Sikkim Prevention of Cow Slaughter Act, 2017 (Act No. 17 of 2017)

.. Sll<KIM GOVERNMENT GAZETTE Gangtok No. 17/LD/17 EXTRAORDINARY PUBLISHED BY AUTHORITY Thursday 21 st September, 2017 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NOTIFICATION No. 457 Dated: 21 .09.2017 The fol lowing Act passed by the Sikkim Legis lative Assembly a nd having re c eived asse nt o f t h e Gove rn o r on 81h day of Septembe r , 201 7 is hereby published fo r g eneral information : THE S IKKIM PREVENTION OF COW SLAUGHTER ACT, 2017 (ACT NO. 17 OF 2017) AN ACT to prohibit and prevent the slaughter of cow and its female progeny in the State of Sikkim. BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year o f the Republic of India as follows : Short title, extent and commencement Definition 1 2 ( 1) (2) Th is Act may be c al led the Sikkim Preventi on of Cow Slaughter Act, 2017. It extends to the whole of Sikkim. (3) It shall come into force at once. In this Act, unless the context otherwise: (a) "competent autho ri ty" mea ns th e p erson o r p ersons appointed in this beha lf by the Government by notification to exercise the powers and perfo rm the functions of a competen t authority under th is Act or the ru les made thereunder for such area or a reas and fo r such pe r iod as may be specified in the notification ; (b) "cow" includes milking cow, d ry cow, heifer, calf; Prohibition of cow slaughter Appointment and functions of Competent Authority 3 4 (c) "Government" means the State Government of Sikkim; (d) "prescribed" means prescr ibed by rules made under t11 is Act ; (e) "slaughter" means kil ling of an animal; (f) "u nproductive cow" includes a cow which is permanently disabled, diseased, old aged cow, a cow which is permanently anoestrus . Notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary and except as hereinafter provided, no person shall, at any place within the State of Sikkim slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter, a cow. ( 1) The State Government may, by notification in the Official Gazette, appoint a person or a body of persons to perform the functions of a Competent Authority unde r th is Act tor such local area as may be specified in the notification. (2) Notwithstanding anything contained in any other law for the time being in force or any usage to the contrary, no person shall slaughter or cause to be slaughterc:cJ a cow unless, he obtains in respect of such cow a certificate in writing from the Competent Authority appointed for that area, where the cow is to be slaughtered. (3) The State Government may, at any time for the purpose of satisfy ing itself as to the legality or propriety of any order passed by a Competent Authority grant ing or refusing to gran t any certificate under this' sect ion, call for and examine the records of the case and may pass such order in reference thereto as it thinks tit. (4) A certificate under this section shall be granted in such form and on payment of such fees as may be prescribed. (5) 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. (6) No animal in respect of which a certificate has been issued under this section shall be slaughtered in any place other than a place specified by such authority c>r officer as the Government may appoint in this behalf. (7) For the purpose of this Act, the Competent Authority or any person authorized in this behalf by the Competent Authority (hereinafter referred to as the authorized person) shall have power to enter and inspect any prem ises where the Competent Authority or the authorized person has reasons to be lieve tha t an offence under thi s Act has been or is likely to be committed. 2 Section 3 not to apply to diseased cows Establishment of institution/ Protective Shed/ Shelter House Offences and Penalties 5 6 7 (8) Every person in occupat ion of any such premises shall allow the Competent Authority or the authorized person such access to the premises 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 by the authorized person. ( 1 ) Nothing in section 3 shall apply to the slaughter of a cow: (a) which is suffering from any contagious or infectious disease notified as such by the Government; or (b) Where a cow is slaughtered for the reasons stated in clause (a) , the person who slaughters or causes to be slaughtered such cow, shall first obtain a certificate from the Competent Authority under sub section (2) of section 4 of this Act. (2) Such cow shall be slaughtered in such manner and at such place as m,w be prescribed by rules. (3) The carcass of such cow shall be buried or disposed of in such manner as may be prescribed by rules. There shall be protective shed/ shelter house etc established, maintained, managed, supervised and controlled by the Government or by any Local Authority, wherever so directed by the Government as may be necessary for taking care of unproductive cows in such manner as may be prescribed by rules. ( 1) (2) (3) (4) (5) The offence under this Act shall be cognizable and non- bailab le. Any person who contravenes the provision of section 3 shall be guilty of committing of an offence punishable with an imprisonment for a term which shall not be less than 2 (two) years but may extend to 5 (five) years and with fine which shall not be less than Rs. 10 ,000/-(Rupees ten thousand) only. Any person committing the same offence for the second time or subsequent time shall be punished with a rigorous imprisonment for a term which shall not be less than 5 (five) years but may extend to 7 seven years and with fine which shall not be less than Rs. 1,00,000/- (Rupees one lakh) only. Any person who abets and attempt to contravene the provisions of section 3 shall be punished with an imprisonment fo r a term of 2(two) years or with fine of Rs . 10,000/- (Rupees ten thousand) only or Any person who fails to obta in a certificate in accordance with the provisions of sub- section (2) of section 4 shall be guilty of committing an offence and shall be liable to be punished with a simple. imprisonment for a term of 1 (one ) ~ .) Power to remove 8 difficulties Power to make rules Provision to be in addition to existing law 9 10 year or with a fine which shall not be less than Rs. 1 000/ (Rupees one thousand) only or wi th both. (6) Where, in a trial for an offence punishable under sub section (2) or sub- section (3), the accused pleads that the slaughtered cow belonged to the class specified in clause (a) of sub- section (1) of section 5, the burden of proving the said fact shall be on the accused. (7) Notwithstanding anything contained in the Code of Criminal Procedure 1973; An officer / public servant not below the rank of a Veterinary OHicer shall lodge a first information report with regard to the commission of such offences as specified under the Act; such offences shall be tried in the competent Court of Law having territorial jurisdiction in the State of Sikkim. (8) Any person who has witnessed or seen the occurrence or came to his knowledge about the commission of offence in contravention of the provision of section 3, may make a complaint/ first information report to the nearest Po lice Station having territorial jurisdiction . If any difficulty arises in giving effect to any of the provision of this Act, the State Government may, by order, remo•;p such difficulty: Provided that no such order shall be made after the expiration of a period of two years from the date of commencement of this Act. ( 1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the foregoing powers, such ru les may provide for: (a) the conditions and the circumstances under which cows are to be slaughtered under section 5; (b) the manner in which diseases shal l be notified under clause (a) of sub-section (1) of section 5; (c) the matters relating to the establishment, maintenance, management supervision and control of institutions referred to in section 6; (d) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer or authority; and (e) any other matter which is to be or may be prescribed. The prov isions of this Act shall be in addition to and not in derogation of any other law for the time being in force in Sikkim . Jagat B. Rai (SSJS) LA-cum-Secretary, .Law Department. S. G.P.G. - 457/ Com. 6/GozP.ttP. 1100 Nos.l Dt:- 21.09.2017.