The Sikkim Prevention of Cow Slaughter Act, 2017

t_
GOVHRNMTNT
SII{KIM
EXTRAORDINANY
PUBLISHED BY AUTHOFIITY
GAZETTH
No- 457Gangtok Thursday 21ut $ePtember, 2017
GOVENNMTNT OF SIKKIM
LAW DEPAHTMENT
GANGTOK
No. 17lLD/17 Dated: 21.09.?017
i
NOTIFICATION
The following ;{ct passod by the $ikkim Legislative Asser.nbly and having received
assent of the Govirnor on glh rlay of September,7QlT is hereby pubiished for general
information :-
, THE SIKKIM PREVEIITIOI'I OT COW SI.AUGFITER AST, 2017
{ACT r'10. 17 QV 20171
AN
ACT
to prohibit and prevent the slaughter of cow and
of $ikkim.
Legislature oi sikkim in ihe sixty-eighth Year of the Fepublic oiBE it enaeted bY the
lndia as follaws :-
$hart title, 1
extent and
commencernenl
Definition 2
{1)
{2\
(rl
ln this
{a)
its female prCIgeny in the $tate
This Act rnay be cailed the Sikkirn Prevention of
Cow $laughter Act, 2017.
It extends to the whole of Sikkim.
It shall come into force at onee^
Act, u:nless the context olherwise:-
"sompetent authority" rneans the person or persons
appointed in this behalf by the Governn':ent hy notification
to exercise the pow€rs and perform the functions oi a
compCItsnt authority under this Act r:r ihe rules made
thereunder for such area or arsa$ al"td for such period as
may be speclfied in the notification;
(b) "cow" includes milking cow, dry cow, heifer, call;
/ht\l'&'''
Prohibition of
cow slaughter
Appointment
and functions
ol Gornpetent
Anthority
{c} "Governmsnt" rneans the $tate Governrnent of Sikkim;
{d) "prescribec}" rnoans prescribed by rules rnade under ilris
A,ct;
(e) "slaughtel' means killing of an animal;
{t) "unproductive cow" includes a cow which is permanenily
cjisabled, diseased, old aged cow, a cow which is
permanentiy anos$trus,
Notwithstanding anything contained in any other law far the tirne
being in force or any usage or custom tc the contrary and excepi
as hereinafter provided, no person shail, at any place within the
$tate of sikkim slaughter or cause to be slaughtered, or of{er or
cause to be offered for slaughter, a cow.
(1) The $tate Governnrent may, by notificaticn in the Official
Gazette, appoint a person or a bcdy o{ persons to perform
the functions of a Competent Autharity under this Act for
suqh local area as may be specified in the notification.
(?) Notwithstanding anything contalned in any other law for the
lime being in force or any usage to the contrary, no person
silall staughter or eause to be slaughter*,rJ a cow unles$,
he obtains in reopect oi such cow a certificate in writing
from the eompetent Authority appointed {or that area,
where the cow is to be slaughtered,
(3) The State Gcvernment rnay, at any time far the purpose cf
satisfying itsell as to the legality or propriety of any order
passed by a Cornpetent Authority granting or refusing to
grant any certiiicate under this' section, call ior ancJ
examine the reeords of the ease and rnay pass suclr ord*r
iR refersnce thereto as it thinks fit.
(4) A cerlifieate under this section shall he granted in such
forrn and on payrnent ol such fees as may be prescribed.
(5) Any order passed by the Conrpetent Authority granting or
re{using to grant a cerlificate, and any order passed by the
state Governrnont uneier sub- section {3) shall be iirral and
shall not be calied in question in any Cour"t.
(s) No anirnal in respect o{ which a certificate has been issued
under this section shall be slaughtered in any place other
than a place specifieci by such authority lr officer as the
Governmenl may appoint in this behaif.
For the purpose of this Aet, the Cornpetent Authority or any
per$on aulhorized in this b*half by the Ccmpetent Authority
{h*reinafter referred tc as the authorized person) shaD have
powar to enter and inspect any Bremises where the
Comprtent Authority or t:he authorized person has reason$
to believe {hat an oftenre under this Act has been or is
likely to be eomnrilled,
-2-
t7)
Section 3 not
to apply to
diseased cows
Establishment
of institution/
Protective Shed/
$helter Hsuse
Offenees and
Penalties
{8) *"very per$on rn occupation af any such premises shafiallow the compeient Authority or ihe authorized person
such access to the premises ac n"lay be necessary for the
aforesaid purpose and shall anslv*r to the best ol hisknowredge.and berief any question put to hirn by theCompetent Authority or by the authorized person.
