Transport Implementation of Acts & Rules

Honorable Dy. Chief Minister & Transport Minster 6th July, 2021 Karnataka government Bangalore Respected Sri Lakshman Savadi Ji, Jai Bharat, Jai Karnataka We whole heartedly welcome you in Palace City Mysore. Sir, Ministry of Surface Transport ,Shipping & Highways passed Rule 125-E and added in Motor Vehicle Act, 1988 to save speechless animals from Cruelty and unnecessary pain. PCA Act 1960 also framed Transport of Animal Rules in 2000. We congratulate Your goodself for passing and enacting Karnataka Prevention of Cattle Slaughter & & Preservation Act, 2020 showing concern towards Cow & Cattle Safety & Preservation. Karnataka having interstate Borders with Kerala, Tamilnadu, Goa, Telangana & Maharashtra has regular illegal Cattle transportation to most of these States in violation of all Acts & Rules particularly Motor Vehicle Act & Karnataka Motor Vehicle Rules. Please find attached the Glimpse of all Acts & Rules in force in Karnataka. State Transport Authority as an nodal implementing agency functioning under your noble leadership shall be directed suitably for the effective implementation, seizure of erring vehicles. A directive circular to all RTOs and also Animal Transport related Crime Register at HQ may bring required results. Hope to receive your kind patronage and action to save & serve livestock wealth of our State & Nation. With regards Dr SK Mittal Anx: MOTOR VEHICLE ACT 1988 Central Motor Vehicle (Amendment) Rules, 2015 Special requirements of Motor vehicles transporting livestock.-Central Motor Vehicle Rules, 1989 Rule 125 E. NOTIFICATION MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, Now therefore, in exercise of the powers conferred by Clause (m) of Sub Section (1) of Section 110 of Motor Vehicle Act 1988 (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicle Rules, 1989. namely:- 1. (1) These Rules may be called the Central Motor Vehicle (Amendment) Rules, 2015 (2) They shall come in force on the 1st January,2016 2. In the Central Motor Vehicle Rules. 1989 (hereinafter referred to as principal rules) after rule 125 D the following rules shall be inserted, namely:- 125 E. Special requirements of Motor vehicles transporting livestock.- (1) On and after the 1st January,2016, motor vehicles used for transportation of livestock by road shall be in accordance with the specifications of the Bureau of Indian Standards as provided in IS-14904-2007; or IS-5238:2001 or IS-5236-1982 as the case may be, as amended from time to time and the transporter or consignor of the livestock shall follow the code of practice laid down in the respective specification regarding the transport of livestock. (2) Subject to Sub Rule (1) the Motor vehicles for carrying animals shall have permanent partitions in the body of the vehicle so that the animals are carried individually in each partition where the size of partition shall not be less than the following namely:= (i) Cows & Buffalos=2.00Sq.Mts. (ii) Horses &mares= 2.25 Sq.Mts (iii) Sheep & Goats = 0.3 Sq. Mts (iv) Pig = 0.6 Sq.Mts (v) Poultry = 40 cm Sq (3) No Motor Vehiclke ment for carrying animals shall be permitted to carry any other goods (4) The Regional Transport Officer shall issue special licenses for motor vehicles meant for carrying animals on the basis of vehicles modified in accordance with the subrule (2)"(No.RT-11036/ 24/ 2014 -MVL) Karnataka Motor Vehicle Rules (1) No cattle shall be carried in a goods vehicle in a public place unless:- (B) in the case of any other cattle,- (i) a minimum floor space of 2m x 1m per head of cattle and half of such floor space for a young one of cattle which is weaned is provided in the vehicle; (ii) The lead body of the vehicle in constructed of strong wooden planks or of iron sheets with a minimum height of 1.5 meters measured from the floor of the vehicle on all sides and the back; (iii) floor battans are provided to prevent slipping of hoofs; (iv) Every projection likely to cause suffering to an animal is removal; and(v) The cattle are properly secured by ropes tied to the sides of the vehicle. Explanation.-“Cattle” for the purpose of this sub-rule includes goat, sheep, buffalo, bull, ox, cow, deer, pony, mule, ass, pig or the young ones thereof. (2) No animal belonging to or intended for a circus, menagerie or zoo shall be carried in a goods vehicle in a public place unless,- (i) in the case of wild or ferocious animal, a suitable cage, either separate from or integral with the lead body of the vehicle used of sufficient strength to contain the animal securely at all times is provided; and (ii) reasonable floor space for each animal is provided in the vehicle. (3) No goods vehicle when carrying any cattle or any animal shall be driver at a speed in excess of 24 kms. Per hour. 202. A. Power to detain vehicles._ Any Officer of of the Transport Department not below the rank of Motor vehicles inspector or an Police Officer not below the rank of circle Inspector of Police are authorized to exercise powers under Section 207. 202- B. Procedure of detaining a motor vehicle._ When a motor vehicle is detained by any officer referred to Rule 202-A, he shall take the following steps, namely.- (i) arrangement shall be made for temporary safe custody of the motor vehicle in the nearest Police station or at any appropriate place; (ii) the fact of seizure and detention shall be informed without delay to the secretary, Regional Transport Authority of the region and the secretary, Regional Transport Authority of the region to which the motor vehicles belongs; (iii) where prosecution of othe driver or owner or both is necessary, charge sheets against them shall be filed before the concerned Maistrate within three days (computation of three days shall be in accordance with section 10 of General Clauses act, 1897) from the date of seizure and the motor vehicle shall be released by the Officer who detained if after the prosecution is completed under intimation to both the secretaries of Regional Transport Authorities mentioned in clause (ii); (iv) mahazor of the vehicles is to be carried out in writing of its condition, and parts which are easily removable, replaceable and temperable (viz., Television, DVD/VCD/MP-3 Play Raido, public address system and any other such equipments) and a copy of its is to be delivered to othe person from whom it is seized, duly signed. 