The Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1976 : Mah. XLV] 1
THE MAHARASHTRA KEEPING AND MOVEMENT OF CATTLE IN
URBAN AREAS (CONTROL) ACT, 1976
[Text as on 16th April 2025]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Cattle not to be kept in urban areas without licence.
4. Two classes of licences.
5. Issue and renewal of licences.
6. Power to suspend or cancel licences.
7. Prohibition of import of cattle into urban areas.
8. Appeals.
9. Orders of Licensing Officer and Appellate Authority to be final.
10. Prohibited areas for keeping cattle.
11. Power to enter and inspect premises.
12. Power to take bond to produce cattle before Magistrate.
13. Offences and penalties.
14. Offences by companies.
15. Special provision regarding sentence of fine.
16. Power to try offences summarily.
17. Protection of action taken in good faith.
18. Rules.
19. Exemptions.
20. Act to have overriding effect, but shall be in addition to existing local authority laws.
21. Repeal and savings.
SCHEDULE
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Urban Areas (Control) Act, 1976
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Urban Areas (Control) Act, 1976
LIST OF AMENDMENT ACTS
1. Amended by Mah. 33 of 19771 (29-4-1977)
1 Maharashtra Ordinance No. III of 1977 was repealed by Mah. 33 of 1977, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Urban Areas (Control) Act, 1976
MAHARASHTRA ACT No. XLV OF 19761
[THE MAHARASHTRA KEEPING AND MOVEMENT OF CATTLE IN
URBAN AREAS (CONTROL) ACT, 1976.]
[This Act received the assent of the President on the 15th day of September 1976; assent was
first published in the Maharashtra Government Gazette, Extraordinary,
Part-IV, on the 20th day of September 1976.]
An Act to provide, in the public interest, for licensing and regulating or prohibiting, keeping
and movement of cattle in urban areas in the State of Maharashtra.
WHEREAS, it is necessary to ensure maintenance of public health and sanitation, which is
endangered due to keeping of a large number of milch cattle in urban areas;
AND WHEREAS, it is expedient, in the public interest, to provide for licensing and regulating or
prohibiting, keeping and movement of cattle in urban areas in the State of Maharashtra and for matters
connected therewith; It is hereby enacted in the Twenty -seventh year of t he republic of India as
follows:—
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) This Act shall, in the first instance, come into force 2 in 3Greater Bombay and that part of
Thane District, which is contiguous to 4Greater Bombay and is bounded by the Thane and Bassein
Creek, on such 5date as the State Government may, by notification in the Official Gazette, specify. The
State Government may bring this Act into force in such other urban area or areas or parts thereof and
with effect from such date or dates as the State Government may, by notification in the Official
Gazette, specify; and different dates may be specified for different urban areas or parts thereof.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Appellate Authority” means an officer or authority appointed by the State Government
by notification in the Official Gazette , as the Appellate Authority for any urban area or part
thereof in which this Act has come into force;
(b) “cattle” means all or any of the animals specified in the Schedule;
(c) “householder” means a person who occupies any premises as his dwelling;
(d) “Inspector” means one or more officers appointed by the Licensing Officer as Inspector
or Inspectors for any urban area or part thereof in which this Act has come into force;
(e) “licence” means a licence granted under this Act;
(f) “Licensing Officer” means one or more officers appointed by the State Government, by
notification in the Official Gazette, as the Licensing Officer or Officers for any urban area or part
thereof in which this Act has come into force;
(g) “member of a family”, in relation to a househo lder, means a spouse, father, mother,
children, servants and other relations (if any) residing with the householder in the same dwelling;
(h) “permit” means a permit granted under this Act;
1 For S tatement of Objects and Reasons of the L. A. Bill No. XXXIII of 1976, see Maharashtra Government Gazette ,
1976, Extraordinary No. 40, Part V, dated the 21st June 1976, page 278.
2 1st October 1976, vide G. N., A. and C. D., No. WFP. 1976/23423 -7-ADF, dated 29 th September 1976, published in
Maharashtra Government Gazette, 1976, Part-IV-B, Extra., p. 870.
