THE KUMAUN ANIMAL TRANSPORT CONTROL ACT, 1947

105 

 

THE KUMAUN ANIMAL TRANSPORT CONTROL ACT, 1947
1 

[U. P. Act no. XV of 1947] 

 

AMENDED BY U. P. ACT NO. V 1950 

 

Adapted and modified by the Adaptation of Laws Order, 1950 

[Passed by the United Provinces Legislative Assembly on April 25, 1947 and the 

United Provinces Legislative Council on May 26, 1947.  

Received the assent of the Governor-General on July 1, 1947, under section 76 of 

the Government of India Act, 1935 and was published in the United Province Government 

Gazette Extraordinary of July 8, 1947.]  

 

AN 

ACT 

to provide for the control of animal transport in the Kumaun Division.  

WHEREAS it is necessary and expedient to control animal transport in the 

Kumaun Division for the purpose of distributing goods essential to the life of the 

community;  

It is hereby enacted as follows : -- 

 

Short title, 

extent and  

commencement 

 

1. (1)  This Act may be called the Kumaun Animal Transport Control Act, 1947.  

(2)  It extends
2
 to the whole of the Kumaun Division.  

(3)  It shall come into force at once.  

 

Definitions  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.  

 

Prohibition 

against plying  

transport 

animal for hire 

without licence 

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.  

 

 
 

1.   For Statement of Objects and Reasons see, U. P. Gazette Extraordinary dated April, 10 

1947. Page 1. 

2.  This Act has been extended to Tehri- Garhwal by section 3 and Schedule of Tehri-

Garhwal (Application of Laws) Order, 1949, with effect from November 30, 1949 

vide notification no. 3262/XVII, dated November 30, 1949 .  



106 

 

[The Kumaun Animal Transport Control Act, 1947]     [Section 4-11] 

 

 
Application for  

licence 
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.  

 

Prohibition 

against charging  

rates higher  

than prescribed  

rates 

 

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.  

Power of  

District 

Magistrate to  

requisition 

services of  

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.  

 

Suspension or  

cancellation of  

licence 

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.  

 

Appeals 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.  

 

Period and  

renewal of  

licence 

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.  

 

Delegation of  

powers  
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.  

  
 

1. Added by section 2 of U. P. Act No· V of 1950· 



107 

 

[The Kumaun Animal Transport Control Act, 1947]    [Section 12-Schedule] 
 

Effect of orders 

inconsistent 

with other  

enactment  

 

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.  

Protection of  

action taken  

under the 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.  

 

Orders under 

the Act not to 

be questioned 

in any court  

 

14. No order made in exercise of any power conferred by or under this Act shall 

be called in question in any court.  

Rule making  

power  

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. 

 

SCHEDULE I 
 

1. Foodstuffs, including edible oils and oilseeds.  

2. Cotton and woollen textiles.  

3. Petroleum and petroleum products.  

4. Drugs.  

5. Iron and steel.  

[6.   Resin]
1
.  

 

SCHEDULE II 

FORM I 

Licence Form 

Particulars of licence 

1. Number of licence.  

2. Name, parentage, caste and residence of licensee.  

3. Number of ponies, donkeys and mules in respect of which licence is 

issued.  

4. Name, parentage, caste and residence of drivers.  

5. Route or area, for which the licence shall be valid.  

6. Period of licence.  

7. Renewed for .................................................................................................. 
.................................................................................................. 

 
 

  

1. Ios. by Notification no. 5621/XXIX-B (F) dated September 26. 1947  



108 

 

[The Kumaun Animal Transport Control Act, 1947]    [Schedule-Form 2] 
 

 

Conditions of licence 

1. The licensee shall not charge rates higher than the prescribed rates given 

below except as provided for in section 6;  
 

 

Schedule of rates 
 

2. The licensee shall immediately inform the licensing authority of any change in 

the particulars of the licence and get the licence amended, if necessary.   

3. The licence shall be produced for inspection on demand by any police officer 

or any other official not inferior in rank to a patwari. 

4. The licensee shall, within one month of the receipt of the licence, attach to the 

neck of the transport animal a wooden ticket, displaying the number of the 

licence. Such tickets shall be obtainable from the licensing authority on 

payment of annas four for each ticket.  

5. The licensee shall obey any other instructions given to him by the licensing 

authority for carriage of any essential commodity.  
 

Date. …….....                                                                                Signature of  

 

                                                                                                        Licensing Authority.  

 

 

FORM II 

 

Application for licence  
 

1. Name, parentage, caste and residence of applicant. 

2. Number of ponies, donkeys or mules for which licence is applied for. 

3. Name, parentage, caste and residence of drivers employed. 

4. Route or area over which an animal shall ply for hire.  
 

Date ..... .........                                                              Signature of applicant.  

 

 

FORM III 

 

Application for renewal of Licence  

 

1. Number of licence.  

2. Name, parentage, caste and residence of licensee.  

3. Date of the last renewal.  

4. Period of the last renewal.  

5. Any change in the particulars of the licence on or after the date of the expiry of 

the licence.