The Gujarat Animal Preservation Act, 1954

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The Gujarat Animal Preservation Act, 1954.

1954 : Bom . LXXII
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

BOMBAY ACT No. LXXII OF 1954

The Gujarat Animal Preservation Act, 1954.

(As modified upto the 31st May , 2012)

The Gujarat Animal Preservation Act, 1954.

1954 : Bom . LXXII
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THE BOMBAY ANIMAL PRESERVATION ACT, 1954.

CONTENTS

PREAMBLE
SECTIONS. PAGE No.

1 Short title, extent and commencement.

2 Application of Act.

3 Definitions.

4 Appointment of Competent Authority.

5 Prohibition against slaughter without certificate from Competent Authority.

6 Prohibition of slaughter of animals in places not specified for the purpose.

7 Power to enter and inspect premises.

8 Penalties.

9 Offences under the Act to be cognizable.

10 Abetments and attempts.

11 Persons exercising powers under this Act deemed to be public servants.

12 Protection of persons acting in good faith under the Act or rules.

13 Exemption under this Act.

14 Delegation of powers.

15 Power to make rules.

16 Repeal of Bombay Animal Preservation Act, 1948.

17 Repeal and Saving.

SCHEDULE

The Gujarat Animal Preservation Act, 1954.

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BOMBAY ACT No. LXXII OF 19541  1

[THE GUJARAT ANIMAL PRESERVATION ACT, 1954]
[14th December 1954]

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 16 of 1961 Amended by Guj. 15 of 2011.
Amended by Guj. 23 of 1979. Amended by Guj. 28 of 2011.
Amended by Guj. 4 of 1994.

An Act to provide for the preservation of animals suitable for milch, breeding or for
agricultural purposes.

WHEREAS it is expedient to provide for the preservation of animals suitable
for milch, breeding or for agricultural purposes : It is hereby enacted in the Fifth Year
of the Republic of India as follows :-

1. (1) This Act may be called the Gujarat Animal Preservation Act, 1954.

2[ (2) It extends to the whole of the State of Gujarat. ]

3[ X X X X ]

2. (1) This Act shall in the first instance apply to the animals specified in the
Schedule.

(2) The State Government may, by notification in the Official Gazette, apply
the Provisions of this Act to any other animal, which in its opinion, it is
desirable to preserve.

3. In this Act, unless there is anything repugnant in the subject or context,-

(1) " Animal " means an animal to which this Act applies ;

(2) " Competent Authority" means a person or body of persons appointed
under section 4 to perform the functions of a Competent Authority under this
Act:

(3) " Prescribed " means prescribed by rules made under this Act;

(4) " Schedule " means a Schedule appended to this Act.

4. The State Government may, by notification in the Official Gazette, appoint a
person or a body of persons to perform the functions of a Compe tent Authority under
this Act For such local area as may be specified in the notification.

5. (1) Notwithstanding any law for the time being in force or any usage to the
contrary, no person shall slaughter or cause to be slaughtered any animal
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.

4[(1A) No certificate under sub-section (7) shall be granted in respect of—

(a) a cow ;

(b) the calf of a cow, whether male or female and if male, whether
castrated or not ;

(d) a bullock ; ]
Short title, extent
and
commencement.
Application of Act.
Definitions.
Appointment of
Competent
Authority.
Prohibition against
slaughter without
certificate from
Competent
Authority.
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(2) 5[In respect of an animal to which sub -section (1A) does not apply, no
certificate ] shall be granted under sub -section ( 1) if in the opinion of the
Competent Authority-

(a) the animal, whether male or female, is useful or likely to become
useful for the purpose of draught or any kind of agricultural
operations;

(b) the animal if male, is useful or likely to become useful for the
purpose of breeding ;

6[ (3) Nothing in this section shall apply to-

(a) the slaughter of any of the following animals for such bonafide
religious purposes, as may be prescribed, namely :-

(i) any animal above the age of fifteen years other than a cow,
bull or bullock.

(b) the slaughter of any animal not being a cow or a calf of a cow,
bull or bullock, on such religious days as may be prescribed :

Provided that a certificate in wri ting for the slaughter referred
to in clause (a) or (b) has been obtained from the competent authority.
]

(4) The State Government may, at any time for the purpose of satisfying itself
as to the legality or propriety of any order passed by a Competent Authority
granting or refusing to grant any certificate under this section, call for and
examine the records of the case and may pass such order in reference thereto
as it thinks fit.

(5) A certificate under this section shall be granted in such form and on
payment of such fee as may be prescribed.

