Maharashtra Animal Preservation Act, 1976 Complete Act - Bare Act

An Act to provide for the prohibition of slaughter of cows and for the preservation of certain other animals suitable for mulch, breeding, draught or agricultural purposes. Prohibition of slaughter of cows etc. WHEREAS it is expedient to provide for the prohibition of slaughter of cows and for the preservation of certain other animals suitable for milch, breeding, draught or agricultural purposes and to provide for matters connected

therewith; It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows: -

STATEMENT OF OBJECTS AND REASONS MAHARASHTRA STATE GAZETTE, DEC. 23, 1976 At present there are three Acts in force in the State regulating the slaughter of animals and preservation of useful animals. It was necessary to have one uniform law applicable to the entire State.

This matter was, therefore, under consideration of Government, but could not be taken up so far because the State policy regarding complete prohibition of the slaughter of cows in the entire State was to be decided. At present, such prohibition is in force only in the Vidarbha region of the State. It has now been decided to prohibit completely the slaughter of cows in the entire State. Accordingly, the Bill provides for the unification of the laws regarding preservation of animals and seeks to impose a complete ban on the slaughter of cows in the entire State, keeping in view the directive principles embodied in article 48 of the Constitution of India. Accordingly, the other objects of the Bill are :- (a) to organise animal husbandry on modern and scientific lines ; (b) to preserve and improve the breeds ; and (c) to prohibit the slaughter of milch, draught, useful and economical animals. MAHARASHTRA STATE GAZETTE, Jan. 28, 1980 The Maharashtra Animal Preservation Act was passed in 1977 and was brought into force from April 1978. Since that time the unrest and concern was felt among the Muslims on the occasions of

Bakari -Id, when the animals are slaughtered religiously. The Veterinary Doctors do not pass the animals as fit to be slaughtered unless the animal is either old, sick, lame, blind, For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976, Part V, Extraordinary, dated 6th December 1976, page 679. crippled or of no use. The very purpose of the religious rite performed by the Muslims on the occasion of Bakari -Id is to slaughter a healthy and young male animal. As the sacrifice has a spiritual and religious aim the restriction imposed by the said Act stands in the way. Often the masses are found to violate the Law. The restriction round the year is understandable to prevent indiscriminate slaughter of healthy animals but at the time of Bakari-Id few animals are slaughtered with a spiritual intent. The amendment seeks a concession for the three days of Bakari-Id in respect of male animals and no demand is made to lift the restriction imposed with regard to the female animals. The bill seeks to achieve the above objects by amending the Act. MAHARASHTRA STATE GAZETTE, Jul. 7, 1995 The Maharashtra

Animal Preservation Act, 1976 (Mah. IX of 1977), has been brought into force in the State from the 15th April 1978. The Act totally prohibits in any place in the State, slaughter of cows which also include heifer and male or female calf of cow and provides for preservation of certain other animals specified in the Schedule to the Act, like bulls, bullocks, female buffaloes and buffalo calves. Section 6 of the Act empowers the persons appointed as competent authority under this Act to issue certificate for slaughter of the scheduled animals, but such certificate is not to be granted if in the opinion of that competent authority the animal is or is likely to become useful for draught, agricultural operations, breeding, giving milk or bearing offspring. 2. The economy of the State of Maharashtra is still predominantly agricultural. In the agricultural sector, use of cattle for milch, draught, breeding or agricultural purposes always has great importance. It has, therefore, become necessary to emphasise preservation and protection of agricultural animals like bulls and bullocks. With the growing adoption of non-conventional energy sources like bio-gas plants, even waste material have come to assume considerable value. After the cattle cease to be useful for the purpose of breeding or are too old to do work, they still continue to give dung for fuel, manure and bio-gas and, therefore, they cannot, at any time, be said to be useless. It is well established that the backbone of Indian agriculture is, in a manner of speaking, the cow and her progeny and have, on their back, the whole structure of the Indian agriculture and its economic system. 3. In order to give complete effect to the policy of the State towards securing the Directive Principles laid down in article 48 of the Constitution of India and in larger public interest, it is considered necessary to impose total prohibition on slaughter of progeny of cow also. 4. It has also been decided to enhance the penalty of imprisonment from six months to two years and of fine from one thousand rupees to two thousand rupees prescribed in section 9 of the Act for making it deterrent with a view to curb the offences under the Act. 5. The Bill seeks to amend the Act suitably for the above purposes. MAHARASHTRA