202- C. Release of seized and detained vehicles._ (1) An application for release of a vehicle seized and detained under sub-section (1) of section 207 shall be in the form of a memorandum in duplicate with relevant documents duly enclosing a fee of rupees fifty. The Secretaries of the Regional Trasnport Authority, of the Region shall entertain an application for release of vehicles seized and detained by his subordinate Officers 192-A. Using vehicles without permit. – (1) Whoever drives a motor vehicle or causes or allow a motor vehicle to be used in contravention of theprovisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both : Provided that the Court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose : Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order, made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made]. Corresponding Law. – Section 192-A corresponds to section 123 of the Motor Vehicles Act, 1939. Transport of Animals, Rules, under PCA ACT In exercise of the powers conferred by clause (h) 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 the said Section, namely : Transport of Animals Rules, 1978. Chapter I 1. Short TitleThese rules may be called the Transport of Animals, Rules, 1978.2. Definitions :In these rules, unless the context otherwise requires(a) qualified veterinary surgeon means one who holds a diploma or a degree of a recognised veterinary college.(b) "Schedule" means a schedule appended to these rules. CHAPTER IV Transport of Cattle 46. Rules 47 to 56 shall apply to the transport by rail of cows, bulls, bullocks, buffaloes, yaks and calves. (hereinafter in these rules referred to as cattle). 4 7. (a) A valid certificate by a qualified veterinary surgeon to the effect that the cattle are in a fit condition to travel by rail or road and are not suffering from any infectious or contagious or parasitic diseases and that they have been vaccinated against rinderpest and any other infectious or contagious or parasitic diseases, shall accompany each consignment. (b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for transport. (c) The certificate shall be in the form specified in Schedule - E. 48. Veterinary first-aid equipment shall accompany all batches of cattle. 4 9. (a) Each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided. (b)The consignee shall be informed about the train or vehicle in ' which the consignment of cattle is being sent and its arrival time in advance. (c)The consignment of cattle shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booking. 50. The average space provided per cattle in Railway wagon or vehicle shall not be less than two square metres. 51. (a) Suitable rope and platforms should be used for loading cattle from vehicles. (b) In case of railway wagon the dropped door of the wagon may be used as a ramp when loading or unloading is done to the platform. 52. Cattle shall be loaded after they are properly fed and given water. 53. Cattle in advanced stage of pregnancy shall not be mixed with young cattle in order to avoid stampede during transportation. 54. (1) Watering arrangements on route shall be made and sufficient quantities of water shall be carried for emergency. (2) Sufficient feed and fodder with adequate reserve shall be carried to last during the journey. (3) Adequate ventilation shall be ensured. 55. When cattle is to be transported by rail. (a) An ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves on broad gauge, not more than six adult cattle or ten calves on metre guage, or not more than four adult cattle or six calves on narrow gauge. (b) every wagon carrying cattle shall have at least one attendant. (c) cattle shall be loaded parallel to the rails, facing each other. (d) rations for padding, such as straw, shall be placed on the floor to avoid injury if a cattle lies down and this shall not be less than 6 cms thick. (e) rations for the journey shall be carried in the middle of the wagon. (f) to provide adequate ventilation, upper door of one side of the wagon shall be kept open properly fixed and the upper door of the wagon shall have wire gauge closely welded mesh arrangements to prevent burning cinders from the engines entering the wagon and leading to fire outbreak. (g) cattle wagons should be attached in the middle of the train. (h) cooking shall not be allowed in the wagons nor hurricane lamps without chimneys. (i) two breast bars shall be provided on each side of the wagon, one at height of 60 to 80 cm and the other at 100 to 110 cm. (j) Cattle-in-milk shall be milked at least twice a day and the calves shall be given sufficient quantity of milk to drink. (k) As far as possible, cattle may be moved during the nights only. (1) during day time, if possible, they should be unloaded, fed, given water and rested and if in milk, milking shall be carried out. 56. When cattle are to be transported by goods vehicle the following precautions are to be taken namely (a) Specially fitted goods vehicles with a special type of tail board and padding around the sides should be used. (b) Ordinary goods vehicles shall be provided with anti-slipping material, such as coir matting or wooden baord on the floor and the superstructure, if low, should be raised. (c) no goods vehicle shall carry more than six cattle. (d) each goods vehicle shall be provided with one attendant. (e) while transporting, the cattle, the goods vehicle shall not be loaded with any other merchandise; and (f) to prevent cattle being frightened or injured, they should preferably, face the engine. 8. SCHEDULE – H [See Rule 47] Proforma for Certificate of fitness to travel Cattle This Certificate should be completed and signed by a qualified Veterinary Surgeon Date and time of examination : ......................Species of cattle : ..............Number of Trucks / Railway Wagons Number of cattle : ................................................................Sex Age. Breed and identification marks, if any .......................................................... Transported from To Via I hereby certify that I have read rules 46 to 56 in Chapter IV of the Transport of Animals Rules, 1978. 1. That, at the request of (consignor) I have examined the above mentioned Cattle in the goods vehicle/ railway wagons not more than 12 hours before their departure. 2. That each cattle appeared to be in a fit condition to travel by rail/road and is not showing any signs of infectious or contagious or parasitic disease and that it has been vaccinated against rinderpest and any other infectious or contagious or parasitic diseases(s). 3. That the cattle were adequately fed and watered for the purpose of the journey. 4. That the cattle have been vaccinated. (a) Type of vaccine : (b) Date of vaccination: Signed ......................................................... Address ...................................................Qualifications ............Date .............