The ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.

THE ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL
PRESERVATION ACT, 1977
ACT No. 11 OF 1977
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Declaration as to giving effect to certain directive principles
3. Definitions
4. Appointment of competent authority
5. Prohibition of slaughter of cow or calf or she baffaloe
6. Prohibition against slaughter of animals without certificate from
competent authority
7. Power of revision
8. Slaughter to be in places specified
9. Power to enter and inspect
10. Penalties
11. Offences under Act to be cognizable
12. Abetments and attempts
13. Persons exercising powers under the Act deemed to be public
servants.
14. Protection of persons acting in good faith
15. Exemptions
16. Delegation of powers
17. Establishment of institutions for taking care of cows or other
animals
18. Power to make rules
19. Repeals
THE ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL
PRESERVATION ACT, 1977
ACT No. 11 OF 1977
[30th April, 1977]
AN ACT TO PROVIDE FOR THE PROHIBITION OF THE SLAUGHTER OF
COWS, CALVES OF COWS AND CALVES OF SHE-BUFFALOES AND
FOR PRESERVATION OF CERTAIN OTHER ANIMALS SUITABLE FOR
MILCH, BREEDING, DROUGHT OR AGRICULTURAL PURPOSES IN
THE STATE OF ANDHRA PRADESH AND FOR MATTERS
CONNECTED THEREWITH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Twenty-eighth Year of the Republic of India as follows:-
1. Short title and commencement- (1) This Act may be called the Andhra
Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 19th December,
1976.
2. Declaration as to giving effect to certain directive principles- It is
hereby declared that this Act is for giving effect to the policy of the State
towards securing the principles specified in Article 48 of the Constitution of
India.
3. Definitions- In this Act unless the context otherwise requires,-
(i) ‘animal’ means bull, bullock, buffaloe, male or female, or
calf, whether male or female, of a she-buffaloe;
(ii) ‘competent authority’ means a person or a body of
persons appointed under section 4 to perform the functions
of a competent authority under this Act;
(iii) ‘cow’ includes a heifer, or a calf, whether male or female,
of a cow;
(iv)’ Government’ means the State Government;
(v) ‘notification’ means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(vi) ‘Prescribed’ means prescribed by rules made under this
Act.
4. Appointment of competent authority- The Government may, by
notification, appoint a person or a body of persons to perform the functions of a
competent authority under this Act for such local area as may be specified in
such notification.
5. Prohibition of slaughter or cow or calf of she-buffaloe-Notwithstanding
anything in any other law for the time being in force or any custom, or usage to
the contrary, no person shall slaughter or cause to be slaughtered, or offer or
cause to be offered for slaughter or otherwise intentionally kill or offer or cause
to be offered for killing, any cow or calf, whether male or female, of a she-
buffaloe.
6. Prohibition against slaughter of animals without certificate from
competent authority-(1) Notwithstanding anything in any other law for the
time being in force or any custom or usage to the contrary, no person shall
slaughter or cause to be slaughtered or offer or cause to be offered for
slaughter any animal other than a calf, whether male or female, of a she-
buffaloe, unless he has obtained in respect of such animal a certificate in
writing from the competent authority appointed for the area that the animal is
fit for slaughter.
(2) No certificate shall be granted under sub-section (1), if in the opinion
of the competent authority the animal is or is likely to become economical for
the purpose of,-
(a) breeding, or
(b) drought or any kind of agricultural operations; or
(c) giving milk or bearing off spring:
Provided that no certificate under sub section (1) shall be refused to be
granted unless the reasons for such refusal are recorded in writing.
(3) A certificate under this section shall be granted in such form and on
payment of such fee as may be prescribed.
7. Power of revision- (1) The Government may, suo motu or shall, on an
application made in this behalf by the person aggrieved, for the purpose of
satisfying themselves as to the legality or propriety of any order passed by a
competent authority, granting or refusing to grant any certificate under
section 6, call for and examine the record of the case and may pass such order
in reference thereto as they think fit.
(2) Subject to the provisions of sub section (1) any order passed by the
competent authority granting or refusing to grant a certificate under section 6,
and any order passed by the Government under sub-section (1) shall be final
and shall not be called in question in any court.
