LexThe Himachal Pradesh Prohibition of Cow Slaughter Act,1979
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH PROHIBITION OF COWSLAUGHTER
ACT, 1979
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definition.
3. Prohibition of slaughter.
4. Exceptions.
5. Prohibition of sale of beef.
6. Establishment of institutions.
7. Levy of fees.
8. Penalty.
9. Offences to be cognizable and non-boilable.
10. Power to make rules.
11. Repeal and savings.
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THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER
ACT, 1979
(ACT NO. 11 OF 1979)1
(Received the assent of the Governor, Himachal Pradesh on 8th June,
1979 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated 16th June, 1979, pp. 1926-1929).
An Act to prohibit the slaughter of cow and its progeny in Himachal
Pradesh.
Amended, repealed or otherwise affected by,-
H.P. Act No.18 of 20102 assented to by the Governor on the
14th September, 2010, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 17th September, 2010,
pp. 4865-4874.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirtieth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 24th March, 1979, p.1014.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh, dated 20th August,
2010, pp. 3758 and 3762.
2 THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER ACT, 1979
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Prohibition of Cow Slaughter Act, 1979.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force atonce.
2. Definition.- In this Act, unless there is anything repugnant to the
subject or context,-
(a) "beef" means flesh of cow in any form but does not include
flesh of cow contained in sealed containers and imported into
Himachal Pradesh;
(b) "beef products" include extraction from beef;
(c) "cow" includes a bull, bull. ck, ox, heifer or calf;
1[(cc) “export” means taking of cow outside the territorial
jurisdiction of Himachal Pradesh;]
(d) "prescribed" means prescribed by rules made under this Act;
(e) "slaughter" means killing by any method whatsoever and
includes maiming and inflicting of physical injury which in
the ordinary course will cause death;
(f) "Government" means the Government of Himachal Pradesh;
and
(g) "uneconomic cow" includes stray, unprotected, infirm,
disabled, diseased or barren cow.
3. Prohibition of slaughter.- Notwithstanding anything contained in
any other law for the time being in force or any usage or custom to the
contrary, no person shall slaughter or cause to be slaughtered or offer or cause
to be offered for slaughter any cow in any place in Himachal Pradesh:
Provided that killing of a cow by accident or in self-defence will not
be considered as slaughter under the Act.
4. Exceptions.- (l) Nothing in section 3 shall apply to the slaughter of
a cow-
(a) whose suffering is such as to render its destruction desirable
according to the certificate of the Veterinary Officer of the
area or such other officer of the Animal Husbandry
Department as may be prescribed; or
(b) which is suffering from any contagious or infectious disease
notifiedas such by the Government; or
(c) which is subject to experimentation in the interest of medical
andpublic health research by a certified medical practitioner
1. Clause (cc) inserted vide H.P. Act No. 18 of 2010.
THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER ACT, 1979 3
of theAnimal Husbandry Department.
(2) Where it is intended to slaughter a cow for the reasons specified in
clause (a) or clause (b)of sub-section (1) it shall be incumbent for a person
doing so to obtain a prior permission in writing of the Veterinary Officer of
the area or such other officer of the Animal Husbandry Department as may be
prescribed.
1[4 A. Restriction on export of cow.- No person shall exportor cause
to be exported, cow for the purpose ofslaughter either directly or through his
agent or servantor any other person acting on his behalf in contraventionof the
provisions of this Act or with knowledge that itmay be or likely to be
slaughtered.
4 B. Permit for export.- (1) Any person desiring to exportcows shall
apply for a permit to such officer, as theGovernment may, by notification,
appoint in this behalf,stating the reasons for which they are to be
exportedtogether with the number of cows and the name of theState to which
they are proposed to be exported. Heshall also file a declaration that the cows
for whichexport permit is required shall not be slaughtered.
(2) The officer appointed under sub-section (1), aftersatisfying himself
about the genuineness of the requestof the applicant, shall grant and issue him
a permit forexport of cows specified in the application on paymentof such fee
and in such form as may be prescribed.
4 C. Special permits.- The Government shall have thepower to issue
special permits for export of cows incases where it is of the opinion that it is
in the public interest to do so.]
5. Prohibition of sale of beef.- Except as herein excepted and
notwithstanding anything contained in any other law for the time being in
force no person shall sell or offer for sale or cause to be sold beef or beef
products in any form except for such medicinal purposes as may be
prescribed.