(6) Subject to the provision of sub -section (4) any order passed by the
Competent Authority granting or refusing to grant a certificate, and any order
passed by the State Government under sub -section (4) shall be final and shall
not be called in question in any Court.

6. No animal in respect of which a certificate has been issued under section 5 shall be
slaughtered in any place other than a place specified by such authority or officer as
the State Government may appoint in this behalf.

6a[6A. (1) No person shall transport or offer for transport or cause to be transported
any animal specified in sub-section (1A) of section 5 from any place within the
State to any another place within 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:

Provided that a person shall be deemed to be transporting such animal for
the purpose of slaughter unless contrary is proved thereto to the satisfaction of the
concerned authority or officer by such person or he has obtained a permit under
sub-section (2) for transporting animal for bona fide agricultural or animal
husbandry purpose from such authority or officer as the State Government may
appoint in this behalf.

(2) (a) A person may make an application in the prescribed form
to the authority or officer referred to in sub -section (1) for grant of
permit in writing for transportation of any animal specified in sub
Prohibition of
slaughter of animals
in places not
specified for the
purpose.
Prohibition against
transportation of
specified animals
for slaughter.
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section (1A) of section 5 from any place within the State to any
another place within the State.
(b) If, on receipt of any such application for grant of permit, such
authority is of the opinion that grant of permit shall not be detrimental to the
object of the Act, it may grant permit in such form and on payment of such
fee as may be prescribed and subject to such conditions as it may think fit to
impose in accordance with such rules as may be prescribed.

(3) Whenever any person transports or causes to be transported
in contravention of provisions of sub -section (1) any animal as
specified in sub -section (1A) of section 5, such vehicle or any
conveyance used in transporting such animal alongwith such animal
shall be liable to be seized by such authority or officer as the State
Government may appoint in this behalf.

(4) The vehicle or conveyance so seized under sub -section (3)
shall not be released by the ord er of the court on bond or surety
before the expiry of six months from the date of such seizure or till
the final judgment of the court, whichever is earlier.

6B. (1) No person shall directl y or indirectly sell, keep, store, transport, offer or
expose for sell or buy beef or beef products in any form.

(2) Whenever any person transports or causes to be transported
the beef or beef products, such vehicle or any conveyance used in
transporting such beef or beef products alongwith such beef or beef
products shall be liable to be seized by such authority or officer as
the State Government may appoint in this behalf.

(3) The vehicle or conveyance so seized under sub -section (2)
shall not be released by the order of the court on bond or surety
before the expiry of six months from the date of such seizure or till
the final judgment of the court, whichever is earlier.

Explanation.- For the purpose of this section "beef” means flesh of any animal
specified in sub-section (1A) of section 5, in any form.]

7. (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.

6b[8. (1) Whoever in contravention of the provisions of sub -section (1) of
section 5, slaughters any animal without a certificate for which such
certificate is required, shall, on conviction be punished with imprisonment
for a term which may extend to one year and with fine which may extend to
ten thousand rupees.

(2) Whoever in contravention of the provisions of sub -section (1) of
section 5, slaughters any animal as specified in sub -section (1A) of section
5 shall, on conviction, be punished with imprisonment for a term which
may extend to seven years but shall not be less than three years and with
fine which may extend to fifty thousand rupees.

(3) Whoever contravenes the provisions of sections 6 shall, on
conviction, be punished with imprisonment for a term which may extend to
one year and with fine which may extend to ten thousand rupees.
Prohibition against
selling or buying
beef or beef
products.
Power to enter and
inspect premises.
Penalties.
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(4) Whoever contraven es the provisions of section 6A or 6B shall, on
conviction, be punished with imprisonment for a term which may extend to
three years and with fine which may extend to twenty -five thousand
rupees.]

9. Notwithstanding any thing contained in the Code of Criminal Procedure, 1898, all
offences under this Act shall be cognizable.

10. Whoever abets any offence punishable under this Act or attempts to commit any
such offence shall be puni shed with the punishment provided in this Act for such
offence.

11. 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.

12. No suit, prosecution or other legal proce edings shall be instituted against any
person for anything which is in good faith done or intended to be done under this Act
or the rules made thereunder.

13. Subject to any conditions prescribed in this behalf, this Act shall not apply to-

(1) any animal operated upon for vaccine lymph, serum, or for any
experimental or research purposes at an institution established, conducted or
recognised by the State Government ;

(2) any animal or class of animals-

(i) slaughter of which is certified by a Veterinary Surgeon authorized
in this behalf by the State Government to be necessary in the interest
of the public health,

(ii) which are suffering from any disease which is certified by such
Veterinary Surgeon as bei ng contagious and dangerous to other
animals.

