LexThe ASSAM CATTLE PRESERVATION ACT, 1950
Assam · state statute
Open in Lexace · Ask the AI about this act:t, te le ll )f )f le 0 .e h ·C n ASSAM ACT XIII OF 1951 "'THE ASSAM CATTLE PRESERVATION ACT, 1950 [Publish cJ in Lhe Assam Gazette, date d the 25th April 1951] An Act to provide for the preserv ation of certain cattle by controlling the :;laughter thereof Wher eas it is expedient 10 provide for the preserv ation of certain cattle by controlling th e sla ughter thereof ; It is her eby enacted as follows :- 1. Short title., extent mid 1.:-0mmcncemcnt.--( 1) This Act may be called the Assam Catt le Preserva tion Act, 1951. (2) It cxtenC!s to the whole of the State of Assam. (3) It sha ll come into force on such date mtd in such areas as the State Gov ern men t may, by notifi ca tion in the official Gazette. appoint in this behalf. 2. Applicat!on of l\ ~·t,- · -Th is Act applies to the ca ttle specified ic the Schedule . ''For Statem,:11h of Objects and R.:asons .1ee "Assa m Gazett<:!". 1950. Part V, pa ge 4. 3. Definitious.-In this Act, unless there is anything repugnant in the sub- ject or context,- . · (i) "cattle" means an animal to which this Act applies ; (ii) "certifying officer" means an official or non-official :appointed as such ; (iii) "prescribed" means prescribed by rules made under this Act ; . (iv) "veterinary officer<' means a person appointed as such or invested · with the powers of a veterinary_ otfice.r under section: 4. 4. Appointment of certifying officer and· veterinary oflicer.-The State Government may, for the purpose of issuing certificate under sub-section (1) of section 5, by notification in the official Gazette appoint,- (a) any person to be the certifying officer for any local area, and (b) any person to be the veterinary officer for any local area or invest any person with all or any of the powers of a veterinary officer in such area. 5. Prohibition of slaughter of cattle without certificate.-(1) Notwith standing anything in any other law for the time being in force or in any usage to the contrary, no person shall slaughter any cattle unless he has obtained in respect thereof a certificate in writing signed by the certifying officer and the veterinary officer for the area in which the cattle is to be slaugbtered · that fh.e ' cattle is fit for slaughter. . · (2) No certificate under sub-section (1) shall be issued unless the certify ing officer and the veterinary officer are of the opinion (which shall be recorded) . that- ( a) the cattle is over fourteen years of age and unfit for work or breeding; or (b) the cattle has become permanently incapa citated from work or breed ing due to age, injury, deformity or any incurabl e disease. (3) Where there is a difference of opinion between the certifying officer and the veterinary officer as to the issue of a c ertificate under this section, the cattle in respec.t of which the certificate has been asked for shall not be slaughtered . . (4) Any person aggrieved by the refusal of the certifying officer and the . veterinary officer to issue a certificate under this section may, within fifteen days from the date of communication to hini of such refusal, appeal to the State . ' Government against - the order of refusal, and the State Government may pass such orders thereon as it thinks fit. (5) The State Government may at any time for the purpose of satisfying itself as to the legality or propriety of any action taken under this section, call for and examine the record of any case, and may pass such orders thereon as it thinks fit. · - (6) Subject to the provisions of this section, any action taken under this section shall be final and shall not be called in question in . any Court. 6. Prohibition of slaughter of cattle in places not prescribed for the pur· pose.-No cattle in respect of which a certificate has been issued under section 5 • shall be slaughtered in any place other than a place prescribed in this behalf. 7. Power to enter and inspect premises.-(1) For the purpose of enforcing the provisions pf this Act, the certifying officer or the veterinary officer or any person authorised by the veterinary officer in writing in this behalf, shall have po~er to enter and inspect any premises within the local limits of his jurisdiction where he 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 as is specified in sub-section (1) shall anow the certifying officer, the veterinary officer or the person authorised, as the case may be· such access to the premises as . he may require for the aforesaid purpose, .and shall answer any question put to him by _the certifying officer, the veterinary officer or the person authorised, as the , case may be to the best of bis knowledge or belief. 1 A II c sl tl p 0 i t I• d te Jf st :h h- ge in lie JC 'y- d) D' . " ' :d- :er he ~d. :he iys ate ass ing ;all ; it :his 1ur a 5 :ing any ave ti on r is l in the n ay him the 379 8. Penaltic s.--Whoevcr contraven es any of the provisions contained in this Act shall be puni shabl e wi lit impri so nment for a term which may extend to six mon th s, or wit h line which may exte nd to one thousand rupees, or with both. 9. Off ences to· be cogoizabk.-N otwithstanding anything contained in the Cod e of Criminal P roced ure, 1898 (Act V of 1898), all offences under this Act shall be cognizable. 10. Abetment s and aHempts. -Whoev er abets any offence punishable under thi s Act or attempts to commit any such offence shall be punished with the punishment prov ide d in this A ct for such offence. 11 . Ofiicers exercis ing p owers . under this Act deemed to be public serva nts .- All certifyi ng omce rs, veterinary otticers and other persons exercising po wers und er this Act shall be dee med to be public servants within the meaning of sectio n 21 of til e Indian Penal Code (Act XL V of 1860). 12. Protedion of persons act ing in good faith.-No suit, prosecution or oth er legal pro ceedi ng sha ll be inst ituted aga inst any person for anything which is in good faith do ne or intended to be done under this Act or the rules made thereunder. 13. Power to grant exem1Jtions.-The State Government may, by general or specia l order and subj ec t to such con ditions as it may think fit to impose, ex empt from the operation of this Act the slaughter of any cattle for any relig;o u s, ceremo nial, medic inal, resea rch or any other purposes ; Provided that tb e operatio n of this Act will not be applicable to slaughter of any cattle on the occasion of Id-uz-Zuha festival on such conditions as the Stat e Go vernment may spec ify regarding privacy. 14. Delegation of f1.rn1ctions.-The State Government may, by notification in the official Gazette , delega te to any officer of the State Government all or any of its powers or functi ons und er sub- sections (4) and (5) of section 5, or section 13. 15. Power to m!llirn rules.-(1) The State Government may, by notification in the of-Iicial Gazette , make rules to carry out the purposes of this Act. (2) In part icular and wi thout prejudice to the generality of the foregoing power. s uch rules may pro vide for- (a) the terms and cond itions of service of the certifying officers and the veterin ary officers appointed under this Act ; (b) th e form a nd manne r in which a ppli cations for certificates under section 5 shall be made ; (c) the fees payabl e for any certificate which may be issued under section 5 ancl the form of s uch certificates ; (d) the places in whi ch cattle may be slaughtered in pursuance of this Act; (e) the conditions s ubjec t to which the slaughter of auy cattle may be p ermitt ed und er sec tion 13. Bulls . Bullocks . Cows. Calves. THE SCHEDlJLF (See section 2) Male and femal e buffaloes . Buffalo calves .