Punjab Animals Slaughter Control (Amendment) Act, 2016 (Act XXV of 2016)

•• ... ~. ' ... EXTRA ORDINARY ISSUE REGISTERED No. L-7532 lEbt Jnnf ab Cla1ettt • , PUBLISHED BY AUTHORITY , .Ji . . LAlfORE WEDNESDAY APRIL 20, 2016 PROVINCIAL ASSEMBLY OF THE PUNJAB N OT I F I C.A TI O N April 20, 2016 · No.PAP/Legis-2(121)/2016/1411. The Purijab ·· Animals Slaughter Control (Amendment) Bill 2016, ·having been :passed by the Provincial Assembly of the Punjab on April 13, 2016, and assented to by the Governor of the Punjab on April 19, 2016, is hereby published as an Act of the Provincial Assembly of the Punjab. · · THE PUNJAB AN.IMALS SLAUGHTER CONTROL (AMENDMENT) ACT 2016 ACT XXV OF 2016 [First published, after having received the assent of the Governor of the Punjab, in the Gazette · of the Punjab (Extraordinary) dated April 20, 2016.] An Act further to Bmend the Punjab Animals Slaughter Controf'Act,. 1963. It is necessary further to amend the Punjab Animals Slaughter Control Act, 1963 (Ill of 1963} for purposes of providing a system of more effective regulation, monitoring and control of slaughtering of animals and for purposes appearing in this Ac;t; Be it enacted by the Prc;>Vincial Assembly of the Punjab as follows: . . . 1. Short title and commencement.'- (1) This Act may be cited as the Punjab Animals s ·Iaughter Control (Amendment) Act 2016. (2) It shall come into force at once. 2. · Amendments in section 2 of Act Ill of 1963.~ In the Punjab Animals Slaughter Control Act, 1963 (Ill of 1963), for brevity cited as the said Act, in section 2: (a). for clause (b), the following shall be substituted: "(b) "carcass" means a de-skinned body of an animal and includes a part of a de-skir,ned body of an animal;" · (b} after clause (b), the following Clause (ba) shall be inserted: . Price Rs. ..... Per Paae I L i I JHE P.\]NJAB GAZETI'E (EX'{RAORDINARY) APRU:,. 21, 2116 . ~ I , . - . . . . .·.:-· -· ·. " ·· . ,~ .. ' - - • " --:-- ..... - , ,,. , • . ' / c" (c) (ba) . "Code" m~J;lf~ ;:S:i~ ~;~fCriminal Procedure, 1898 (Vof 1898); : ,s::':::5 :\/r·.: ::~~> . . . - · after clause (c), the follQwi'J§~~lause (ea) shall be inserted: . "(ea) "gazettect -~r"· ,neans a~ officer of the Government at · Tf)hsil and Di$trict level authorized by the Govemmenfto·. ; > • .. . > . ,~~$. gaze~~ <>;ffi~r fpr ~rpo~s of~!~;· :{\ . (d) - . ·forda~ (e)/ .the foll~ngist,lall &el5P~,sti\l;lted: ~:.:. i , ; 3 "(e) "1«:al authority" means ·a = I~. government as ·defined under the Punjab L«al. Government Act 2013 (XII of 2013) or a Can tonment Board established under the Cantonment Act, 1924 (II of 1924) or a body constituted under any other ~aw for the performance of the . functions (e> (f) (g) · of local govemment;,'.' -. , · for clause (i), the following-shall be substituted: · "(i) "stock yard" means any enclosure; constructed, manageci or approved by a local authority where animc;1ls are assembled for exal'!lination by the Veterinary Officer to determine .. their suitability . for slaughtering ... or .where . animals approved for slaughtering· .are housed · until they · are removed to the Slaughter-house;" · for clause (k), the following shall be substituted: "(k) "useful animal" means: (i) . a female sheep or goat beloW the age of one year and six months; · (ii) a male sheep or goat below the age of three · months; . · . (iii) a calf below the age of four months; · (iv) · a female sheep or goat of the age exceeding one year and six months but not exceeding four years, Vthich is pregnant or frt for breeding purposes; (v) a female animal, other t han sheep or goat below three years of age; (vi) a female ' animal, other than sheep or goat, which is pregnant or in milk or frt for breeding . purposes; (vii) . a female animal, other than sheep or goat, between three to ten years of age which is fit for. draught purposes; but does tiot include an animal which, on account of culling, injury or any other cause not adversely affecting the quali fy of · meat fQr human consumption, is certified· in writing by a Veterinary Officer or a gazetted officer as no longer a useful animal for purposes of the Act;ft and · (or clause (I), the following shall be substituted:' "(I) . "Veterinary Officer" means . a Veterinary Officer under the ·administrative control of Livestock and Dairy Development Department of the Government. ft. . . . . ·. . . 3. · . Substitution of section 3 in Act Ill of 1963· . ..., In t he said Act, for section 3, the following ·shall be substituted: "3. · Restriction on slaught,r of animals.