3 The reference to the name “Greater Bombay” construed as a reference to “Brihan Mumbai” by Mah. 25 of 1996, s. 3.
4 The reference to the name “Greater Bombay” construed as a reference to “Brihan Mumbai” by Mah. 25 of 1996, s. 3.
5 1st October 1976, vide G. N., A. and C. D., No. WFP. 1976/23423 -7-ADF, dated 29 th September 1976, published in
Maharashtra Government Gazette, 1976, Part-IV-B, Extra., p. 870.
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Urban Areas (Control) Act, 1976
(i) “prescribed” means prescribed by rules;
(j) “rules” means rules made under this Act;
(k) “urban area” means—
(i) the area comprising of 1Greater Bombay and that part of Thane District, which is
contiguous to 2Greater Bombay and is bounded by the Thane and Bassein Creek;
(ii) any area within the limits of any Municipal Corporation or Municipal Council
constituted under any law for the time being in force and such area contiguous thereto as
may be declared by the State Government, by notification in the Official Gazette, to be a
part of the same urban area for the purposes of this Act;
(iii) any other area in the State, which the State Government may, in view of its
development and growing population, declare, by notification in the Official Gazette, to be
an urban area for the purposes of this Act.
3. Cattle not to be kept in urban areas without licence. — After the expiry of a period of three
months from the date on which this Act comes into force in any urban area or part thereof, no person
shall keep or cause to be kept or permit the keeping of any without cattle in that area or part, except
under and in accordance with the conditions of a licence granted to him under this Act.
4. Two classes of licences.— (1) There shall be two classes of licences, namely :—
(a) a licence granted to a householder in respect of cattle kept on his premises primarily for
consumption of milk by himself or members of his family :
Provided that, such licence shall not be granted to any householder in respect of more than
three heads of cattle;
(b) a licence granted to any person in respect of cattle kept by him for the purpose of
carrying on his trade as a dairyman or milk seller.
(2) Licences referred to in clauses ( a) and ( b) of sub -section ( 1) shall be called as Class -A
Licences and Class-B Licences, respectively.
5. Issue and renewal of licences. — (1) Any person intending to have or renew a Class A or
Class B licence shall apply to the Licensing Officer in the prescribed form and in the prescribed
manner. Such application shall bea r a court-fee stamp of two rupees and shall be accompanied by the
prescribed licence fee.
(2) On receipt of such application, the Licensing Officer may, after holding such inquiry as he
deems fit, either grant or renew the licence or , for reasons to be recorded, by order refuse to grant or
renew the licence.
(3) In granting or renewing or refusing to grant or renew a licence, the Licensing Officer shall,
inter alia, have regard to the following matters, that is to say,—
(a) the number of cattle kept in the locality;
(b) the suitability of the area in which cattle are proposed to be kept;
(c) the suitability of the stable and the arrangements in the stable for water supply for
drinking, washing and cleaning;
(d) the arrangements for proper rearing of calves;
(e) the arrangements for maintenance of cattle during dry period;
(f) any other matters prescribed in this behalf.
1 The reference to the name “Greater Bombay” construed as a reference to “Brihan Mumbai” by Mah. 25 of 1996, s. 3.
2 The reference to the name “Greater Bombay” construed as a reference to “Brihan Mumbai” by Mah. 25 of 1996, s. 3.
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(4) A licence shall be in the prescribed form and shall be subject to the provisions of this A ct and
the rules and shall be valid for the prescribed period.
6. Power to suspend or cancel licences.— Where the Licensing Officer has reason to believe
that any person to whom a licence has been granted has contravened any provisions of this Act or of
the rules or failed to comply with the conditions of the licence, the officer may, after giving to the
person a reasonable opportunity to show cause, for reasons to be recorded, by order suspend or cancel
the licence.
7. Prohibition of import of cattle into urban areas. — No person shall bring into any urban
area or part thereof in which this Act has come into force any cattle from any place outside such area or
part, except with the prior permission and under and in accordance with the conditions of a permit
granted to him by the Licensing Officer :
Provided that, no such permission and permit shall be neces sary in the case of any cattle brought
into the area for the purpose of slaughter at any slaughter house maintained or licensed by the local
authority of the area or by Government or in the case of any cattle passing through the area in the
course of their journey to any outside area.
