THE PREVENTION OF CRUELTY TO ANIMALS
(LICENSING OF FARRIERS) RULES, 1965.
In exercise of the powers conferred by clause (f) of sub-section (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, the same having been previously published as required by subsection (1) of that section, namely
The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965
Short title and commencement:
These rules may be called the Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
They shall come into force in any State on such date as the State Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different areas of the State.
In these rules, unless the context otherwise requires
"cattle" means buffaloes, bullocks, horses, mules, or donkeys and includes other
animals used for draught, pack or carriage purpose, which require shoeing;
"farrier" means a person who carries on the business of shoeing cattle
"licence" means a licence granted under these rules;
"licensing authority" means such officer of the veterinary department of the State
or a local authority or any organiscition for the welfare of animals as the State Government may, by general or special order, specify in this behalf.
3 Farriers to be licenced :
No person shall, after the commencement of these rules, begin to carry on the business of a farrier, and no person carrying on the business of a farrier at the commencement of these rules, shall, after the expiration of three months from such commencement, continue to carry on such business, except under a licence.
Persons entitled to apply for licence
Every person who
has completed the age of eighteen years , and
has undergone any such training in the business of shoeing cattle as may be approved by the licensing authority;* or
has been carrying on the business of a farrier for not less than two years before the commencement of these rules shall be entitled to a licence.
Application for licence :
Every person who at the commencement of these rules is carrying on the business of a farrier and who intends to carry on such business after such commencement and every person who intends to begin such business after such commencement shall apply in writing to the licensing authority for a licence giving his name, place of residence, place of business. his qualifications for the licence and such other particulars as the licensing authority may require
Grant of licence :
The licensing authority shall after satisfying himself as to whether the applicant is a fit and proper person to be granted a licence and whether he has equipped himself or has made arrangements for equipping himself with proper tools and other implements for the purpose of his business, grant to, every applicant who is duly qualified in this behalf a licence in the form prescribed in the Annexure to these rules.
Explanation : The tools and other implements which a person carrying on or intending to carry on the business of a farrier shall ordinarily have in his possession are the following, namely
Driving hammer with claws.
Chisel for cutting bar iron.
Punch for making nail holes.
Nails for shoeing.
Wooden plank for finishing work.
Good quality wrought iron for shoes.
Term of licence and renewal thereof :
A licence shall be valid for a period of two years from the years from the date of its grant, but it may be renewed from time to time on application made by the licence stating the period from which the licence is to be renewed:
Provided that no licence shall be renewed for a period exceeding two years at a time.
The renewal of a licence shall be made by inscribing, in the columns provided for the purpose in the licence, the date of renewal, the date of expiry of the renewed licence and the signature of the licensing authority.
Issue of duplicate licence :
If a licence is defaced, lost or destroyed the licensing authority may after making such inquiry into the matter as he thinks fit, issue a duplicate.
Farrier to exercise reasonable care and skill :
Every licence under these rules shall exercise a reasonable degree of care and skill in the shoeing of cattle.
Cancellation of licence:
It shall be lawful for ' the licensing authority to enter the place of business of any licence during normal working hours for the purpose of inspection; and if, in the opinion of the licensing authority the licence is unable to exercise a reasonable degree of care and skill in the shoeing of cattle or is not properly equipped for the purposes of his business, he may, after giving the licence a reasonable opportunity of being heard, cancel the licence.
A licence may also be cancelled if the licensing authority is satisfied, after giving the licence a reasonable opportunity of being heard, that there has been a breach of any of the conditions of the licence.
"10A.An appeal shall lie from any order refusing or canceling a licence under these rules to such authority as the State Government may, by notification in the official Gazette, specify for the purpose."
Issue of fresh licence after cancellation
A person whose licence has been cancelled under rule 10 may be granted a fresh licence on application made in this behalf if the licensing authority is satisfied that having regard to the circumstances obtaining at the time of such application, there is no reason why the applicant should not be granted a fresh licence.
The fees payable on every application for a licence shall be one rupee and that on every application for renewal of the licence or for a duplicate thereof shall be fifty paise.
Such fees may be paid either in cash or by affixing non-judicial stamps of equivalent value to the application.
Maintenance of register
The licensing authority shall maintain a register containing full particulars relating to every licence
Inserted by the Licensing of Farriers (Amendment) Rules, 1966 - vide Government of India, Ministry of Food, Agriculture, Community Development and co-operation (Department of Agriculture) Notification No. 1913/65-LD, dated the 8th March, 1966
Licence No .................................................
1. Name of Licence.
2. Place of residence and full postal address.
Place of business.
4. Duration of Licence.
CONDITIONS OF LICENCE
This licence is valid for two years only from the date of its grant, unless renewed, on application made under rule 7 of the Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965, within one month before the date of expiry of the original or earlier licence.
During the continuance of the licence, the licence shall be bound to produce for inspection during normal workings hours and at his place of business all the tools and other implements in his possession and kept for the purpose of his business if a demand for the production of the same is made by the licensing authority.
The licence shall afford all reasonable facilities for the purpose of enabling the licensing authority to inspect the place of business of the licence and the manner in which he is carrying on the business.
* (Notified in the Gazette of India, Part 11, Section 3, Sub-section (ii) vide Government of India, Ministry of Food & Agriculture No.9-18/62-LD, dated 23rd March, 1965).Substituted by the Licensing of Farriers (Amendment) Rule, 1966.