LexThe Rajasthan Bovine Animal ( Prohibition of Slaughter & Regulation of Temprorary Migration or Export ) Act, 1995
Rajasthan · state statute
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(Group-II)
NOTIFICATION
Jaipur, August 24, 1995
No. F. 2 (30) Vidhi/92. – In pursuance of clause (3) of Article 348 of the
Constitution of India, the Governor is pleased to a uthorise the publication in the
Rajasthan Gazette of the following translation in t he English language of the
Rajasthan Go-Vanshiya Pashu (Vadh Ka Pratished Aur Asthayee Pravrajan Ya
Niryat Ka Viniyaman ) Adhiniyam, 1995 (1995 Ka Adhiniyam Sankhya 23):-
(Authorised English Translation)
THE RAJASTHAN BOVINE ANIMAL (PROHIBITION OF
SLAUGHTER AND REGULATION OF TEMPORARY
MIGRATION OR EXPORT) ACT, 1995
(Act No. 23 of 1995)
(Received the assent of the President on the 17 th day of August, 1995)
An
Act
to provide for prohibition of slaughter of cow and its progeny and also to regulate
temporary migration or export thereof from Rajasthan.
Be it enacted by the Rajasthan State Legislature i n the Forty-sixth Year of
the Republic of India as follows: –
1. Short title, extent and commencement .-(1) This Act may be called the
Rajasthan Bovine Animal (Prohibition of Slaughter a nd Regulation of Temporary
Migration or Export) Act, 1995.
(2)It extends to the whole of the State of Rajasth an.
(3)It shall come into force at once.
2. Definitions.-In this Act, unless the context otherwise requires,–
(a) “beef” means flesh of bovine animal;
(b) 1“bovine animal” means cow, calf, heifer, bull or bu llock but does not
include buffalo and its progeny.
(c) “bull” means an uncastrated male above the age of t hree years
belonging to the species of bovine animal;
(d) “bullock” means a castrated male above the age of t hree years
belonging to the species of bovine animal;
(e) “calf” means a castrated or uncastrated male of the age of three
years and below belonging to the species of bovine animal;
1 In clause 2(b) of the Act, definition of Bovine Animal substituted by The Bovine Animal (Prohibition of Slaughter and
Regulation of Temporary Migration or Export) (Amendment) Act, 2018 dated 05.12.2019 instead of “bovine animal”
means and includes cow, calf, heifer, bull or bullock.
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
(f) “Code” means the Code of Criminal Procedure, 1973 ( 2 of 1974);
(g) “Competent Authority” means Collector of a District and includes
any other officer who may be authorised in this beh alf by the State
Government by notification in the Official Gazette to exercise the
powers and perform the functions of the Competent A uthority
under this Act or the rules made thereunder for suc h area or areas
and for such period as may be specified in the notification;
(h) “cow” means a female above the age of three years b elonging to
the species of bovine animal;
(i) “Divisional Commissioner” means a Commissioner appo inted by
the State Government under Section 17 of the Rajast han Land
Revenue Act, 1956 (Rajasthan Act No. 15 of 1956);
(j) “export” means to take out of the State of Rajastha n to any other
place out of the State of Rajasthan;
(k) “famine and scarcity affected area” shall mean an a rea affected by
famine or scarcity in respect of which a declaratio n has been made
by the State Government under an appropriate law by a
notification in the Official Gazette;
(l) “heifer” means a female of the age of three years a nd below
belonging to the species of bovine animal;
(m) “slaughter” means intentional killing by any method and for any
purpose whatsoever;
(n) “transporter” means and includes, –
(a) in the case of a goods carriage as defined in the Motor
Vehicles Act, 1988 (59 of 1988),--
(i) the owner, if the booking is undertaken under his
instruction or with his knowledge;
(ii) the person for the time being incharge of the vehicle;
(iii) the person for the time being incharge of booking o f goods
or livestock;
(iv) the Managing Director, Executive Director, General
Manager or Chief Executive or any other person inch arge
of business, as the case may be, (where the owner i s a
company) when the bookings are undertaken under his
instruction or with his knowledge;
(v) the partner, in the case of a partnership firm, if the booking
is undertaken under his instruction or with his knowledge;
(b) in the case of Railway Goods Train,–
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
(i) the person for the time being incharge of booking o f goods
and livestock at a Railway Station; and/or
(ii) the person who prepares Railway Receipts at a Railw ay
Station;
(c) the consignee to whom the livestock is to be delivered ; and
(d) in any other case, the person carrying or accompanying the livestock.
