Himachal Pradesh Prohibition of Cow Slaughter Act, 1979 (Act No. 11 of 1979)

THE HIMACHAL PRADESH PROHIBITION OF COW SLAUGHTER ACT,I979 ARRANGEMENT OF SECTIONS Sections: I. Short title, extent and commencement. 2. Definition. 3. Prohibition of slaughter. 4. Exceptions. 5. Prohibition of sale of beef. 6. Establishment of institutions. 7. Levy of fees. 8. Penalty. 9. Offences to be cognizable and non-bailable. 10. Power to make rules. II . Repeal and savings. THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER ACT,1979 (ACT No. 11 OF 1979) 1 (Received the assent of the Governor, Himachal Pradesh on 8-6-1979 and was published in R.H.P. Extra., dt. 16-6-1979, p. 1927-1929) . An Act to prohibit the slaughter of cow and its progeny in Himachal Pradesh. BEit enacted by the Legislative Assembly of Himachal Pradesh in the Thirtieth Year of the Republic of Indiaas follows: 1. Short title, extent and commencement.- (I) This Act may be called the Himachal Pradesh Prohibition of Cow Slaughter Act, 1979. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall come into force atonce. 2. Definition.-In this Act, unless there is anything repugnant to the subject or context, (a) "beef" means flesh of cow in any form but does not include flesh of cow contained in sealed containers and imported into Himachal Pradesh; 1. For statement of Objects and Reasons. see R.H.P. EXira. dated 24-3-1979. P.IOI5. 2 (b) "beef products" include extraction from beef; (c) "cow" includes a bull, bull. ck, ox, heifer or calf; (d) "prescribed" means prescribed by rules made under this Act; (e) "slaughter" means killing by any method whatsoever and includes maiming and inflicting of physical Injury which in the ordinary coursewill causedeath; (I) "Government" means the Government of Himachal Pradesh; and (g) "uneconomic cow" includes stray, unprotected, infirm, disabled, diseased or barren cow. 3. Prohibition of slaughter.-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 or cause to be offered for slaughter any cow in any place in Himachal Pradesh: Provided that killing of a cow by accident or in self-defence will not be considered as slaughter under the Act. 4. Exceptions.-(l) Nothing in section 3 shall apply to the slaughter of a cow (a) whose suffering is such as to render its destruction desirable according to the certifica te of the Veterinary Officer of the area or such other officer of the Animal Husbandry Department as may be prescribed; or (b) which is suffering from any contagious or infectious disease notified as such by the Government; or (c) which is subject to experimentation in the interest of medical and public health research by a certified medical practitioner of the Animal Husbandly Department. (2) Where it is intended to slaughter a cow for the reasons specified in clause (a) or clause (b) of sub-section (1 ) it shall be incumbent for a person doing so to obtain a prior permission in writing of the Veterinary Officer of the area or such other officer of the Animal Husbandry Department as may be prescribed. 5. Prohibition of sale of beef.-Except as herein excepted and notwithstanding anything contained in any other 1 w for the time being in force no person shall sell or offer for sale or cause to be sold beef or beef products in any form except for such medicinal purposes as may be prescribed. 6. Establishment of institutions.- There shall be established by the Government, or by any local authority when so directed by the Government, institutions for the reception, maintenance and care of uneconomical cows. 7. Levy of fees.-The State Government or the local authority, if so authorised, may levy such fees as may be prescribed for care and maintenance of uneconomic cows in the institution. 3 8. Penalty.-(I) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or 5 shall be guiltyof an offence punishable with rigorous imprisonment for a term which may extend to five years. or with fine which may extend to five thousand rupees. or with both. (2) Whoever fails to lodge the information in the manner and within the time stated in sub-section (2) of section 4 shall be guilty of an offence punishable with simple imprisonment for a term which may extend to one year. or with fine which mayextend to two hundred rupees. or with both. (3) In any trial for an offence under sub-section (I) or sub-section (2) the burden of proving that the slaughtered cow belonged to the classspecified in clauses (a) or (b) of sub-section (I) of section 4 shall be on the accused. 9. Offences to be cognizable and non-bailable.-Notwithstanding anything contained in the Code of Criminal Procedure. 1973 (2 of 1974) an offence punishable under sub-section (I) of section 8 shall be cognizable and non- bailable. 10. Power to make rules.- (I) The State Government may make rules for the purpose of carrying into effect the previsions of this Act. (2) Without prejudice to the generality of the foregoing powers. such rules may provide for (a) the conditions and the circumstances under which cows may be slaughtered under sub-section (I) of section 4; (b) the manner in which diseases shall be notified under clause (b) of sub-section (I) of section 4; (c) the manner in which permission shall be obtained under sub section (2) of section 4; (d) the forms and contents of the certificate mentioned in sub-clause (a) of sub-section (I) of section 4 and .the authorities competent to grant it; (e) the manner in which and conditions under which beef or beef products are to be sold under section 5; (I) the matters relating to the establishment. maintenance. management. supervision and control of institutions referred to in section6; (g) the duties of any officer or authority having jurisdiction under this Act. the procedure to be followed by such officer or authority; and (h) the matters which are to be and may be prescribed. (3) Every rule made under this Act shall be laid as soon as may be after it is made. before the Legislative Assembly while it is in session for a total period of not less than fourteen days. which may be comprised in one session or in two or more successive sessions. and if. before the expiry of the session in which it is so laid or the session immediately following. the 4 Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 11. Repeal and savings.-(J) The Punjab Prohibition of Cow Slaughter Act, 1955 (15 of 1956) in its application to the territories added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) is herby repealed. (2) Notwithstanding such repeal anything don, action taken, rules made or notification issued in exercise of the powers conferred by or under the provisions of thiS Act, shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done, action taken, rules made or notification issued.