The Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PROHIBITION OF COW SLAUGHTER AND
ANIMAL PRESERVATION ACT, 1977.
(ACT NO. 11 OF 1977)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Declaration as to giving effect to certain directive
principles.
3. Definitions.
4. Appointment of competent authority.
5. Prohibition of slaughter of cow or calf of she -
buffaloe.
6. Prohibition against slaughter of animals without
certificate from competent authority.
7. Power of revision.
8. Slaughter to be in places specified.
9. Power to enter and inspect.
10. Penalties.
11. Offences under Act to be cognizable.
12. Abetments and attempts.
13. Persons exercising powers under the Act deemed
to be public servants.
14. Protection of persons acting in good faith.
15. Exemptions.
16. Delegation of powers.
17. Establishment of institutions for taking care of cows
or other animals.
2 [Act No. 11 of 1977]
18. Power to make rules.
19. Repeals.
THE TELANGANA PROHIBITION OF COW SLAUGHTER
AND ANIMAL PRESERVATION ACT, 1977.1
ACT No. 11 OF 1977.
1. (1) This Act may be called the 2Telangana Prohibition
of Cow Slaughter and Animal Preservation Act, 1977.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall be deemed to have come into force on the
19th December, 1976.
2. It is hereby declared that this Act is for giving effect to
the policy of the State towards securing the principles
specified in Article 48 of the Constitution of India.
3. In this Act unless the context otherwise requires,-
(i) ‘animal’ means bull, bullock, buffaloe, male or
female, or calf, whether male or female of a she-buffaloe;
(ii) ‘competent authority’ means a person or a body of
persons appointed under section 4 to perform the functions
of a competent authority under this Act;
(iii) ‘cow’ includes a heifer, or a calf, whether male or
female, of a cow;
1. The Andhra Pradesh Prohibition of Cow Slaughter and Animal
Preservation Act, 1977 received the assent of the President on the 30th
April, 1977. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, und er section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order, 2016 issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title and
commencement.
Declaration as to
giving effect to
certain directive
principles.
Definitions.
2 [Act No. 11 of 1977]
(iv) ‘Government’ means the State Government;
(v) ‘notification’ means a notification published in the
3Telangana Gazette and the word ‘ notified’ shall be
construed accordingly;
(vi) ‘prescribed’ means prescribed by rules made
under this Act.
4. The Government may, by notification, appoint a person
or a body of persons to perform the functions of a
competent author ity under this Act for such local area as
may be specified in such notification.
5. Notwithstanding anything in any other law for the time
being in force or any custom or usage to the contrary, no
person shall slaughter or cause to be slaughtered, or offer
or cause to be offered for slaughter or otherwise
intentionally, kill or offer or cause to be offered for killing,
any cow or calf, whether male or female, of a she-buffaloe.
6. (1) Notwithstanding anything in any other law for the
time being in force or any custom or usage to the contrary,
no person shall slaughter or cause to be slaughtered or
offer or cause to be offered for slaughter any animal other
than a calf, whether male or female, of a she -buffaloe,
unless he has obtained in respect of such animal a
certificate in writing from the competent author ity appointed
for the area that the animal is fit for slaughter.
(2) No certificate shall be granted under sub -section
(1), if in the opinion of the competent authority the animal is
or is likely to become economical for the purpose of,-
(a) breeding, or
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Appointment of
competent
authority.
Prohibition of
slaughter of cow
or calf of
she-buffaloe.
Prohibition
against slaughter
of animals without
certificate from
competent
authority.
[Act No.11 of 1977] 3
(b) draught or any kind of agricultural operations; or
(c) giving milk or bearing off-spring:
Provided that no certificate under sub -section (1) shall
be refused to be granted unless the reasons for such refusal
are recorded in writing.
(3) A certificate under this section shall be granted in
such form and on payment of such fee as may be
prescribed.
7. (1) The Government may, suo motu or shall, on an
application made in this behalf by the person aggrieved, for
the purpose of satisfying themselves as to the legality or
propriety of any order passed by a competent authority,
granting or refusing to grant any certificate under section 6,
call for and examine the record of the case and may pass
such order in reference thereto as they think fit.
(2) Subject to the provisions of sub -section (1 ) any
order passed by the competent authority granting or
refusing to grant a certificate under section 6, and any order
passed by the Government under sub -section (1 ) s hall be
final and shall not be called in question in any court.
8. No animal in respect of which a certificate has been
granted under section 6, shall be slaughtered in any place
other than a place specified by such authority or officer as
the Government may appoint in this behalf.