8. Appeals.— (1) If any person is aggrieved by an order of the Licensing Officer refusing to
grant or renew or suspending or cancelling a licence or refusing to grant permission and permit to
import cattle in the urban area or part thereof in which this Act has come into force, he may appeal
against the order, to the Appellate Authority in the prescribed manner. Every appeal u nder this section
shall bear a c ourt-fee stamp of ten rupees, and it shall be preferred within thirty days of the date on
which the appellant receives intimation of the order against which the appeal is preferred:
Provided that, the Appellate Authority may entertain any appeal after the expiry of the period of
thirty days aforesaid, if it is satisfied th at the appellant was prevented by sufficient cause from filing
the appeal in time.
(2) On receipt of any such appeal, the Appellate Authority may, after making such inquiry as may
be necessary and giving reasonable opportunity to the appellant to be heard , pass such orders as it
thinks fit.
(3) Where an appeal is preferred under sub -section ( 1), the Appellate Authority may stay the
enforcement of the order of the Licensing Officer for such period and on such conditions as it thinks
fit.
9. Orders of Licensing Officer and Appellate Authority to be fin al.— Every order made by
the Licensing Officer subject to an appeal to the Appellate Authority , and every order made by the
Appellate Authority on any such appeal, shall be final, and shall not be called in question in any suit or
other proceedings, and no stay or injunction shall be granted by any Court, Tribunal or other authority
in respect of any order made or to be made or any action taken or to be taken by the Licensing Offic er
or the Appellate Authority in the exercise of the powers conferred on them by or under this Act.
10. Prohibited areas for keeping cattle. — (1) Notwithstanding anything contained in the
foregoing provisions of this Act, the State Government may, at any time, after the date on which this
Act comes into force in any urban area or part thereof declare, by notification in the Official Gazette,
the whole of that area or that part or part by part of that area, to be a prohibited area, if it thinks fit so to
do in the public interest.
(2) On and after the date of such declaration, no Class-B licence shall be granted in respect of any
premises in the prohibited area and any such licence already granted and in force in respect of any
premises in the prohibited a rea shall stand cancelled on the expiry of six months from the said date or
on the expiry of the remaining period of the licence, whichever is earlier; and the person concerned
shall remove all his cattle from the prohibited area to any other area where th is Act has not been
brought into force, within a period of thirty days from the date the licence stands cancelled.
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1[(3) Notwithstanding anything contained in sub-sections (1) and (2), the State Government may,
at any time, in the public interest, by notification in the Official Gazette, rescind any notification issued
by it under sub-section (1), in respect of the whole or any part of the area specified in that notification ;
and may, at any time, by like notification issued under sub -section ( 1), redeclare that area or part
thereof as a prohibited area from the date specified in such subsequent notification.]
11. Power to enter and inspect premises. — Any Inspector or the Licensing O fficer or the
Appellate Authority, or any officer authorised by the Licensing Officer, the Appellate Authority or the
State Government, or any police officer not below the rank of Sub -Inspector, may, at all reasonable
times, enter and inspect any stable or other premises situated in the urban area or part thereof in which
this Act has come into force,—
(a) in order to view any cattle or the arrangements made for keeping cattle, in respect of
which an application for grant or renewal of a licence has been made or licence has been
granted; or
(b) in order to ascertain whether any cattle are being kept or brought there without a licence
or permit or in contravention of any other provisions of this Act or the rules or of the conditions
of the licence or the permit, if he has reason to believe that cattle are being so kept or brought, as
the case may be.
12. Power to take bond to produce cattle before Magistrate. — Where a police officer , not
below the rank of Sub -Inspector, has reason to believe that an offence under this Act has been
committed in respect of any cattle, he may inform the person who appears to have committed the
offence that he is making a complaint against the person before a Magistrate and direct the person to
give a bond, with two sureties, that he shall produce the cattle before the Magistrate, from time to time,
when required, until the complaint is disposed of.
13. Offences and Penalties.— (1) Any person, who—
(a) contravenes the provisions of Section 3 or 7; or
(b) keeps cattle in any area or part thereof declared to be a prohibited area without a licence
or after his licence stands cancelled, fails to remove cattle as required by sub -section ( 2) of
Section 10,
such person shall, on conviction, be punished with imprisonment for a term which may extend to three
years or with fine or with both:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in
the Judgment of the Court, the imprisonment shall not be less than three months or the fine shall not be
less than two thousand rupees.