- '<1) A" person shall not slaughter a useful animal. · · · (2) A11 animal shall not be slaughtered; (a) except in acco{dance with this Act and in a slaughter house; · . (b) unless the · animal is approved for slaughter in accorda~ with the Act; or •• ... .... . I ·. ./ i ! • ? -.; ~:~.d. -~;~~-- · --~ --..-~i- .. ,' i - .·: . ..1.,~·'i1}~· .. :;; ; - :.::il "•·.' • .. ... ;: / }t. • :~·; :. ;··: - · (t) - on Tuesday·..,.Wednesday or on such.oll!le-day w -- .days ~ ttwe:· .Gouce:wclth1t may, by notificatiima in; -lfle: offlciaf Gazette. specify. - (3) A person shafl not ' (a) - . sell, keep, store, traosport, supply, offer or expose for sate, or hawk any me~ or carcass oC a:. (i) · hararri animal or of ~n -· animal whim cfied of, or has suffered from cbntagious diseases Of fl• been poisonad ">·:·death, or died l!JecallJSe af gunsbol wound ore~rocution; .(ii) meat or carcass tlf-'any ·animal whicb has been -slaughtered in "contra~ion of this Act or dees - . · nol beiir tl1e stamsi, mark, tag °' certif"ication of the staughter-house specified bf 11111• cmcemed loc;aJ aulhomy· or - · (b) - sea or~ tobe sdd 8IYj ~ -at a~ otterllarl that '8t apart or approved for this purpose by ttie concerned tocat authority. (4) Nothing contained in this section -shan apply to the slaaghlief of an animal by a Muslim on the day of-Eid-ul-Azha and the two succeeding days of Eid~ul-Azha or any other retigiaus ceremony. · 4. .Substitution .of section 3A in Act• of 1963.,... In the said Act, -for section 3A, the following shall be s~stituted: · · "3A. Presumptions .. - In every prosecution under this Act, the court shal presume that any: (a) meat or carcass found in-possession of any person who is, or has been, habitually selling, keeping; storing; transporting. offering or·exposing for sale, or hawki,g the meat or carcass, was being sold, kept, stored, transported, offered or exposed for sale or hawked.by such person; (b) meat or carcass which does not bear the s1amp. mark, tag or certification of a slaughter-house has not been slaughtered in contravention of the Act; · (c) person who is · in possession of the premises. where an offence under the Act has been or is being committed by another person; 'has abe~ the offence; (d) meat obtained from an animal slaughtered in contravention of ' the Ad is unfit for human consumption; . (e) animal captured from the premises, where other aninal is illegally slaughtered, is being kept there for the purpose of ·illegal slaughtering; and (f) person dealing in, or processing -skins -and hides of ~ or ha(am animals, without maintaining proper authentic · rec;ord under section 9-A, is involved in sale of meat ·of dead or haram animals.• - · 5. Amendment in section 4 of Act Ill of 1963.-ln the said Act, in section 4, in subsection (3), the following shall be substituted: "(3) A person aggrieved by a decision of the Veterinary Officer may, within twenty four hours ofsuch decision, prefer an appeal against .the decision to an officer notified, for the purpose, by the Government." ' - . 6. Amendment In section 7 of Act Ill of .1963.- In the said Act, in section 7, for subsection (2), the following shall be subsfrtuted: , ·' "(2) A Ve•erinary Officer or a gazetted offiCer arresting or causing· / · the arrest of any person, or seizing or causing the seizure of any animal, carcass or meat shaH: · · (a) without unnecessary delay, send the pel'IOli arrested to the pobH,fficer along with a report. in writing, ' I ' \ . ji l j .. r ' ... I i l !-, i i l l 1 I ,. I i 4658 THE·~ GAZE'JTE (UTIIAORDINARY) APRIL 20,211, .·(b) {c) (d) stating facts constituting the offenoe for which such person has been arrested; dispose cif the seized meat, carcass or other items under section 9; · seal ,the premises for a period up to seven days being used for illegal -slaugh~ of animals, sale and storage point of ilegally slaughtered meat to preserve . . evidence of the ,offence under intimation to local . aulhonty about illegat use of the premises; and send· a complaint to the appropriat~ authority for SUSpenSion and cancellation of the license of the .. person:. . . 7. W.lillllioll al wlion 8 in Act 1Hof1963.-ln the said Act, for section 8, the following shall be UJIStituted: . . . . · · : '- · -Pellally.