9. (1) For the purposes of this Act, the competent
authority or any person authorised in this b ehalf by the
competent authori ty (hereinafter referred to as the
authorised person), shall have power to enter and inspect
any premises where the competent authority or the
Power of revision.
Slaughter to be in
places specified.
Power to enter
and inspect.
4 [Act No. 11 of 1977]
authorised person has reason to believe that an offence
under this Act has been or is likely to be committed.
(2) Every person in occupation o f any such premises
shall allow the competent authority or the authorised person
such access to the premises as may be ne cessary 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 by the authorised person.
10. Whoever contravenes any of the provisions of this Act,
shall on con viction, be punished with imprisonment for a
term which may extend to six months or with fine which may
extend to one thousand rupees, or with both.
11. Notwithstanding anything in the Code of Criminal
Procedure, 1973, all offence s under this Act shall be
cognizable.
12. Whoever abets any offence punishable under this Act
or attempts to commit any such offence, shall be punished
with the punishment provided in this Act for such offence.
13. 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.
14. No suit, prosecution or other legal proceeding shall be
instituted against the competent author ity or any person
exercising powers under this Act, for anything which is in
good faith done or intended to be done under this Act or the
rules made thereunder.
Penalties.
Offences under
Act to be
cognizable.
Central Act 2 of 1974.
Abetments and
attempts.
Persons
exercising powers
under the Act
deemed to be
public servants.
Central Act 45 of 1860.
Protection of
persons acting in
good faith.
[Act No.11 of 1977] 5
15. Subject to such conditions as may be prescribed in this
behalf, the provisions of this Act shall not apply to,-
(a) any animal operated upon for vaccine, lymph,
serum or any experimental or research purpose at an
institution established, condu cted or recognised by the
Government; or
(b) any cow or animal-
(i) slaughter of which is certified by a Veterinary
Officer authorised by the Governmen t, to be necessary in
the interests of the public health;
(ii) which is suffering from any disease which is
certified by a Veterinary Officer authorised by the
Government as b eing contagious and dangerous to other
animals.
16. The Government may, by notification, delegate –
(i) to any local authority, their powers under section 4,
within the local area subject to the jurisdic tion of such local
authority;
(ii) to any officer of the Government, their powers under
sub-section (1) of section 7.
17. (1) The Government may establish, or direct any local
authority or society registered under the law relating to the
registration of societies for the time being in force in the
State, or any association or body of persons, to establish
institutions at such places as may be deemed necessary for
taking care of cows or other animals sent thereto.
(2) The Governmen t may provide by rules for the
proper management of such institutions for the care of cows
Exemptions.
Delegation of
powers.
Establishment of
institutions for
taking care of
cows or other
animals.
6 [Act No. 11 of 1977]
or other animals therein and also for the class or variety of
cows or other animals that may be admitted therein.
(3) The Governm ent, or subject to the previous
sanction of the Governmen t, the local authority, society or
body of persons or association establishing an institution
under sub -section (1), may levy such fees as may be
prescribed for the maintenance of such institutions.
18. (1) The Government may, by notification, after previous
publication, make rules for carrying out the purposes of this
Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for-
(a) the powers and duties of competent authority in
addition to those provided in this Act;
(b) the form of the certificate under section 6;
(c) the amount of fee to be paid under section 6;
(d) the conditions subject to which this Act shall not
apply to any animal under section 15;
(e) the management of institu tions established under
section 17 and the fee to be levied for their maintenance;
and
(f) any other matter which is to be or may be
prescribed.
(3) Every rule made u nder this section shall
immediately after it is made, be laid before each House of
the State Legislature if it is in session and if it is not in the
session in the session immediately following, for a tota l
Power to make
rules.
[Act No.11 of 1977] 7
period of fourte en days which may be comprised in one
session, or in two successive sessions, and if, before the
expiration of the session in which it is so laid or the session
immediately following, both Houses a gree in making any
modification in the ruIe or in the annulment of the rule, the
rule shal l, from the date on which the modification or
annulment is notified, have effect only in such modified form
or shall, stand annulled, as the case may be ; so however
that any such modification or annulment shall be without
prejudice to the validity of anyth ing previously done, under
that rule.
19. The Andhra Pradesh (Telangana Area) (Slaughter of
Animals) Act, 1950, and the Andhra Pradesh Prohibition of
Cow Slaughter and Animal Preservation Ordinance, 1976,
are hereby repealed.
* * *
Repeals.
Act VII of 1950.
Ordinance 23 of 1976.
Lex