The rajasthan camel (prohibition of slaughter & regulation of temporary migration or export) act, 2015
Rajasthan · state statute
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The Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary Migration or Export)
Act, 2015. 10
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, March 16, 2016
No. F. 2 (29) Vidhi/2/2014.- In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Gover nor is pleased to
authorise the publication in the Rajasthan Gazette of the following
translation in the English language of Rajasthan Oo nt (Vadh ka
Pratishedh aur asthayee Pravrajan ya Niryaat ka Vin iyaman)
Adhiniyam, 2015 (2016 ka Adhiniyam Shankhyank 2) :-
(Authorised English Translation)
THE RAJASTHAN CAMEL (PROHIBITION OF
SLAUGHTER AND REGULATION OF TEMPORARY
MIGRATION OR EXPORT) ACT, 2015
(Act No. 2 of 2016)
[Received the assent of the President on the 25 th day of February, 2016]
An
Act
to provide for prohibition of slaughter of camel an d also to regulate
temporary migration or export thereof from Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Sixty-
sixth Year of the Republic of India, as follows:-
1. Short title, extent and commencement.- (1) This Act may
be called the Rajasthan Camel (Prohibition of Slaug hter and
Regulation of Temporary Migration or Export) Act, 2015.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
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2. Definitions.- In this Act, unless the context otherwise
requires,-
(a) “camel meat” means flesh of camel;
(b) “camel” means an animal of camelus genus;
(c) “Code” means the Code of Criminal Procedure, 1973
(Central Act No. 2 of 1974);
(d) “Competent Authority” means Collector of a District and
includes any other officer who may be authorized in this
behalf by the State Government by notification in t he
Official Gazette to exercise the powers and perform the
functions of the Competent Authority under this Act or the
rules made thereunder for such area or areas and fo r such
period as may he specified in the notification;
(e) “Divisional Commissioner” means a Commissioner
appointed by the State Government under section 17 of
Rajasthan Land Revenue Act, 1956 (Act no. 15 of 1956);
(f) “export” means to take out of the State of Rajastha n to any
other place out of the State of Rajasthan;
(g) “famine and scarcity affected area” shall mean an a rea
affected by famine or scarcity in respect of which a
declaration has been made by the State Government u nder
an appropriate law by a notification in the Official Gazette;
(h) “slaughter” means intentional killing by any method and
for any purpose whatsoever;
(i) “transporter” means and includes,-
(i) in the case of a goods carriage as defined in the
Motor
Vehicles Act, 1988 (Central Act No. 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;
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(iii) the person for the time being incharge of
booking of goods or livestock;
(iv) the Managing Director, Executive Director,
General Manager or Chief Executive or any other
person incharge of business, as the case may be,
(where the owner is 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;
(ii) in the case of Railway Goods Train,-
(i) the person for the time being incharge of
booking of goods and livestock at a Railway
Station; and/or
(ii) the person who prepares Railway
Receipts at a Railway Station;
(iii) the consignee to whom the livestock is to be
delivered; and
(iv) in any other case, the person carrying or
accompanying the livestock.
3. Prohibition of slaughter of camel.- Notwithstanding
anything contained in any law for the time being in force or in any
usage or custom to the contrary, no person shall sl aughter or cause to
be slaughtered or offer or cause to be offered for slaughter any camel.
4. Prohibition of possession, sale or transport of camel meat
and camel meat products.- Notwithstanding anything contained in
any other law for the time being in force, no perso n shall possess, sale
or transport for sale or cause to be sold or transp orted camel meat or
camel meat products in any form.
5. Prohibition of export of camel for the purpose of
slaughter and regulation of temporary migration or export for
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other purposes.- (1) No person shall export and cause to be
exported any camel himself or through his agent, se rvant or other
person acting in his behalf from any place within t he State to any
place outside the State for the purposes of slaught er or with the
knowledge that it may be or is likely to be slaughtered.
(2) Notwithstanding anything contained in sub-sect ion (1)
temporary migration of camel from the famine and sc arcity 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 scarcity affected area
and desiring migration of any camel shall apply to the Competent
Authority having jurisdiction over such area statin g the circumstances
necessitating the proposed migration together with the number of
camel and name of the State or States to which migr ation is proposed
and the period for which the permit is required.
(4) The Competent Authority after satisfying itsel f 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 m anner which
among other things may provide for affixing of iden tification mark
before such temporary migration of camel is allowed out of the State
and in no case the period of said migration shall e xtend beyond the
month of August next following the date of grant of the permit.
(5) On return from temporary migration the applica nt referred to
in sub-section (3), shall inform the Competent Auth ority in writing
about the number of camel brought back by him toget her with the
explanation for variation, if any.
(6) If any person does not bring back such camel i nto the State
and also within the period specified in the permit he shall be deemed
to have contravened the provisions of sub-section (1).
(7) The Competent Authority may issue special perm it in the
prescribed manner for export of camel from Rajastha n for agricultural
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or dairy farming purposes or for participation in a n animal fair, and
before granting such permission for the Competent A uthority shall
also ensure that such export in no way reduces the number of such
camel below the level of actual requirement of the local area.