STATE GAZETTE, Jul. 24, 1995 The Maharashtra Animal Preservation Act, 1976 has been brought into force in the State from the 15th of April, 1978. Although the Act is intended to make provision for preservation of certain animals suitable for milch, breeding, draught or agricultural purposes, it does not contain any provisions for maintenance and upkeep of such animals having become or being rendered in course of time not useful for the aforesaid purposes. The animals which are not useful for agricultural purposes become a liability on the farmers who find it difficult to maintain such animals along-with other animals which are essential and useful for agricultural purposes. It has therefore, become necessary to make suitable provisions in the Act itself for aiding and assisting the farmers by Government in maintenance and upkeep of animals that are not useful and suitable for agricultural and other allied purposes. The Bill seeks to achieve this objective. MAHARASHTRA STATE GAZETTE, Aug. 2nd, 1995 The Maharashtra Animal Preservation Act, 1976 (Mah. IX of 1977), has been brought into force in the State from the 15th April 1978. The Act totally prohibits in any place in the State, slaughter of cows which also include heifer and male or female calf of cow and provides for preservation of certain other animals specified in the Schedule to the Act, like bulls, bullocks, female buffaloes and buffalo calves. Section 6 of the Act empowers the persons appointed as competent authority under this Act to issue certificate for slaughter of the scheduled animals, but such certificate is not to be granted if in the opinion of that competent authority the animal is or is likely to become useful for draught, agricultural operations, breeding, giving milk or bearing offspring. 2. The economy of the State of Maharashtra is still predominantly agricultural. In the agricultural sector, use of cattle for milch, draught, breeding or agricultural purposes always has great importance. It has, therefore, become necessary to emphasis preservation and protection of agricultural animals like bulls and bullocks. With the growing adoption of non -conventional energy sources like bio-gas plants, even waste material have come to assume considerable value. After the cattle cease to be useful for the purpose of breeding or are too old to do work, they still continue to give dung for fuel, manure and bio-gas and, therefore, they cannot, at any time, be said to be useless. It is well accepted that the backbone of Indian agriculture is, in a manner of speaking, the cow and her progeny and they have, on their back, the whole structure of the Indian agriculture and its economic system. 3. In order to achieve the above objective and also to ensure effective implementation of the policy of State Government towards securing the directive principles laid down in article 48 of the Constitution of India and in larger public interest, it is considered expedient by the Government of Maharashtra to impose total prohibition on slaughter of also the progeny of cow. Certain other provisions which it is felt by the Government would help in effecting the implementation of such total ban are also being incorporated such as provision for prohibition on the transport, export, sale or purchase of the above category of cattle for slaughter, in regard to entry, search and seizure of the place and vehicles where there is a suspicion of such offences being committed, provision placing the burden of proof on the accused, provision regarding custody of the seized cattle, pending trial with the Goshala or panjarapole or such other Animal Welfare Organisations which are willing to accept such custody and the provision relating to liability for the payment of maintenance of such seized cattle for the period they remained in the custody of any of such charitable organisations by the accused. It is also being provided for enhancement of penalty of imprisonment for certain kind of offences under section 9 of the Act from six months to five years and of fine of one thousand rupees to ten thousand rupees and with a view to curb the tendency towards such offences also making such offences non-bailable so as to serve as deterrent. 4. The Bill seeks to amend the said Act suitably for the above purposes.

(1) This Act may be called the Maharashtra Animal Preservation Act, 1976.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(4) It shall apply to cows and to scheduled animals.

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in articles 48 of the Constitution of India .

In this Act, unless the context otherwise requires:-

(a) " competent authority " means a person or body of persons appointed by the State Government under section 4 to perform the functions of a competent authority under this Act;

(b) " cow" includes a heifer or male or female calf of a cow;

(c) "prescribed" means prescribed by rules made under this Act:

(d) "Schedule" means the Schedule appended to this Act;

(e) "scheduled animal" means any animal specified in the Schedule; and the State Government may, by notification in the Official Gazette, add to the Schedule any species of animals, after considering the necessity for preservation of that species of animals; and the provisions of sub-section (3) of section 16, in so far as they relate to laying before, and modification by, the State Legislature, shall apply in relation to such notification as they apply to any rule made under that section.