3. Prohibition of slaugther of bovine animal .– Notwithstanding
anything contained in any law for the time being in force or in any usage or
custom to the contrary, no person shall slaughter o r cause to be slaughtered or
offer or cause to offered for slaughter any bovine animal.
4. Prohibition of possession, sale or transport of bee f and beef
products.– Notwithstanding anything contained in any other la w for the time
being in force, no person shall possess, sale or tr ansport for sale or cause to be
sold or transported beef or beef products in any form.
5. Prohibition of export of bovine animal for the purp ose of
slaughter and regulation of temporary migration or export for other
purposes . – (1) No person shall export and cause to be exported any bovine animal
himself or through his agent, servant or other pers on acting in his behalf from any
place within the State to any place outside the State for the purposes of slaughter or
with the knowledge that it may be or is likely to be slaughtered.
(2) Notwithstanding anything contained in subs ection (1) temporary
migration of bovine animal from the famine and scar city affected areas, of
Rajasthan may be allowed by the Competent Authority to other States in India for
grazing purposes under a valid permit in the manner prescribed and hereinafter laid
down.
(3) Any person residing in any famine and scarc ity affected area and
desiring migration of any bovine animal shall apply to the Competent Authority
having jurisdiction over such area stating the circ umstance necessitating the
proposed migration together with the number of bovi ne animals and name of the
State or States to which migration is proposed and the period for which the permit
is required.
(4) The Competent Authority after satisfying itself about the
genuineness of the request of the applicant referre d in sub-section (3), may grant
him a permit in the prescribed form and manner whic h among other things may
provide for affixing of identification mark before such temporary migration of
bovine animal is allowed out of the State and in no case the period of said
migration shall extend beyond the month of August n ext following the date of
grant of the permit.
(5) On return from temporary migration the app licant referred to in sub-
section (3), shall inform the Competent Authority i n writing about the number of
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
bovine animal brought back by him together with the explanation for variations, if
any.
(6) If any person does not bring back such bov ine animal into the State
and also within the period specified in the permit he shall be deemed to have
contravened the provision of sub-section (1).
(7) The Competent Authority may issue special permit in the prescribed
manner for export of bovine animal from Rajasthan f or agricultural or dairy
farming purposes or for participation in a cattle f air, and before granting such
permission the Competent Authority shall also ensur e that such export in no way
reduces the number of such bovine animal below the level of actual requirement of
the local area.
(8) Any applicant referred to in sub-section (3 ) or any person seeking
special permit under sub-section (7), aggrieved by an order of the Competent
Authority made under sub-section (4), sub-section ( 6) or sub-section (7) may make
an application, within thirty days from the date of the order, to the divisional
commissioner and the Divisional commissioner may up on such application or suo-
motu call for and examine the record of the case fo r the purpose of satisfying
himself as to the correctness, legality or propriet y of any order and may pass such
order as it may deem just and proper and such order shall be final and conclusive
and shall not be called in question in any civil court.
6. Transporter to be abettor.– Whenever the bovine animals are
transported by any means of transport in furtheranc e of the object of commission
of any offence under this Act, the transporter shall be guilty of abetment of the said
offence and shall be liable for the same punishment as is provided under section 8
of the Act for person committing the said offence.
“
16-A. Confiscation of the means of conveyance.- (1) Whenever an
offence punishable under this Act is committed, any means of conveyance used in
the commission of such offence shall be liable to confiscation.
(2) Where any means of conveyance referred to in su b-section (1) is seized
in connection with the commission of any offence pu nishable under this Act, a
report of such seizure shall, without unreasonable delay, be made by the person
seizing it to the Competent Authority and whether o r not a prosecution is instituted
for commission of such offence, the Competent Autho rity, having jurisdiction over
the area where the said means of conveyance was sei zed, may, if satisfied that the
said means of conveyance was used for commission of offence under this Act,
order confiscation of the said means of conveyance:
Provided that before ordering confiscation of the said means of conveyance
a reasonable opportunity of being heard shall be af forded to the owner of the said
means of conveyance and if such owner satisfies the Competent Authority that he
had no reason to believe that such offence was bein g or likely to be committed and
1 6-A inserted in clause 6 of the Act, by The Bovine Animal (Prohibition of Slaughter and Regulation of Temporary
Migration or Export) (Amendment) Act, 2018, dated 05.12.2019.