8. Slaughter to be in places specified- No animal in respect of which a
certificate has been granted under section 6, shall be slaughtered in any place
other than a place specified by such authority or officer as the Government
may appoint in this behalf.
9. Power to enter and inspect- (1) For the purposes of this Act, the competent
authority or any person authorised in this behalf by, the competent authority
(hereinafter referred to as the authorised person), shall have power to enter and
inspect any premises where the competent authority or the authorised person
has reason to believe that an offence under this Act has been or is likely to be
committed.
(2) Every person in occupation of any such premises shall allow the
competent authority or the authorised 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 authorised person.
10. Penalties- Whoever contravenes any of the provisions of this Act, shall on
conviction, be punished with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
11. Offences under Act to be cognizable- Notwithstanding anything in the
Code of Criminal Procedure, 1973, (Central Act 2 of 1974) all offences under
this Act shall be cognizable.
12. Abetments and attempts- Whoever abets any offence punishable under
this Act or attempts to commit any such offence, shall be punished with the
punishment provided in this Act for such offence.
13. Persons exercising Powers under the Act deemed to be public
servants- All persons exercising powers under this Act shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code
(Central Act 45 of 1860).
14. Protection of persons acting in good faith- No suit, prosecution or other
legal proceeding shall be instituted against the competent authority or any
person exercising powers under this Act, for anything which is in good faith
done or intended to be done under this Act or the rules made thereunder.
15. Exemptions- Subject to such conditions as may be prescribed in this
behalf, the provisions of this Act shall not apply to-
(a) any animal operated upon for vaccine, lymph, serum or any
experimental or research purpose at an institution established,
conducted or recognised by the Government; or
(b) any cow or animal-
(i) slaughter of which is certified by a Veterinary Officer
authorised by the Government, to be necessary in the
interests of the public health;
(ii) which is suffering from any disease which is certified by a
Veterinary Officer authorised by the Government as being
contagious and dangerous to other animals.
16. Delegation of powers-The Government may, by notification, delegate-
(i) to any local authority, their powers under section 4,
within the local area subject to the jurisdiction of such local
authority;
(ii) to any officer of the Government, their powers under sub-
section (1) of section 7.
17. Establishment of institutions for taking care of cows or other animals-
(1) The Government may establish, or direct any local authority or society
registered under the law relating to the registration of societies for the time
being in force in the State, or any association or body of persons, to establish
institutions at such places as may be deemed necessary for taking care of cows
or other animals sent thereto.
(2) The Government may provide by rules for the proper management of
such institutions for the care of cows or other animals therein and also for the
class or variety of cows or other animals that may be admitted therein.
(3) The Government, or subject to the previous sanction of the
Government, the local authority, society or body of persons or association
establishing an institution under sub-section (1), may levy such fees as may be
prescribed for the maintenance of such institutions.
18. Power to make rules- (1) The Government may, by notification, after
previous publication, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for-
(a) the powers and duties of competent authority in addition to
those provided in this Act;
(b) the form of the certificate under section 6;
(c) the amount of fee to be paid under section 6;
(d) the conditions subject to which this Act shall not apply to any
animal under section 15;
(e) the management of institutions established under section 17
and the fee to be levied for their maintenance; and
(f) any other matter which is to be or may be prescribed.
(3) Every rule made under this section shall immediately after it is made,
be laid before each House of the State Legislature if it is in session and if it is
not in session, in the session immediately following, for a total period of
fourteen days which may be comprised in one session, or in two successive
sessions, and if, before the expiration of the session in which it is so laid or the
session immediately following, both Houses agree in making any modification
in the rule or in the annulment of the rule, the rule shall, from the date on
which the modification or annulment is notified, have effect only in such
modified form or shall, stand annulled, as the case may be; so however that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
19. Repeals- The Andhra Pradesh (Telangana Area) (Slaughter of Animals) Act,
1950, and the Andhra Pradesh Prohibition of Cow Slaughter and Animal
Preservation Ordinance, 1976, (Ordinance 23 of 1976) are hereby repealed.

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