The KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT, 1964
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA PREVENTION OF COW SLAUGHTER
AND CATTLE PRESERVATION ACT, 1964
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of competent authority.
4. Prohibition of slaughter of cow or calf of she-buffalo.
5. Prohibition against slaughter of animals without certificate from competent authority.
6. Power of revision.
7. Slaughter to be in places specified.
8. Restriction on transport of animal or cow for slaughter.
9. Prohibition of sale, purchase or disposal of cow or calf of she-buffalo for slaughter.
10. Power to enter and inspect.
11. Penalties.
12. Offences under the Act to be cognizable.
13. Abetment.
14. Persons exercising powers under the Act deemed to be public servants.
15. Protection of persons acting in good faith.
16. Exemptions.
17. Delegation of powers.
18. Establishment of institutions for taking care of cows or other animals.
19. Power to make rules.
20. Repeal.
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STATEMENTS OF OBJECTS AND REASONS
I
Act 35 of 1964.—The laws regulating preservation of animals in force in the State of
Mysore are, the Mysore Prevention of Cow Slaughter Act, 1948, in force in the Mysore
Area, and the Bombay Animal Preservation Act, 1954, in force in the Bombay Area.
Under section 2 of the Mysore Act, “cow” is defined to include bull, bullock, buffalo, and
calf, and section 3 of the Act imposes a ban on the slaughter of cows except when
certified by a qualified veterinarian to be affected with rabis. In view of the decision of the
Supreme Court in “Mohammed Hanif Quareshi vs. the State of Bihar” and of the decision
of the Mysore High Court in “Quareshi and others vs. the State of Mysore”, it is
considered necessary to have a uniform law for the whole State in conformity with those
decisions.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A dated 20th
November 1963 as No. 144 at page. 9.)
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II
Amending Act 24 of 1966. —Section 16 of the Mysore Prevention of Cow Slaughter
and Cattle Preservation Act, 1964, lays down that the Act shall not apply to any cow or
animal operated upon for vaccine lymph, serum or for any experimental or research
purpose, or any cow or animal, slaughter of which is certified by a Veterinary Officer to
be necessary in the interest of the public health, or which is suffering from any disease
which is certified by a Veterinary Officer as being contagious and dangerous to other
animals. The Government of India have stated that the regulations for the Army contain
provisions for the destruction of Army cattle when they have been certified by a
Veterinary Officer as suffering from an incurable disease or injury. They have requested
that in order to enable destruction of such animals suitable provision may be made in the
Mysore Act.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 21st July 1966
as No. 122 at page. 3.)
III
Amending Act 26 of 1975.—Under clause (c ) of section 16 of the Act a cow or
animal belonging to the Central Government in the Ministry of Defence, slaughter of
which is certified by a Veterinary Officer of the Indian Army to be necessary on the
ground that it is suffering from incurable diseas e or injury is exempt from the provisions
of the Act. It is considered that similar exemption should also be made applicable in the
case of slaughter of a cow or animal certified by a Veterinary Officer authorised by State
Government as one suffering from an incurable disease or injury.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 26th February
1973 as No. 178 at page. 3.)
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1[KARNATAKA]1 ACT No. 35 OF 1964
(First published in the 1[Karnataka Gazette]1 on the Twenty-seventh day
of August, 1964.)
THE 1[KARNATAKA]1 PREVENTION OF COW SLAUGHTER
AND CATTLE PRESERVATION ACT, 1964.
(Received the assent of the President on the Fourteenth day of August, 1964.)
(As amended by Karnataka Acts 24 of 1966 , 26 of 1975)
An Act to provide for the prevention of slaughter of cows, calves of cows and calves
of she-buffaloes and for the preservation of other cattle in the State.
WHEREAS it is expedient to provide for the prevention of slaughter of cows, calves of
cows and calves of she-buffaloes and for the preservation of other cattle in the State;
BE it enacted by the 1[Karnataka State] 1 Legislature in the Fifteenth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
1. Short title, extent and commencement.—(1) This Act may be called the
1[Karnataka]1 Prevention of Cow Slaughter and Cattle Preservation Act, 1964.
(2) It shall extend to the whole of the 1[State of Karnataka]1.
(3) It shall come into force at once.
1. Adapted by the Karnataka Adaptati ons of Laws Order 1973 w.e.f. 1.11.1973
2. Definitions.—In this Act, unless the context otherwise requires,—
(i) “animal” means bull, bullock, buffalo-male or female, or calf of she-buffalo
whether male or female;
(ii) “competent authority” means a person or a body of persons appointed to perform
the functions of a competent authority under this Act;
(iii) “cow” includes calf of a cow, whether male or female;
(iv) “notification” means a notification published in the official Gazette; and
(v) “prescribed” means prescribed by rules made under this Act.
