Maharashtra Animal Preservation (Amendment) Act, 1995

$[I No. MAIIENG tzooe/si'z} qtrffEpTrcffiffi* sRmeffiut t{FT sn6 W' ,fu,r a{ R, erio x(e)l EErr[R, qrd x, ?oqq/srf,Jq qt, rr*' qqiq [yS ,, fihrr* : aq-] qe.e6 or+rTerrruT mqiq. tq lnfrr5a utr,rvt;r rrfr{r9 fremdcard' qftrfr{q a rrwq-6ffi Trqrftrd #-A srdreTr e +dr$ frf{q'q oTrfrr frfu q En{r F*rn rffiq{ qrdct frt}tr*, (irqt qr1arc). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Animal Preservation (Amendment) Act, 1995 (Mah. Act No. V of 2075), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, M. A. SAYEED, Principal Secretary and R.L.A. to Government, I,ak and Judiciary Department. I\{AHARASHTRA ACT No. V OF zokil. (First published after having received the assent of the Presid.ent in the " Maharash,tra Gouernment Gazette,,, on the {th March ZOlb). AnActtoamendtheMaharashtraAnima1p*,"'.iutlonAct,tg76. Mah' WHEREASitisexped.ienttoamendtheMaharashtraAnii.halpreservation #r;, t.t, 1976, for the purposes hereinatter appeari;, ill;;;;;;**"a in theLv ' " .t'orty-sixth Year of the Republic of India as foilows : 1. This Act may be called the Maharashtra Animal Preservation (Amerrdment) Act, f995. Mah. '\. In the Maharashtra Animal Preservation Act, 1g76 (hereinafterIXof referred to as " lhe principar A,st"),in lhg long title, for the portion begrqling1977' *i11, the words "of Jows" and ending with thJ.,,or-ir;6;;,ir".it^jo"oor"r,,, the following shall be substituted, namely: " and preservation of cows, bulis and buliocks useful for milch, breed.ing, draught or agricultural purposes and for restriction o" rfu"gfrier for the preservation of certain other animals suitable for the said. purposes,,. (q) qrrr 3lra-Sq q Short title. Amendment of long title of Mah. IX of 7977. ', tr6r{rq VntrT TrEr$t srgIEIr{Er r{rrr 3T1n, gtd v, aoN\/!;Tflg{ qQ, vt+ qqiq Amendment 3. In the preambie to the principal Act, for the portion beginning with of plgupulg the words "of cows" and ending with ihe.words "agricultural prirposes-',, the " Tft;f foilowins shall be substituted,-namety: and preservation of cows, buils and bullocks usefui for milch, breeding, draught or agricultural purposes and for restriction on slaughter for the preservation of certain other animals suitable for the said purposes". Amendment 4. In section 1of the principai Act, in sub-section (4), after the word "r'ioffi? | "cows" the words ", bulls .rrd brr1io.ks," shall be inserted. 1977. Amendment ofsection 5 of Mah. IX of 5. In section 5 of the principal Act, (a) after the word "cow" the words ", bull or bullock" shal1 be inserted; "5A. (/) No peqson shall transport or offer for transport or cause to be transported cow, bull or bullock from any place within the State to any place outside the State for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be, so slaughtered. L977' (b) in the marginal note, after the word "cows" thb words ", bulls and bullocks" shall be added. Insertion of 6. After section 5 of the principal Act, the follorying sections shall be.::t,:tt- 5.A inserted, namely: to 5D inMah. IX of 1977. Prohibition on transport and export of cow, bull or bullock for slaughter. (2) No person shall export or cause to be exported outside the State of Maharashtra cow, bull or bullock for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf, in contravention of the provisions of this Act or with the knowledge that it will be or is like1y to be slaughtered. Prohibition 58. No person shall purchase, sell or otherwise d.ispose of or offer to on,sale, purchase, sell or otherwise dispose of any cow, bull or bullock for slaughter ai$:ffir? or knowingor having reason to believe that such cow, bulI or bullock shall be anY other sraugn[ereo' manner of cow, bull or bullock. Prohibition 5C. Notwithstanding anything contained in any other iaw for the time . o1 being in force no person shall have in his possession flesh of any cow, bull or 'ri:ffXiffi: bullock slaughtered in contravention of the provisions of this Act. bull or bullock. Prohibition 5D. No person shall have in his possession flesh of any cow, bull or on possession bullock slaughtered outside the State of Maharashtra.". of flesh of cow, bull or bullock slaughtered outside the State of Maharashtra. nr6r{rq TIrf,rT T|GITET srqlErlTut-r{IIt*3TrA',-'qId X,'Qolq/rE"rq!