Orissa Prevention of Cow Slaughter Act, 1960 (No. 5 of 1961)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Prevention of Cow Slaughter Act, 1960 Act 5 of 1961 Keyword(s): Cow, Slaughter, Uneconomic Cow ORBSA ACT 5 O F 2961 THE QIUSSA PREVENTION OF COW SLAUGHTER ACT, 1960 CONTENTS PReAMBLE ~ C ! X O N S 1. Short title, extent and commencement 2.Definilions 3. Prohibition of cow slaughter 4. Section 3 not to apply to diseased under exprimentation wws, bulls or bullocks . '5. Establishment of institution 6. Levy of charges or fees' 7, penalty I. Offences to be cogaizabIe 9. Power to make rules ORWA ACT 5 OF 1961 , 'I THE .ORISSA PREVENTION OF COW SLAUGHTER ACT, 1960 ] . [ Received the o m r of the President on fhe'2nd - February 196I, first published in an extra ordinary issue of the Orissa Gazette, dated the 28th February - 1961 ] AN ACT TO PROHIBIT AND PREVENT THE SLAUGKWR OF COW AND ITS PROGENY JN THE STATE OF OECrSSA BE it enacted by the Legislature of the State of Orissa in the Eleventh Year of the Republic of .India ' as follows : 1: ( I ) This Act may be called the Oiissa Prevenmshart ntls. A .tion of Cow SIaughter - AcL- 1960. utcn t a n d cammoa a e mtnt. (2) It extends to the whole of the State of Orissa. (3) It shall come into force at once. . . 2.InthisA~t,udessthereis~anything-rep~~ant~~itians in the subject or: context, , - (a) 'conipetent authority' means the person or persons appointed in this behalf by the Government by .notification to exercise the powers and perform the functions of a competent authority under this ' .-Act or the rules made -thereunder for such area , , or areas and for such period as may be specified in .the notscation ; '(b) 'COW* 'includes heifer or calf ; (c) 'Goverment' means the State Government of Orissa- ; (4 'prescribed' means prescribed by- d e s made under this Act ; 1. For tb:e Statement of Objects and R-ns ace OrLua GUIIC, ..- brdiaary, the 8th Decemk i 9 g '[No. 660 and for Report of 4 s# ibld. dated tho 29th F g b ~ y 1, 60 (No. 243). (e) 'slaughter' means killing by any method whatsoever and includes - maiming and inflicting of physical injury which in the ordinary course will- cause death ; and (j) 'uneconomic cow' includes an infirm cow or a cow which is permanently disabled or diseased. Prohibition 3. (1) Notwithstanding anything contained in any. :lu:.Bzr other law for the time being in force or any usage or custom to the contrary and . except as hereinafter provided, no person skill, at any place within the State, slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter (a) a cow, or (b) a bull or bullock, unless he has obtained a , certificate in writing, fr'om- the competent authority of the area in which such bull or bullock is to be slaughtered ,ceming that it is fit for slaughter. (2) No bull or bullock, in respect of which a certificate has been issued under clause- (b) of sub ' section ( I ) shall bE slaughtered at. any place. other than the place indicated in the certificate or within thirty days of the date of issue of the certscate. (3) A certificate under clause (b) of sub-section (1) shall be issued by the competent authority, only after he has, for reasons to be recorded in writing, certified that . . , (a) the bull. or bullock is over the age ox fourteen years ; or (b) in the case of a bull, it has become pet& ' rnanentIy unfit and unserviceable for the purpose of breeding and, in the case of a bullock, it has become permanently u d t and unserviceable for the purposes of draught and any kind of agricultural , operation : Provided that the permanent. unfitness of . un serviceability has not been caused deliberately. (4) The competent authority shall, before issuing the certificate under sub-section (3) or refusing to issue the same, record its order in writing. Any person aggrieved by the order of the competent author ity, under this section may, witbin fifteen days of the date of the order, appeal against it to the Govern ment or to such- other authority as m;ry be prescribed, who may pass such orders thereon as they may deem fit- . (5) The Government may at any time, for the . purposes of.,satisfying themselves as to the legality' or propriety of the action taken under this sect'ian; ' call for and examine the record of anv case and may pass'such orders thereon as they may deem fit. , . . . (6) Subject to the provisons herein contained, any action taken under this section, shall be final ! and conclusive and shall not be called in question. 