3. Appointment of competent authority. —The State 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.
4. Prohibition of slaughter of cow or calf of she-buffalo. —Notwithstanding any
law, 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 of she-buffalo.
5. Prohibition against slaughter of animals without certificate from competent
authority.—(1) Notwithstanding any law, 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 of she-buffalo, 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.
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(2) A certificate under sub-section (1) shall be granted by the competent
authority, after it has, for reasons to be recorded in writing, certified that,—
(a) the animal is over the age of twelve years; or
( b) the animal has become permanently incapacitated for breeding, draught
or giving milk due to injury, deformity or any other cause.
(3) No certificate under sub-section (1) shall be granted if the animal is suffering
from any disease which makes its meat unwholesome for human consumption.
(4) A certificate under this section shall be granted in such form and on payment
of such fee as may be prescribed.
6. Power of revision. —(1) 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 section 5, call for and
examine the records of the case and may pass such order in reference thereto as it
thinks fit.
(2) Subject to the provisions of sub-section (1) 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 (1), shall be final and shall not be called in question in
any court.
7. Slaughter to be in places specified. —No animal in respect of which a certificate
has been granted 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.
8. Restriction on transport of animal or cow for slaughter. —No person shall
transport or offer for transport or cause to be transported any animal or cow from any
place within the State to any place outside 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.
9. Prohibition of sale, purchase or disposal of cow or calf of she-buffalo for
slaughter.—No person shall purchase, sell or otherwise dispose of or offer to purchase,
sell or otherwise dispose of or cause to be purchased, sold or otherwise disposed of,
cows or calves of she-buffaloes for slaughter or knowing or having reason to believe that
such cattle shall be slaughtered.
10. 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
questions put to him by the competent authority or by the authorised person.
11. 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.
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12. Offences under the Act to be cognizable. —All offences under this Act, shall be
cognizable.
13. Abetment.—Whoever abets any offence punishable under this Act or attempts to
commit any such offence, shall be punished wi th the punishment provided in this Act for
such offence.
14. 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.
15. Protection of persons acting in good faith. —No suit, prosecution or other legal
proceedings 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 rule made thereunder.
16. Exemptions.—Subject to such conditions as may be prescribed, this Act shall not
apply to,—
(a) any cow or animal operated upon for vaccine lymph, serum or for any
experimental or research purpose at an institution established, conducted or recognised
by the State Government; or
(b) any cow or animal,—
(i) slaughter of which is certified by a Veterinary Officer authorised by the State
Government, to be necessary in the interest of the public health;
(ii) which is suffering from any disease which is certified by a Veterinary Officer
authorised by the State Government as being contagious and dangerous to other
animals.
1[(c) any cow or animal, slaughter of which is certified to be necessary on the ground
that it is suffering from an incurable disease or injury,—
(i) in the case of a cow or animal belonging to the Central Government in the
Ministry of Defence, by a Veterinary Officer of the Indian Army;
(ii) in the case of any other cow or animal, by a Veterinary Officer authorised by the
State Government.]1
1. Sustituted by Act 26 of 1975 w.e.f. 5.6.1975
17. Delegation of powers.—The State Government may, by notification, delegate,—
(i)to any local authority, its powers and functions under section 3, within the local area
subject to the jurisdiction of such local authority;
(ii)to any officer of the State Government its powers and functions under sub-section
(1) of section 6.
18. Establishment of institutions for taking care of cows or other animals. —(1)
The State Government may establish, or direct any local authority or society registered
under the
1[Karnataka]1 Societies Registration Act, 1960, 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.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) The State 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 herein.
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(3) The State Government or subject to the previous sanction of the State
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.
19. Power to make rules. —(1) The State 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 5;
( c) the amount of the fee to be paid under section 5;
( d) the conditions subject to which this Act shall not apply to any animal under
section 16;
( e) the management of Institutions established under section 18 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 be laid as soon as may be after it is made
before each House of the State Legislature while it is in session for a total period of thirty
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, both Houses agree in making any modification in the rule or both Houses
agree 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 any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
20. Repeal.—The Bombay Animal Preservation Act, 1954 (Bombay Act LXXII of
1954), the Bombay Essential Commodities and Cattle (Control) Act, 1946 (Bombay Act
XXII of 1946) and the Mysore Prevention of Cow Slaughter Act, 1948 (Mysore Act L of
1948) are hereby repealed:
Provided that section 6 of the 1[Karnataka]1 General Clauses Act, 1899 ( 1[Karnataka]1
Act III of 1899) shall be applicable in respect of such repeal and sections 8 and 24 of the
said Act shall be applicable as if the said enactments had been repealed and re-enacted
by this Act.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
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