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
he had exercised due care in the prevention of the commission of such an offence,
the Competent Authority may not confiscate the said means of conveyance:
Provided further that where such means of conveyance is owned by the
Central Government or any State Government or any of their undertaking, no order
of confiscation of such means of conveyance shall b e passed by the Competent
Authority and the matter shall be referred to the S tate Government by the
Competent Authority for making such orders regardin g means of conveyance as
the State Government may deem fit:
Provided also that before ordering con fiscation under this sub-section, the
owner of the means of conveyance referred to in sub -section (1), may be given an
option to pay, in lieu of confiscation, a fine not exceeding the market price of such
means of conveyance:
Provided also that an owner of a means of conveyance shall not be given
option under the preceding proviso, if he had been given option under that proviso
at an earlier occasion.
(3) Whenever any means of conveyance a s referred to in sub-section (1) is
seized in connection with commission of an offence under this Act, the Competent
Authority shall have, and notwithstanding anything contained in any law for the
time being in force, any Court, Tribunal or other a uthority shall not have,
jurisdiction to make order with regard to the posse ssion, delivery, disposal or
release of such means of conveyance.
(4) Where the Competent Authority is of th e opinion that it is expedient in
public interest or for the benefit of its owner tha t the means of conveyance, as
referred to in sub-section (1), seized for commissi on of offence under this Act be
sold by public auction, he may at any time direct it to be sold.
(5) Any order of confiscation made by the Competent Authority shall not
prevent the infliction of any punishment to which t he person affected thereby is
liable under this Act.”.
7. Custody and disposal of bovine animal seized.–
(1) Whenever as a result of search or seizure or as a result of
inspection or otherwise the bovine animals are seiz ed, the custody of the seized
bovine animals pending final disposal of the case m ay be entrusted by an order of
the Competent Authority to any recognized voluntary agency working for the
welfare of such animals or to a Gaushala or a Gosad an governed under the
provisions of the Rajasthan Gaushala Act, 1960 (Act 24 of 1960):
Provided that where there is no suc h voluntary agency or Gaushala or a
Gosadan in any local area, the Competent Authority may entrust the custody of
bovine animals to any such agency, Gaushala or Gosadan outside the area or to any
other suitable person, who volunteers to maintain such animal.
(2) Whenever any case is finally disposed of, further o rders regarding
custody or permanent entrustment of bovine animal s hall be made by the
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
Competent Authority subject to such terms and condi tions as may be deemed
proper.
(3) Any person aggrieved by an order made under sub-sec tion (1) or
sub-section (2) may, within thirty days from the da te of the said order, appeal
against it to the Divisional Commissioner.
(4) On such appeal the Divisional Commissioner may afte r giving an
opportunity to the appellant and the Competent Auth ority or any other officer
authorized by him in this behalf to be heard, direc t the order to be stayed pending
disposal of the appeal or may modify, after or annu al the order and make any
further orders that may be just.
(5) Whenever any bovine animal is seized under this Act the
Competent Authority or the Divisional Commissioner shall have, and
notwithstanding anything to the contrary contained in any other law for the time
being in force, any other court, Tribunal or other Authority shall not have
jurisdiction to make orders with regard to possessi on, delivery, disposal or release
of such animal.
8. Penalty.– (1) Whoever contravenes or attempts to contravene o r abets
the contravention of the provisions of section 3 sh all, on conviction, be punished
with a rigorous imprisonment for a term which shall not be less than one year but
may extend to ten years and with fine which may extend to ten thousand rupees.
(2) Whoever contravenes or attempts to contrave ne or abets the
contravention of the provisions of section 4 or sec tion 5 shall, on conviction, be
punished with rigorous imprisonment for a term whic h shall not be less than six
months but may extend to five years and with fine w hich may be extend to five
thousand rupees.
9. Punishment for causing hurt.– (1) Whoever causes bodily pain,
disease or infirmity to any bovine animal is said to cause hurt.