~ (1) If a person contravenes any provision ·of this Act, other · than 1he provisions of clause (a) of subsection (3) of section 3, or the rules, heshal: . (a) on first conviction, be punished with imprisonment for a tenn which may extend to six months but which shall not be less than fifteen days and with fine which may extend to one hundred thousand rupees but which shaN not be less than twenty five thousand rupees; (b) on second conviction, be punished w ith imprisonment which may extend to one y.ear but which shafl not be less than one monthand with fine which may extend to two hundred thousand rupees but which shall not .be less than one. hundred thousand rupees; and (c) on third or subsequent convictlon, be punished with imprisonment which may extend to two years but which shall not be less than six months and with fine which.may extend to five hundred-thousand rupees but which shall not be less ·than two hundred thousand rupees. (2) If a person contravenes 'any provision of cla use (a) of subsection (3) of section 3, he shall be punished with imprisonment which may extend to eight years but which shall not be less than four years and with fine· which may extend to five hundred -thousand rupees but which shaH not be less than three hundred thousand rupees. (3) An attempt to contravene any provision of this Act or the rules and·a.n abetment of such contravention shall b~ punished -as an offence under this Act." · 8. Substitution of section SA of in Act Ill of 1963.--ln the said Act, for section SA, the following shall be substituted: · ,· . "BA. Cognizance, ball and summary trial.- (1) Notwithstanding anything contained in theCode, an offence punishable under this.Act shall be cognizable and non-bailable. (2) A magistrate of the first ciass shaH conduct the trial of an offence under the Act in accordance with the provisions of Chapter XXU of the Code relating to the summary trials." · 9~ Substitution of section 9 in Act Ill of 196:t.- In the said Act, for section· 9,. the following shall be substituted: . · ·. "I. Forfeiture.-- (1) The-court trying an offence under this Act .may direct that any animal, carcass or meat in respect of which the court is Ntisfied that an offence under the Act has been committed, be forfeited to the Government in accotdance with law . ' . . · . , .,,. .. THE PUNJAB GAZE1TE (EXTRAORDINARY) APRIL. 20, 2016 4659 (2) Any meat or its by-products slaughtered in contravention of the Act shall be forfeited . to the Government and shall be disposed 9f through burial, incineration or any other manner, as may be prescribed. (3) The police-officer, tor earliest disposal of animal, carcass, meat or other by-product, shall immediately submit a request to the court for obtaining appropriate orders. . (4) Subject to subsection (3) an animal shall be auctioned by a gazetted officer at the designated slaughter~house, after making publicity ,n the prescribed manner." 10.lnsertion of section 9A of Act Ill' of 1963.- In the said Act, after section 9, the following section 9Ashall be inserted: · "9A. Record of skins and hides.- Any person, dealing in or processing of skins and hid~$ of dead or haram animals, shall keep a complete record of the procurements and supplies of the skins .and hides.in the prescribed manner and the Veterinary Officer or gazetted officer may inspect the premises where the person deals in or processes skins and hides of dead haram animals." 11.Substitution of section 10 in Act HI of 1963.- In the said Act, in section 10, the following shall be substituted: "10. Reward to 'informers.- The court trying an offence under this Act may direct that an amount not exceeding seventy five percent of such sum as may be realized by way of fine or under section 517 of the Code, be awarded to the person or persons supplying information relating to the commission of the offence under the Act." · 12.lnsertion of section 10A of Act Ill of 1963.-ln the said Act, after Section 10, the following section 10A shall be inserted: · "10A. Monitoring and evaluation.- (1) The Government shall, at least once in a year, conduct or cause to be conducted, the performance audit of the persons and authorities performing functions under this Act inter alia to assess and evaluate the performance of those persons· and authorities in accomplishing the objectives of the Act. (2) The Government shall evaluate the report mentioned in subsection (1) and shall, on the basis of the report, issue such directions to the concerned persons or authorities as may be necessary for accomplishing the objectives of the Act." Rai Mumtaz Hussain Ba bar. Secretary·