(1) Nothing in section i shalr appry to the sraughter of a cow:-
(a) which is sr:ffering from any contagious or infecrious
disease nolified as such by the Government; or
{b) where a cow is slaughtered for the reasons staled in
ciause (a) , the person who slaughters or causes to
be slaughiered such cow, shali first obtain a
certificate from the compelent Authority under sub-
section (Z) ot seetion 4 of this Act.
t2) suoh cow shail be slaughtered in such mainer and at such
place as mqy be preseribed by rules,
{3) The earcass of such cow shal be buried or disposed of in
such manner as may be prescribed by ruies.
There shall be protective shed/ shelter house etc established,
maintained, managed, supervised and conlrolled by the Governrnentr
or by any Local Authority, wherever so directed by the Government
as may be necessary fOr taking care of unproductive cows in such
manner as may be pre*cribed by rules.
(1) The offence under this Act chari be cognizabre and
non- bailab e,
(2) Any person who contravenes th6 provision oi seclion ishall be guilty of committing of an offence punishable with
an imprisonment lar a lerm which shall not be less than Z
(two) years but may extend to S (five) years and with fine
which shall not be tess than Rs. 10,0CI0/-(Hupees ten
thousand) only.
(3) Any person comrnitting the same offence {or the second
time or subsoquenr time shail be punished with a rigorous
irnprisonment for a lerm whieh shall not be less than S
{five) years but may extend to 7 seyen years and wilh fine
which shall not be less ihan Hs. 1,00,000/- (Rupees one
lakh) only.
(4) Any person who abets and attempt to contravene the
provisions of section 3 shall be punished with an
irnprisonment for a term oi Z{two) years or with fine of fis.
10,000/- (Eupees ten thousand) onty ar
{5) Any person who fails to obiain a certificate in accordance
with the provisions oi sub- section (A) of section 4 shall be
guilty oi cornmitting an oftence and shall be liable to be
punished with a simple, imprisonment for a terrn of 1 (one )
-3-
Power to remove
ditficulties
Power to make
rules
Provision to be
in additian to
existing law
10
ysar or with a fin* whieh shalr nct be ress than fis. 1000/-
{Bupees une thousand) rnly or with both.
{6) wh*rs, in a trial {or an olfence punishabre under sub-secticn (2) or sub- seclion (3), ihe accu$ed preads that theslaughlered cow beronged ro the class speeified in crause(a) of sub- section (r) of seetion $, the burden of proving
th* said fact shall be on the accused"
t7) Notwithstanding anything contained in the code of crirninai
Procedure 1973;
An oflieer / public $€rvant not berow the rank of a veterinary
officer sharl lodge a first information repoft with regard to thecommission of sueh oflences as specifiad under the Act;such rffences shail be triecj in the competent court of Lawhaving territorial .iurisdiction in the State of Sikkim.
{s) Any person who has witnesserj or seen rhe occurreR'e orcame to his knowredge abaul the cornmission of offence incontlavention of the provision of section 3, may maka acomplaintl first information report to the nearest police
Station having territoriai jurisdiction.
ll any di{ficulty anses in giving effecl lo any of the provision of thisAct, lhe state Government may, by order, remo,/a such crifficurty:
Provided that no such order shalr be made after the expiration ofa period of two years from the date of commencement of this Act.
{1) The state Governrnent may make rures for the purpose cfcarrying into elfect the provisicns of lhis Aet.
(2) Without pre.judice to the generarity of the foregoing pgwars,
such rules may provid * tsr>
(a) the condilions and the circumstances under which
cows are to be slaughtered under section S;
{b} the manner in which rjiseases shar} be notified underclause (a) of sub-section (i) ot section 5;
{c) the matters rerating to the estabrishrnent,
maintenance, r'ranagenrent supervision and contror ofinstitutions referred to in section 6;
{d) the ci.uties of any officer or aulhority havirrgjurisdietion under this Act, the proredure to belollowed by sueh olficer or authority; and
{e) any other matler which is to be or rnay b* prescribed.
The provisions of this Ac1 shar be in addition to and nst inderogati*n oi arry other raw ior the time being in force in sikkim.
Jagat B. fiai {SSJ$)
LFl-curn-$e crelary,
taw trepartn:ent-
:.c*' :
i {'i'V/\j.-"'

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