6. Establishment of institutions.- There shall be established by the
Government, or by any local authority when so directed by the Government,
institutions for the reception, maintenance and care of uneconomical cows.
7. Levy of fees.- The State Government or the local authority, if so
authorised, may levy such fees as may be prescribed for care and maintenance
of uneconomic cows in the institution.
8. Penalty.- (1) Whoever contravenes or attempts to contravene or
abets the contravention of the provisions of 2[sections 3, 4A, 4B or 5 shall be
guilty of an offence punishable with rigorous imprisonment for a term which
may extend to five years, or with fine which may extend to 3[twenty five
thousand] rupees, or with both.
1. Section 4A to 4C inserted vide H.P. Act No. 18 of 2010.
2. Substituted for words and figures “section 3 or 5” vide H.P. Act No. 18 of 2010.
3. Substituted for words “five thousand” vide H.P. Act No. 18 of 2010.
4 THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER ACT, 1979
(2) Whoever fails to lodge the information in the manner and within
the time stated in sub-section (2) of section 4 shall be guilty of an offence
punishable with simple imprisonment for a term which may extend to one
year, or with fine which may extend to two hundred rupees, or with both.
(3) In any trial for an offence under sub-section (1) or sub-section (2)
the burden of proving that the slaughtered cow belonged to the class specified
in clauses (a) or (b) of sub-section (1) of section 4 shall be on the accused.
9. Offences to be cognizable and non-bailable.- Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) an
offence punishable under sub-section (1) of section 8 shall be cognizable and
non- bailable.
1[9 A. Power to enter and seizure etc.- Any Police Officer not below
the rank of Head Constable or any person authorized in thisbehalf by the
Government may, with a view to assure and for satisfyinghimself that the
provisions of this Act have been complied with,-
(a) enter, stop and search or authorize any person to enter stop
and search any vehicle used or intended to be used for the
export of cows;
(b) seize or authorize seizure of cows and vehicle in which such
cows are found if he suspects that any of the provision of this
Act has been, is being or about to be contravened, and
thereafter, take or authorize the taking of all measures
necessary for securing the production of cows and vehicles
seized, in the court for their safe custody; and
(c) the provisions of section 100 of the Code of
CriminalProcedures, 1973(2 of 1974), relating to search and
seizure shall,so far as may be, apply to searches and seizures
underthis section.
9 B. Protection of action taken in good faith.- No suit, prosecution
or other legal proceedings shall lie against any officer of the Government for
anything which is in good faith done or intendedbe done under this Act or the
rules made thereunder.].
10. Power to make rules.- (1) The State Government may make rules
for the purpose of carrying into effect the previsions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such
rules may provide for-
(a) the conditions and the circumstances under which cows may
be slaughtered under sub-section (1) of section 4;
(b) the manner in which diseases shall be notified under clause
(b) of sub-section (I) of section 4;
1. Sections 9A and 9B inserted vide H.P. Act No. 18 of 2010.
THE HIMACHAL PRADESH PROHIBITON OF COW SLAUGHTER ACT, 1979 5
(c) the manner in which permission shall be obtained under sub-
section (2) of section 4;
(d) the forms and contents of the certificate mentioned in sub-
clause (a) of sub-section (I) of section 4 and ,the authorities
competent to grant it;
1[(did) the form in which the permit under section 4 B is tobe granted
and fee to be charged in respect of such permit;]
(e) the manner in which and conditions under which beef or beef
products are to be sold under section 5;
(f) the matters relating to the establishment, maintenance,
management, supervision and control of institutions referred
to in section 6;
(g) the duties of any officer or authority having jurisdiction under
this Act, the procedure to be followed by such officer or
authority; and
(h) the matters which are to be and may be prescribed.
(3) Every rule made under this Act shall be laid as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of not less than fourteen days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, the
Assembly makes any modification in the rule or decides that the rule should
not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
11. Repeal and savings.-(l) The Punjab Prohibition of Cow Slaughter
Act, 1955 (15 of 1956) in its application to the territories added to Himachal
Pradesh under section 5 of the Punjab Re-organization Act, 1966 (31 of 1966)
is herby repealed.
(2) Notwithstanding such repeal anything don, action taken, rules
made or notification issued in exercise of the powers conferred by or under
the provisions of thi8 Act, shall be deemed to have been done, taken, made or
issued in exercise of the powers conferred by or under this Act, as if this Act
was in force on the day on which such thing was done, action taken, rules
made or notification issued.
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1. Clause (dd) inserted vide H.P. Act ,No. 18 of 2010.