4. - ( I ) Nothing in section 3 shall apply to- the Stclion 3 I oot to apply . slaugliter of a cow, bull or bullock- t ~ d i u a ~ t ~ . ) 7 under ex- I pcrimmta (a) which is sufferjng from any contagious or: tion W W ~ , bulls or . ' infectious disease nntified as such by theb~~lo~h. I i Government ; or ,(b) which is subjected to experimentation in the interest of medical and public health research ; . . where the- slaughtering is done in accordance with the conditions and circumstances to be prescribed. (2) Where a cow, bull or bul?ock is ~rallghtered for the reasons stated in ds i~se Icr) of sub-rection (1) the person who slau&ters or caus6s tn he s!aughtered such cow, -bull or bnlloc~r shd! rvithinrtwenty-four hours of the slaughter, lodke inf~t.rna!;nn of the same at the nearest police-station or hefore such officer, or authority as may be prescribzd. (3) The carcase of the cow. bull or bvllack slaugh tered under clause (a) of sub-sectiol~ ( I ) shall be :buried -or disposed of in such rnanns as mzy be pres , , cribed. 346 OR~SSA P R ~ N ~ O N OF Cow S~nuomm ACT, 1960 [Or- A.f fitabhh rncnt of 5. There may - be established by the - 'Government imlitution. or by any Local- Authority, wherever so directed . . . by the Government, hstitutions as may be necessary for taking care , of uneconomic cows. u v y o f . - 6. (1) T h e Government or a Local Authority, charges or IW. as the case may be, may levy such charges or fees as , may be -prescribed for . keeping uneconomic cows in , the institutions. , (2) ,me .owner of- 'the uneconomic cow shall. be . . liable to pay the said charges or fees in , the prescribed mmer. (3) Dues ' payable .under this section shdl with- , out preju.&ce to .any other mode of recovery, be recoverable as arrears of land revenue;. 7. (1) h o e v e r contravenes, or attempti to mntravene or abets the contravention of the provi sions of section 3 shall be-pdty of an offence .pun ishable riith rigorous- iniprisonment for a term which may.extend to- t,wo years or with h e which may extend to one thousand .rupees or with both. (2) Whpever fails ..to lodge information in' accord ance witk the pro'visic)ns.of sub-section (2) ~f section 4 shall be guilty- 'of an offence punishable with simple inlpris'oment for a term which. may extend to. one year or' with fine wbich may extend,, to two hundred rupees or with both. (3) Where in agy -trial for an offence puhhable under, sub-'section ( I ) or sub-section (2)' the accusd leads that the sIaughtered cow, bull or bullock be Ponged to the class .specified in ~lauie (@) of sub-section ( I ) of section 4; the burden of proving the said fact . , , ' shall be on the accused. ;8. Notwithst anding anything contained in the Code of China] Procedure, 1898, an offence punish-5 of1898 able under sub-sectiod (1) of secpion 7 shall be cognizable. . . I . . , 9. . ( I ) The Government may make rules for the . purpose of Farryingjnto effect the provisjons ofthis ~ c t . df 1961 ] Tm 0 ~ 1 5 s ~ P ~ & T & N o~ Cow SUUGHTER' ACT, 19C O ' 347 ( S ~ C . 9-contd. ) (2) Without prejudice to tke generality of' the foregoing powers, such rules may provide for (a) the conditions ind the circumstances under which tows, bulls and bullocks are to ' be slaughtered under sub-section (1) of section 4; (b) f ~ r m of certificate, and the procedure for . + .. disposal of ths applicatians and appeals under section 3 ; . . (c) the manner in which diseases shdl be noti fied under clause (a) of sub-section ( I ) of section 4; (6) the manner in which the information shall be lodged under sub-section (2) of section 4; (e) ?'he matters 'relating to the establishment,, maintenance, management,, supervision - I and contrbl of institution's refeired to in I section 5 ; i (f) the duties of any officer or authority ha& jurisdiction .under. this Act, the p~ocedure I to be followed by such officer or authority; i and (g) any other matter which% to A or may k, . . . ' girescri bed.