No person holding a licence under this Act shall charge rates higher than the prescribed rates for carrying any essential commodity by a transport animal.
6. The District Magistrate may, by order in writing, require a person, plying a transport animal for hire, to use such animal for the carriage of any foodstuffs [cotton and woolen textiles, petroleum and petroleum products]1 in such manner for such rates and subject to such conditions as the District Magistrate may specify in this behalf : Provided that rates fixed under this section may, in particular circumstances, be higher than the prescribed rates.
7. The Sub-Divisional Magistrate may, for reasons to be recorded, suspend or cancel any licence granted under this Act : Provided that no order of suspension shall remain in force for more than six weeks from the date of such order.
8. An appeal against an order passed under sub-section (2) of section 4 and section 7 shall lie to the District Magistrate within 30 days of the date of such order.
9. (1) A licence granted under this Act shall be valid for a period of one year from the date of its issue. It may be renewed for a further period of one year if an application for renewal is made in Form III specified in Schedule II within one month of the expiry of the licence. (2) Where an application for renewal is made, the licence shall continue to be valid, till it is renewed, or its renewal is refused.
10. The District Magistrate may, by order in writing authorize any officer subordinate to him to exercise all or any of the powers exercisable by him under this Act.
Penalty
11. Any person who contravenes any of the provisions of this Act, or any order made thereunder, shall be punished with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
12. Any order made under this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or any instrument having effect by virtue of any enactment other than this Act.
13. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under this Act.
14. No order made in exercise of any power conferred by or under this Act shall be called in question in any court.
15. The State Government may, by notification in the official Gazette, make rules to give effect to the purposes of this Act.
16. Any order made or action taken under the Kumaun Animal Transport Control Ordinance, 1947, shall be deemed to have been made or taken under the corresponding provisions of this Act as if this Act had commenced on May 8, 1947.