(8) Any applicant referred to in sub-section (3) o r any person
seeking special permit under sub-section (7), aggri eved 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 Commission er and the
Divisional Commissioner may upon such application o r suo motu call
for and examine the record of the case for the purp ose 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 call ed in question in any
civil court.
6. Transporter to be abettor.- Whenever the camels are
transported by any means of transport in furtheranc e of the object of
commission of any offence under this Act, the trans porter 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 Ac t for person
committing the said offence.
7. Custody and disposal of camel seized. - (1) Whenever as a
result of search or seizure or as a result of inspe ction or otherwise the
camels are seized, the custody of the seized camels pending final
disposal of the case may be entrusted by an order o f the Competent
Authority to any recognized voluntary agency workin g for the welfare
of such animals:
Provided that where there is no such voluntary agen cy in any local
area, the Competent Authority may entrust the custo dy of camels to
any such agency outside the area or to any other su itable person, who
volunteers to maintain such animals.
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(2) Whenever any case is finally disposed of, furt her orders
regarding custody or permanent entrustment of camel shall be made
by the Competent Authority subject to such terms an d conditions as
may be deemed proper.
(3) Any person aggrieved by an order made under su b-section
(1) or sub-section (2) may, within thirty days from the date of the said
order, appeal against it to the Divisional Commissioner.
(4) On such appeal the Divisional Commissioner may after
giving an opportunity to the appellant and the comp etent Authority or
any other officer authorized by him in his behalf t o be heard, direct
the order to be stayed pending disposal of the appe al or may modify,
alter or annul the order and make any further orders that may be just.
(5) Whenever any camel is seized under this Act th e 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, Tribu nal or other
Authority shall not have jurisdiction to make order s with regard to
possession, delivery, disposal or release of such animal.
8. Penalty.- (1) Whoever contravenes or attempts to contravene
or abets the contravention of the provisions of sec tion 3 shall, on
conviction, be punished with a rigorous imprisonmen t for a term
which shall not be less than one year but may exten d to five years and
with fine which may extend to twenty thousand rupees.
(2) Whoever contravenes or attempts to contravene or abets the
contravention of the provisions of section 4 or sec tion 5 shall, on
conviction, be punished with the rigorous imprisonm ent for a term
which shall not be less than six months but may ext end to three years
and with fine which may extend to five thousand rupees.
9. Punishment for causing hurt.- (1) Whoever causes bodily
pain, disease or infirmity to any camel is said to cause hurt.
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(2) Whoever intentionally causes hurt to a camel s hall, on
conviction, be punished with rigorous imprisonment for a term which
may extend to two years and with fine which may ext end to three
thousand rupees.
(3) Whoever abets the commission of an offence und er sub-
section (2), shall be guilty of abetment of the sai d offence and shall be
liable for the same punishment as is provided for the said offence.
10. Punishment for intentionally injuring any came l.- (1)
Whoever intentionally causes grievous injuries to a camel shall, on
conviction, be punished with rigorous imprisonment for a term which
shall not be less than one year but may extend to t hree years and with
fine which may extend to seven thousand rupees.
Explanation. - For the purpose of this section grievous injury
shall include,-
(i) emasculation (in the case of male camel),
(ii) permanent privation of sight of either eye,
(iii) permanent privation of the hearing of either
ear,
(iv) privation of any member or joint,
(v) fracture or dislocation of a bone or tooth,
(vi) any hurt that endangers life or which causes
the sufferer severe bodily pain and ultimately
renders unfit or unserviceable.
(2) Whoever abets the commission of an offence und er 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 burde n of proof 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 auth orized in writing
in that behalf by the Competent Authority (hereinaf ter in this section
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referred to as “the authorized person”) shall have power to enter and
inspect any place where the Competent Authority or the authorized
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 such place shall allow the
Competent Authority or the authorized person such a ccess to that
place as may be necessary for the aforesaid purpose and shall answer
to the best of his knowledge and belief any questio n put to him by the
Competent Authority or the authorized person.
(3) For the purpose of enforcing the provisions of this Act, the
Competent Authority or the authorized person, in ex ercising the
powers of entry upon, and inspection of, any place under this section,
follow, as far as may be, the provisions of section 100 of Code,
relating to the search or inspection of a place by a Police Officer.
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 (Central Act No. 45 of 1860).
14. Protection of persons acting in good faith. - No suit,
prosecution or other legal proceedings shall be ins tituted against any
person 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. - (1) The State Government may, by
notification in the Official Gazette, make rules ge nerally for carrying
out the purposes of this Act.
(2)All rules made under this section shall be laid, as soon as
may be, after they are so made, before the House of the State
Legislature, while it is in session, for a period o f not less than
fourteen days which may be comprised in one session or in two
successive sessions and, if before the expiry of th e session in
which they are so laid or of the session immediatel y following,
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the House of the State Legislature makes any modifi cation in
any of such rules or resolves that any such rules s hould not be
made, such rules shall thereafter have effect only in such
modified form or be of no effect, as the case may b e, so
however, that any such modification or annulment sh all be
without prejudice to the validity of anything previ ously done
thereunder.
czts’k dqekj Mkaxjk]
Principal Secretary to the Government.
16
Government Central Press, Jaipur.
Lex