Assam Cattle Preservation (Amendment) Act, 2021 (Assam Act No XLVI of 2021)

Registered No.-768/97 THE ASSAM GAZETTE ~~ct EXTRAORDINARY ett~ <15{'11◄ ~ ~ PUBLISHED BY THE AUTHORITY r~ 38 ~9.r◄{. ~~. 28 i.Stl'i ~~, 2022, 8 ~ 1943 ~) No. 38 Dispur, Friday, 28th January, 2022, 8th Magha, 1943 (S. E.) GOVERNMENT OF ASSAM ORDERSBYTHEGOVER~OR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 28th January, 2022 No. LGL.83/2021/55.- The following Act of the Assam Legislative Assembly which received the assent of the Governor of Assam on 24th January, 2022 is hereby published for general information. ASSAM ACT ~O. XLVI OF 2021 (Received the assent of the Governor on 24th January, 2022) THE ASSAM CATTLE PRESERVATION (AMENDMENT) ACT, 2021 164 THE ASSAM GAZETI'E, EXTRAORDINARY, JANUARY 28, 2022 Preamble Short title, extent and commencement AN ACT Whereas, it is expedient to amend the Assam Cattle Preservation Act, 2021, hereinafter referred to as the principal Act, in the manner hereinafter appearing ~ It is hereby enacted in the Seventy-second Year of the Republic of India, as follows : ( 1) This Act may be called the Assam Cattle Preservation (Amendment) Act, 202 I. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of 2. In the principal Act, in section 6, section 6 (i) in fourth and fifth line for the words "or other premises", appearing in between the words "hereunder" and "as" shall be omitted. (ii) in sixth line, for the punctuation mark " :" appearing after the word "Act" the punctuation mark"." shall be substituted. (iii) the proviso shall be omitted. Amendment of 3. In the principal Act, in section 7, section 7 (i) in sub-section (2), in third line, in between the words "State" and "the", the words "of Assam" shall be inserted. (ii) for sub-section (3 ), the following shall be substituted, namely: "(3) No person shall transport or offer for transport or cause to be transported any cattle from any place within the State of Assam to any other place in a district within the State which shares international border with any foreign country, the slaughter whereof is punishable under this Act." (iii) for sub-section ( 4), the following shall be substituted, namely: "(4) Notwithstanding anything contained in sub sections (1), (2) and (3), the competent authority may Assam Act No. XXVof 2021 THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 28, 2022 165 issue permit to any agency or farm, registered under the Animal Husbandry and Veterinary Department, Assam for transport of cattle for bona-fide · agricultural or animal husbandry purposes or for transportation of cattle for trade for the said purposes as may be prescribed in the rules framed under this Act." (iv) in sub-section (6), in clause (i), in third line, for the words and punctuation mark "particular district;" appearing after the word "the", the word and punctuation mark "State:" shall be substituted and thereafter the following proviso shall be inserted, narnely: "Provided that such exception shall be subject to the restrictions provided in sub-section (3) of section 7 of this Act." (v) in clause (ii), in fourth line, for the words and punctuation mark "district." appearing at the end, the word and punctuation mark, "State:" shall be substituted and thereafter the following proviso shaJI be inserted, namely: Amendment of 4. (i) section 11 "Provided that such exception shall be subject to the restrictions provided under sub-section (3) of section 7 of this Act.". In the principal Act, in section J 1, (i) in sub-section (5), in eighth line, in between the words "vehicle/conveyance" and "to" the word "except" shall be omitted. (ii) after sub-section (9), the following new sub sections shall be inserted, namely: "(} 0) The appropriate Court on being approached by the Police Officer, having the authority of seizure under sub-section (3) of this section, may make such order for sale of the seized vehicle/conveyance including boat, vessel etc., except cattle, through public auction, after being produced before the appropriate Court, during any inquiry or trial. " "( 11) No person and his/her family members, against whom a case has been registered under the provisions 166 THE ASSAM GAZETfE, EXTRAORDINARY, JANUARY 28, 2022 of this Act, shall alienate their moveable or immovable property in any manner and the Investigation Officer, in case having a prima-facie reason to believe that such moveable and immovable property has been acquired within six years prior to the registration of a case, from income earned through sale or transportation of cattle in violation of the provisions of this Act, shall have the authority to attach or seize documents relating to such moveable and immoveable property: Provided that the burden of proving that the property so attached or seized has not been illegally acquired through sale or transportation of cattle in violation of any of the provision under this Act, shall be on the person affected." . Amendment of 5. In the principal Act, in section I 9, in sub-section ( I), in section 19 clause (ii) for sub-clause ( c), the following shall be substituted, namely: "(c) belonging to the Central Government in the Ministry of Defense, in respect of which certificates have been issued by a Veterinary Officer of the Indian Army.". Amendment of 6. In the princ ipal Act, in section 22, in sub-section (2), the section 22 clause (v) and clause (xi) shall be omitted. GEETANJALI DAS SAIK.IA, Secretary to the Government of Assam, Legislative Department, D ispur, Guwahati-6. Guwahati : Printed and Published by the Director, Directorate of Printing & Stationery, Assam, Guwahati-2 I. Extraordinary Gazette No. 75 -200 + 10 - 28 - 01 - 2022. (visit at dpns.assam.gov.in)