(2) Whoever intentionally causes hurt to a bovine animal shall, on
conviction, be punished with rigorous imprisonment for a term which may extend
to three years and with fine which may extend to three thousand rupees.
(3) Whoever abets the commission of an offence under sub-section
(2), shall be guilty of abetment of the said offenc e and shall be liable for the same
punishment as is provided for the said offence.
10. Punishment for intentionally injuring any bovin e animal.– (1)
Whoever intentionally causes grevious injuries to a bovine animal shall, on
conviction, be punished with rigorous imprisonment for a term which shall not be
less than one year but may extend to seven years an d with fine which may extend
to seven thousand rupees.
Explanation .– For the purpose of this section grevious injury shall include,–
(i) emasculation (in the case of bull),
(ii) permanent privation of sight of either eye,
(iii) permanent privation of the hearing of either ear,
(iv) privation of any member or joint,
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(v) fracture or dislocation of a bone or tooth,
(vi) any hurt that endangers life or which causes the su fferer severe bodily
pain and ultimately renders unfit or unserviceable.
(2) Whoever abets the commission of an of fence under sub-section (1)
shall be guilty of abetment of the said offence and shall be liable for the same
punishment as is provided for the said offence.
11. Burden of proof.– Where any person is prosecuted for an offence
under the provisions of this Act, the burden of pro of that he had not committed the
offence under the provisions of this Act shall be on him.
12. Power to enter and inspect places .– (1) For the purpose of this Act the
Competent Authority or any person authorised in wri ting in that behalf by the
Competent Authority (hereinafter in this section re ferred to as “the authorised
person”) shall have power to enter and inspect any place where the Competent
Authority or the authorised person has reason to be lieve that an offence under this
Act has been, or is likely to be committed.
(2) Every person in occupation of such pl ace shall allow the Competent
Authority or the authorised person such access to t hat place 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 the authorised person.
(3) For the purpose of enforcing the provisions of this Act, the Competent
Authority or the authorised person, in exercising t he powers of entry upon, and
inspection of, any place under this section, follow , as far as may be, the provisions
of section 100 of the Code, relating to search or i nspection of a place by a Police
Officer.
“ 112-A. Power of arrest and seizure.- The Competent Authority or any
person authorized in writing in that behalf by the Competent Authority may –
(i) arrest or cause to be arrested any person who in hi s presence
commits an offence punishable under this Act and, w ithout
unnecessary delay, shall make over or cause to be m ade over any
person so arrested to a police officer who shall pr oceed against such
person as per law;
(ii) seize or cause to be seized any means of conveyance being used in
commission of an offence publishable under this Act and, without
unnecessary delay, shall make or cause to be made a report of
seizure to the competent Authority.”.
1 12-A inserted in clause 12 of the Act, by The Bovine Animal (Prohibition of Slaughter and Regulation of Temporary
Migration or Export) (Amendment) Act, 2018 dated 05.12.2019.
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Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
13. Person exercising powers under this Act deemed to be public
servant.– 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, 1860 (45
of 1860).
14. Protection of persons acting in good faith.– No suit, prosecution or other
legal proceedings shall be instituted against any p erson for anything which in good
faith is done or intended to be done under this Act or rules made thereunder.
15. Power to make rules .– The State Government may, by notification in the
Official Gazette, make rules for the purpose of car rying out the provisions of this
Act.
16.Amendment of Rajasthan Act No. 4 of 1950.– As from the
commencement of this Act section 2 and section 3 of the Rajasthan Preservation of
Certain Animals Act, 1950 (Rajasthan Act No. 4 of 1 950), hereinafter referred as
aforesaid Act, shall stand deleted.
17. Savings.– The deletion of section 2 and section 3 of the afor esaid Act
shall not–
(i) affect any fine penalty or punishment imposed or suffered in respect of
any offence committed against the provisions of these sections of the aforesaid Act;
(ii) affect any investigation or legal proceed ings pending in respect of
incurring of any liability, imposing of any fine, penalty or punishment or any remedy
available on the date of commencement of this Act;
(iii) affect the previous operation of these sectio ns or anything duly done
or suffered thereunder;
and any such investigation, legal proceedings or re medy may be initiated, continued
or enforced and any such fine, penalty or punishmen t may be imposed as if these
sections have not been so deleted.
ts- ih- caly]
Secretary to the Government.
18
Government Central Press, Jaipur.