The Odisha Prevention of Cow Slaughter Act, 1960

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* published vide Orissa Gazette Ext.dtd. 28. 2. 1961,  O. A. No.  5 of  1961.
For Statement of Objects and Reasons ,  see Orissa Gazette Ext., No. 660,  dtd 8. 12. 1959
and for Report of the Select Committee ,see ibid No. 243, dtd. 29. 2. 1960.
ORISSA ACT 5 OF 1961
AN ACT TO PROHIBIT AND PREVENT THE SLAUGHTER OF
COW AND ITS PROGENY IN THE STATE OF ORISSA
Be it enacted by the Legislature of the State of Orissa in the Eleventh Year of the
Republic of  India as follows:
1. Short title, extent and commencement : (1) This Act may be called the Orissa
Prevention of Cow Slaughter Act, 1960.
(2)  It extends to the whole of the State of Orissa.
(3) It shall come into force at once
 2. Definitions: In this Act, unless there is anything repugnant in the subject or
context:
(a) "Competent authority" means the person or persons
 appointed in this behalf by the Government by Notification   to
exercise the powers and perform the functions of a competent
authority under this Act or the rules made thereunder for such
area or areas and for such period as may be specified in the
Notification;
(b) "Cow" includes heifer or calf;
(c) "Government" means the State Government of Orissa;
(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; and
(f) "Uneconomic cow" includes an infirm cow or a cow which is
permanently disabled or diseased.
3. Prohibition of cow slaughter:  ( 1) Notwithstanding anything contained in
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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(3) A certificate under Clause (b) of Sub- section (1) shall be issued by the
competent authority, only after he has, for reasons to be recorded in writing, certified
that :
(a)  the bull or bullock is over the age of fourteen years; or
(b) in the case of a bull , it has become permanently unfit and
unserviceable for the purpose of breeding and, in the case of a
bullock, it has become permanently unfit and unserviceable for
the purposes of draught and anykind of agricultural operation:
Provided that the permanent unfitness or unserviceability has not been caused
deliberately.
(4) The competent authority shall, before issuing the certificate under Sub-sec-
tion ( 3) or refusing to issue the same, record its order in writing . Any person aggrieved
by the order of the competent authority under this section may, within fifteen days of
the date of the order, appeal against  it to the Government or to such other authority as
may be prescribed, who may pass such orders thereon as they may deem fit.
(5) The Government may, at any time for the purposes of satisfying themselves
as to the legality or propriety of the action taken under this section, call for and examine
the record of any case and may pass such orders thereon as they may deem fit .
(6) Subject to the provisions herein contained, any action taken under this
Section shall be final and conclusive and shall not be called in question.
4. Section 3 not to apply to diseased, under -experimentation cows,bulls or
bullocks : ( 1) Nothing in Section 3 shall apply to the slaughter of a cow ,bull or bul-
lock:
(a)  which is suffering from any contagious or infectious disease
 notified as such by the Government ; or
(b)  which is subjected to experimentation in the interest of   medical
and public health research;
where the slaughtering is done in accordance with the conditions and circum-
stances to be prescribed.
(2) Where  a cow, bull or bullock is slaughtered for the reasons stated in Clause
(a) of Sub- section ( 1), the person, who slaughters or causes to be slaughtered such
cow, bull or bullock shall, within twenty-four hours of the slaughter, lodge information
of the same at the nearest police- station or before such officer or authority as may be
prescribed.
(3) The carcass of the cow, bull or bullock slaughtered under Clause ( a)  of Sub-
section ( 1 ) shall be buried or disposed of in such manner as may be prescribed.
(5) Establishment of institution : There may be established by the Govern-
ment or by any local authority, whereever so directed by the Government, institutions
as may be necessary for taking care of uneconomic cows.
6. Levy of charges or fees: ( 1) The Government  or a local authority, as
the case may be, may levy such charges or fees as may be prescribed for keeping
uneconomic cows in the institutions.
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(2)The owner of the uneconomic cow shal be liable to pay the said charges  or
fees in the prescribed manner.
(3) Dues payable under this  Section shall, without prejudice to any other mode
of recovery be recoverable as arrears of land revenue.
7. Penalty: (1) Whoever contravenes  or attempts to contravene or abets the
contravention of the provisions of Section 3 shall be guilty of an of fence punishable
with rigorous imprisonment for a term which may extend to two years  or with fine
which may extend to one thousand rupees or with both.
(2) Whoever fails to lodge information in accordance with the provisions of
Sub- section ( 2) of Section 4 shall be guilty of an offence punishable with fine which
may extend to two hundred rupees or with both.
(3) Where in any trial of an offence punishable under Sub-section ( 1) or Sub-
section ( 2) the accused pleads that the slaughtered cow, bull or bullock belonged to the
class speficied in Clause (a) of Sub- section (1) of Section 4, the burden of proving the
said fact shall be on the accused.
8. Offences to be cognizable: Notwithstanding anything contained in the Code
of Criminal Procedure, 1898 (5 of 1998 ), an offence punishable under Sub-section ( 1 )
of Section 7 shall be cognizable.
9. Power to make rules : ( 1) The Government may make rules for the purpose of
carrying into effect the provisions 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, bulls
and bullocks are to be slaughtered under Sub-section ( 1 ) of
Section 4;
(b) form of certificate, and the procedure for disposal of the
applications and appeals under Section 3;
(c) the manner in which the information shall be notified under Clause
(a) of Sub-section ( 1) of Section 4;
(d) the manner in which the information shall be lodged under Sub-
section ( 2) of Section 4;
(e)  the matters relating to the establishment, maintenance,
management, supervision and control of institutions referred to
in Section 5;
(f) the duties of any of ficer or authority having jurisdiction under
this Act, theprocedure to be followed by such officer or authority;
and
(g) any other matter which is to be or may be prescribed.
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