The State Government may, by notification in the Official Gazette, appoint one or more persons or one or more bodies of persons to perform the function of a competent authority under this Act and specify the areas within which they shall perform such functions.

Notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer for slaughter any cow in any place in the State of Maharashtra.

(1) Notwithstanding anything contained in any law for the time being in force or any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered any scheduled animal in any place in the State of Maharashtra, unless he has obtained in respect of such animal a certificate in writing from the competent authority that the animal is fit for slaughter.

(2)Certificate not granted under certain conditions. No certificate shall be granted under sub-section (1), if in the opinion of the competent authority, -

(a) the scheduled animal, whether male or female, is or is likely to become economical for the purpose of draught or any kind of agricultural operations;

(b) the scheduled animal, if male, is or is likely to become economical for the purpose of breeding;

(c) the scheduled animal, if female, is or is likely to become economical for the purpose of giving milk or bearing offspring.

(3)State Government may examine the order of the competent authority ret using to grant a licence. The State Government may, on an application by any person aggrieved by an order passed by the competent authority refusing to grant him a certificate, made to it within sixty days from the date of receipt of such order, or at any time suo motu, call for and examine the records of the case for the purpose of satisfying itself as to the legality or propriety of any order passed by the competent authority under this section, and pass such order in reference thereto as it thinks fit.

(4) A certificate under this section shall be granted in such form and upon payment of such fees as may be prescribed.

(5) Subject to the provisions of sub-section (3), any order passed by the competent authority granting or refusing to grant a certificate, and any order passed by the State Government under sub-section (3), shall be final and shall not be called in question in any Court.

No scheduled animal in respect of which a certificate has been issued under section 6 shall be slaughtered in any place other than a place specified by such authority or officer as the State Government may appoint in that behalf.

(1) For the purposes of this Act, the competent authority or any person authorised in writing in that behalf by the competent authority (hereinafter in this section referred to as " the authorised person ") shall have power to enter and inspect any place where the competent authority or the authorized person has reason to believe that an offence under this Act has been, or is likely to be committed.

(2)Access to the place. Every person in occupation of any such place shall allow the competent authority or the authorised person such access to that place as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the competent authority or the authorised person.

Whoever contravenes any of the provisions of this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act shall be cognizable.

Whoever abets any offence punishable under this Act or attempts to commit any such offence shall be deemed to have committed that offence and shall, on conviction, be punished with the punishment provided for such offence under section 9.

All persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Subject to any conditions prescribed in this behalf, this Act shall not apply to, -

(a) any animal (other than cow) operated upon for vaccine, lymph or serum at any institution established, conducted or recognised by the State

Government;

(b) any animal (other than cow) operated upon for any experimental or research purposes at the institution referred to in clause (a);

(c) any animal (other than cow) or class thereof ,-

(i) slaughter of which is certified by a veterinary surgeon authorised in this behalf by the State Government to be necessary in the interest of the public health;

(ii)Vol .2 F-12 which are suffering from any disease which is certified by such veterinary surgeon as being contagious and dangerous to other animals:

Provided that no animal referred to in this section shall be slaughtered or cause to be slaughtered unless an authority in writing for such slaughter has been obtained from the competent authority.

The State Government may, by notification in the Official Gazette, delegate, -

(a) to any local authority, its powers and functions under section 4 within the local area subject to the jurisdiction of such local authority;

(b) to any officer of the State Government, its powers and functions under sub-section (3) of section 6,

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for, -

(a) the form of the certificate under section 6;

(b) the amount of the fee to be paid for such certificate;

(c) the conditions subject to which this Act shall not apply to any scheduled animal under section 14;

(d) any other matter which is or may be prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the Official Gazette of such decision have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

On the commencement of this Act, the following Acts, that is to say, -

(1)Bom. LXXX1 of 1948 the Bombay Animal Preservation Act, 1948,

(2)Bom. LXX11 of 1954. the Bombay Animal Preservation Act, 1954,

(3)C. P. and Berar .II of 1949. the Central Provinces and Berar Animal Preservation Act, 1949. and

(4)Hyd. VII of 1950 the Hyderabad (Slaughter of Animals) Act, 1950, shall stand repealed:

Provided that such repeal shall not affect, -

(a) the previous operation of any Act so repealed, or anything duly done or suffered thereunder;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including notifications, orders or certificates issued, appointments or rules made) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force in the respective area accordingly, unless and until superseded by anything done or any action taken under this Act.