(2) Where a person is convicted of an offence under this section, the Court trying the offence—
(a) if it is the first offence under clause (a) of sub-section (1), may,
(b) if it is a subsequent offence under the said clause (a) committed within six months of the
last such offence or is a first or subsequent offence under clause (b) of sub-section (1), shall,
also order that all or any of the cattle in respect of which the offence has been committed, shall be
forfeited to the State Government.
(3) Every offence under this section shall be cognizable and bailable.
14. Offences by companies. — (1) Where an offence under this Act has been committed by a
company, every person, who, at the time th e offence was committed, was in charge of , and was
responsible to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
1 Sub-section (3) was inserted by Mah. 33 of 1977, s. 2.
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Provided that, nothing contained in this sub -section shall render such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secret ary or other
officer of the company, such director, manager, secretary or officer shall be proceeded against and
punished accordingly.
Explanation.— For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
15. Special provision regarding sente nce of fine .— Notwithstanding anything contained in
Section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan
Magistrate and for any Magistrate of the First Class to pass a sentence of fine exceeding the pecuniary
limit specified in that section, on any person convicted of an offence under this Act.
16. Power to try offences summarily.— Any Magistrate empowered for the time being to try in
a summary way the offences specified in sub -section ( 1) of section 260 of the Code o f Criminal
Procedure, 1973 (2 of 1974), may, on application in this behalf being made by the prosecution, try in
accordance with the provisions contained in sections 262 to 265 of the said Code any offence
punishable under this Act.
17. Protection of action taken in good faith. — No suit, prosecution or other legal proceedings
shall lie against the State Government or any officer of the State Government or any authority
appointed under this Act, for anything which is in good faith done or intended to be done under this
Act.
18. Rules.— (1) The power to make rules under this Act shall be exercisable by the State
Government by notification in the Official Gazette.
(2) Without prejudice to any power to make rules contained elsewhere in this Act, the Stat e
Government may make rules consistent with this Act to levy fees in respect of any of the matters
included in this Act and generally, to carry out the purposes of this Act.
(3) All rules made under this Act shall be subject to the condition of previous publication.
(4) Every rule made under this Act 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
immediately following the session or the successive sessions aforesaid, both Houses agree in making
any modification in the rule or both houses agree that the rule should not be made , and notify such
decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or
omitted to be done under that rule.
19. Exemptions.— (1) Nothing in this Act shall apply to the cattle belonging to Gov ernment or
to the local authority of the urban area or part thereof in which this Act has come into force and to any
cattle kept for educational or research purposes or kept in a Panjarpol or like institution.
(2) The State Government may, if it is necess ary in the public interest so to do by general or
special order, exempt any person or class of persons or the public generally, in any urban area or part
thereof in which this Act has come into force, in respect of all or any class of cattle from all or an y
provisions of this Act, subject to such conditions as may be specified in that behalf and may at any
time by like order suspend or cancel such exemption.
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Urban Areas (Control) Act, 1976
20. Act to have overriding effect, but shall be in addition to existing local authority
laws.— (1) The provisions of this Act and the rules shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or in any contract (whether
express or implied), custom or usage.
(2) Subject to the provis ions of sub-section (1), the provisions of this Act shall be in addition to,
and not in derogation of, the provisions of any law relating to municipal corporation, municipal council
or other local authority of the urban area or part thereof in which this Act has come into force.
21. Repeal and savings.— On the date on which this Act is published in the Official Gazette, the
Bombay Essential Commodities and Cattle (Control) Act, 1958 (Bom. LXII of 1958 ) and any orders
made thereunder shall cease to apply t o the cattle specified in the Schedule to this Act, except as
respects anything done or omitted to be done under that Act or those orders before the date aforesaid
and for that purpose that Act shall stand amended, as follows, namely :—
In the Schedule to that Act, in Part-II, entries 1 and 3 to 6 (both inclusive) shall be deleted.
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SCHEDULE
[See clause (b) of Section 2 and Section 21.]
1. Buffaloes.
2. Cows.
3. Heifers.
4. Calves.
5. Bulls.
Lex