14. The State Government may by notification in the Official Gazette, delegate-

(1) to any local authority, its powers and functions under section 4
within the local area subject to the jurisdiction of such local authority;

(2) to any officer of the State Government, its powers and functions
under sub-section (4) of section 5.

15. (1) The State Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
Provision, such rules may provide for-

(a) the powers and duties of a Competent Authority, in addition to
those provided in this Act ;

(b) the form of the certificate under section 5 ;

6c[(cc) the form of application, the form of permit, the fees to be paid
and conditions for granting permit under section 6A;]

(d) the conditions subject to which the Act shall not apply to any
animal under section 13 ;

(e) any other matter which is or may be prescribed.

(3) The rules made under this section shall be subject to the condition of
Offences under the
Act to be
cognizable.
V of 1898.
Abetments and
attempts.
XLV of 1860.
Persons exercising
powers under this
Act deemed to be
public servants.
Protection of
persons acting in
good faith under the
Act or rules.
Exemption under
this Act.
Delegation of
powers.
Power to make
rules.
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previous publication in the Official Gazette:

6d[Provided that if the State Government is satisfied that
circumstances exist which render it necessary to take immediate action, it
may dispense with the previous publication of any rule to be made under this
section].

7[(4) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as possible after they are made and
shall be subject to such modifications as the Legislature may make during the
session in which they are so laid, or the session immediately following. ]

16. The Bombay Animal Preservation Act, 1948, is hereby repealed Provided that:

(a) every appointment, certificate, application, order, rule, notification or
recognition made, issued or given under the provisions of the Act so re -
pealed shall, in so far as it is not inconsistent with the provisions of this Act,
be deemed to have been made, issued or given under the provisions of this
Act, unless and until superseded by any appointment, certificate, application,
order, rule, notification or recognition made, issued or given under this Act ;

(b) any proceedings relating to the trial of any offence punishable under the
provisions of the Act so repealed shall be co ntinued and completed as if the
said Act had not been repealed but had continued in operation and any
penalty imposed in such proceedings shall be recovered under the Act so
repealed.

8[17. The Saurashtra Animal Preservation Act, 1956, is hereby repealed:

Provided that—

(a) every appointment, certificate, application, order, rule, notification or
recognition made, issued or given under the provisions of the Act, so repealed
shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been made , issued or given under the provisions of this Act,
unless and until superseded by any appointment, certificate, application,
order, rule, notification or recognition made, issued or given under this Act ;

(b) any proceedings relating to the trial of any offence punishable under the
provisions of the Act so repealed shall be continued and completed as if the
said Act and had not been repealed but had continued in operation and any
penalty impose in such proceedings shall be recovered under the Act so
repealed. ]

SCHEDULE.

[ Section 2(1). ]

Bovines (bulls, bullocks, cows, calves, male and female buffaloes and
buffalo-calves).

-----------------------------------------------------

1 For Statement of Objects and Reasons, see Bombay Government Gazette Part V, 1954 P, 299.
 This Act was assented to by the President on the 6th December, 1954.
 Section 2 of Guj. 16 of 1961 reads as follows :—
2. The Bombay Animal Preservation Act, 1954, as in force in the Bombay Area of the State of
Gujarat immediately before the commencement of this Act is hereby extended to the rest of the
State of Gujarat and shall, by virtue of extension, be in force throughout the State of Gujarat.
Bom. LXXII s. of 1954.
Extension of Bom. LXXII of 1954 to rest of Gujarat State.
3 Sub-section (3) was deleted ibid, s. 3(2).
4 Sub-section (1A) was inserted by Guj. 16 of 1961, s.4(l) and substituted atlast by Guj. 4 of 1994, S.2
(1).
Repeal of Bombay
Animal
Preservation Act,
1948.
Bom. LXXXI of
1948.
Repeal and Saving. Sau. XXIII of 1956.
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5 These words, brackets, figures and letter were substituted for the words "No certificate" ibid., s. 4(2).
6 Section (3) was amended atlast by Guj. 4 of 1994 Sub, S.1 (2).
6a Sections 6A and 6B were inserted by Guj. 28 of 2011, s. 2.
6b Section 8 was substituted, ibid., s. 3.
6c Clause (cc) was inserted, ibid., s. 4(i).
6d This proviso was added ibid., s. 4(ii).
7 Sub-section (4) was inserted by Guj. 16 of 1961, s.5.
8 Section 17 was inserted, ibid., s.6.

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