{ t?;, Yrt', tq?q 7. In section 8 of the principal Act, (o) after sub-sectio n (2), the following sub-sections shall be added, namely: "(3) Any Police Officer not below the rank of Sub-Inspector or any person authorised in this behalf by the State Government, may, with a view to securing compliance of the provisions of sections 5A, 58, 5C or 5D, for satisfyinghimselfthat the provisions ofthe said sections have been complied with may, ' (o) ente{, stop and search , or authorise any person to enter, stop and search any vehicle used or intended to be used for the export of cow, bull or bullock ; (b) seize or authorise the seizure of cow, buil or bullock in respect of which he suspects that any provision of sections 5A, 58, 5C or 5D has been, is being or is about to be contravened, alongwith the vehicles in which such cow, bull or bullock are found and there after take or authorise the taking of all measures necessary for securing the production of such cow, bull or bullock and the vehicles so seized, in a court and for their safe custody pending such production: Provided that pending trial, seized cow, bull or bullock shall be handed over to the nearest Gosadan, Goshala, Panjrapole, Hinsa Niuaran Sangh or such other Animal Welfare Organizalions willing to accept such custody' and the accused shall be liable to pay for their maintenance for the period they remain in custody with any of the said institutions or organizations as per the orders of the court. 2 of (4) The provisions of section 100 of the Code of Criminal Procedure , L973 1974. rs161ing to search and seizure shall, so far as may be, apply to searches and seizures under this section.". (b) for the marginal note, the following shall be substituted, namely : ' " Power of entry, search, seizure and custody.". 8. In section 9 of the principal Act, (o) for the words " any of the provisions of this Act" the words and figures "the provisions of sections 5, 5A or 58" shall be substituted; (b) for the words " sixmonths" the words " five years" shall be substituted; (c) for the words "one thousand rupees" the words "ten thousand rupees" shall be substituted; (d) the following proviso shall be added, namely: i'Provided that except for special and adequate reasons to be recorded in the judgement of the court such imprisonment shall not be of less than six months and such fine shall not be less than one thousand rupees."; (e) for the marginal note, the following shall be substituted, namely: " Penalty for contravention of sections 5, 5A or 5B.". L After seetion 9 of the principal Act, the following sections shall be inserted, namely: t{ Amendment of section 8 ofMah.IX of1977. Amendment of section 9 of Mah.IX of 1977. Ihsertion of sections 9Aand 98 in Mah. IX ofL977. Y Penalty for contravention of sections ..-5C, 5D or 6. :'i' Burden of proot on accused. Amerrdmerrt ofsection 10 of Mah. IX of L977. Amendfrent ofsection 11 of Mah. IX of \977. Amendment ofsection 14 of Mah. IX of 1977. Amendment of Scheduie to Mah. IX of1977. ErdRrq IRFT TlErq:r. wfrFnflrr qFr.ond, .TIF{:.X, .?ot\/rFFf{ q?, yft tq,?q "9A' Whoever contravenes the provisions of sections bC, bD or 6 shail on conviction be.punirl:d with imprisonment for a term which may extend. to one year or fine. which may extend to two thousand rupees. .:.' 'l 9B' In any trial for an offence punishable under sections g or gA for contravention of the provisions of this Act, the burde" or f.o"i"g-irr.i gr"slaughter, transport, export outside the state, sale, purcrr*u o, io*."irio'of flesh of cow, bull or bullock was not in contravention of the privisions of this Act, shall be on the accused..,,. 10. In section 10 of the principal Act, (o) the words "and non-bailable" sha[ be added at the end; (b) in the marginal'note, the word.s " and non-bailable" shall be added. 11. In section 11 of the principal Act, after the word and figure " section 9 " the words, figure u.rh r"tt". "or section 9A,, shall be added] L2. In section 74 of the principal Act, (o) in clause (a), after the word " cow" the words ", buII and bu1lock,, shall be inserted; (b) in clause (.b), after the word " cow" the words ,,, bull and bul1ock,, shall be inserted; (c) in clause (c), after the word. ,,cow,l the words ,,, bulI and bullock,,sha11 be inserted. 13. In the schedule appended. to the principal Act, the words ,, bulls, bu1locks," shall be deleted. ON BEH.ALF OI'GOVENNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBUSHED BY SHRI PARSHUIIAM JAGANNATH GoSAvI, PRINI.ED AT GOVERNMENT CENTTAL PRESS, 21.A, NETAJ] SUBHASH ROA.D, CHARM ROAD, MUMBAI 4OO OO4 AND PUBUSHED AT DIREC'IORAI'E OT GOVERNMEN'I'PRIN*1]NG, STATIONEBY AND PUBLICATION, 21"A, NETAJI SUB}IASI.I ROAD, CI{AITM IIOAD, MTIMBA] 4OO OO4, EDITOR : SIIII PARSIIURAM JAGANNATIJ GOSAVI.