LexThe Uttarakhand Protection of Cow Progeny Act
Uttarakhand · state statute
Open in Lexace · Ask the AI about this actTHE UTTARAKHAND PROTECTION OF COW PROGENY ACT, 2007
[UTTARAKHAND ACT NO. 06 OF 2007]
AN
ACT
to protection of cow and its progeny in Uttarakhand.
It is hereby enacted in the 58th year of the Republic of India as follows:--
Short Title,
Commencement
and Extent
1. (1) This Act may be called the Uttarakhand Protection of Cow Progeny Act, 2007.
(2) It shall come into force at once.
(3) It shall extend to the whole of State of Uttarakhand.
Definitions
2. In this Act, unless there is anything repugnant in the subject or context--
(a) “Beef” means flesh of cow progeny;
(b) "Cow Progeny" means a cow, bull, bullock, heifer or calf;
(c) "Prescribed" means rules prescribed under this Act;
(d) "Slaughter" means killing by any method, whatsoever, including causing
such physical blow and incapacitating or poisoning, which would normally
cause death;
(e) "Competent Authority" means such person, appointed in this behalf by the
State Government to exercise the powers and perform the functions under
this Act and rules made thereunder;
(f) "State Government" means the State Government of Uttarakhand;
(g) "Uneconomic Cow" means and includes stray, infirm, disabled, diseased or
barren cow;
(h) "Free /Vagrant wandering" means wandering in urban area; and
(i) "Urban area" means area under Nagar Nigam/Nagar Palika Parishad.
Prohibition of
Cow slaughter
3. (1) Notwithstanding anything contained in any other law for the time being in
force, convention or custom to the contrary, no person shall slaughter or
cause to be slaughtered or offer or cause to be' offered for slaughter--
(a) a cow, or
(b) a cow progeny.
Section 3 not to
apply to
diseased or
injured cow
progeny
4. (1) Nothing in section 3 shall apply to cow progeny, suffering from such
conditions, notified as such by the State Government which are--
(a) incurable and accompanied by intolerable pain, or
(b) contagious/infectious disease and have become cause of danger to
livestock as well as to human being :
Provided that in regard to clause (a) and (b ), above, a certificate shall
be given by the local Veterinary Officer in charge to the effect that the animal
is indeed suffering from such an incurable and extremely painful or
contagious/ infectious disease.
(2) The method of disposal of carcass of an animal, covered by sub -section (1),
shall be in such manner as may be prescribed by the State Government.
Prohibition on
sale or keeping
in possession of
beef
5. Notwithstanding anything contained in any other law for the time being in
force, no person shall keep in possession or cause to keep in possession or sell
or transport or offer for sale or transport or cause to be sold or transported,
beef or beef products in any form.
Regulation of
transport of
Cow Progeny
6. (1) No person shall transport of offer for transport or cause to be transported any
such cow progeny, the slaughter whereof is punishable under this Act, from
any place within the State to any place outside the State except under a
permit, issued by an officer authorized and notified by the State Government
in this behalf and in accordance with the terms and conditions of such permit.
(2) Competent Authority shall issue the permit on payment of a fee of rupees 500
for every cow progeny under sub -section (1) after satisfying himself of the
compliance of the provision of sub-section (3).
(3) Permission may be granted only for rearing, protection and promotion of cow
progeny under sub-section (1).
(4) The form of permit and application thereof and the procedure for disposal of
such application shall be such as may be prescribed by the State Government.
(5) The State Government or any Competent Authority authorized by it, for the
purpose of satisfying itself, as to the legality or propriety of the action taken
under this section, may call for and examin e the record of any case and pass
such order thereon as he may deem fit.
Prohibition of
Free wandering
7. No person--
(a) shall leave vagrant any cow progeny.
(b) shall free for wandering a cow after milching her.
Registration of
Cow progeny in
Urban areas
8. {It shall be mandatory to obtain a registration certificate from Veterinary
Officer appointed at Government veterinary hospital of the area for rearing of
every cow progeny in the urban area. Technique & procedure to establish
identity such cow progeny shall be prescribed by State Government.}1
Establishment
of Institutions
9. The State Government or NGO, s may establish institutions as may be
necessary for taking care of uneconomic cow progeny:
Provided that NGO, s shall give infor mation prior to establishing such
institution in the form prescribed to the Chief Veterinary Officer of the
District.
Levy of
Charges and
Fees
10. The State Government or the NGO may levy such Charges or fees as may be
prescribed by the State Governmen t or NGO with the prior permission for
keeping uneconomic cows in the institution.
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1- Substituted by section 2 of Uttrakhand Act no 15 of 2015.
Penalty
11. (1) Whoever contravenes or attempts to contravene or abets th e contravention
the provisions of section 3 or section 5, shall be guilty of an offence
punishable with rigorous imprisonment for a term which may be extended
up to 10 years but not less than three years and with fine which may be
extended up to 10,000 rupees but not less than 5,000 rupees.
(2) Whoever contravenes the provisions of sub -section (1) of section 6, shall be
guilty of an offence under this Act punishable with any type of
imprisonment for a term which may extend up to 3 years and with fine of
rupees 2,00 per cow fine which may extend up to rupees 2.500 per cow
progeny.
(3) {Whoever contravenes or attempts to contravene t he provisions of section 7
and 8 , shall be guilty of an offence punishable with rupees 2 ,000(Rs. two
thousand).}1
11A. { Whoever contravenes or attempts to contravene the provisions of section 7 or
section 8, shall be guilty. In this case compounding of the offense may be
imposed by Kukhya Nagar Adhikari or Executive Officer or any police officer
of the local police station who is not below the rank of Sub Inspector. For such
an offense, penalty equivalent to half of the maximum fine provision shall be
imposed;
Limitation is that, once the offense gets under the trial in the court, no
compounding shall be permissible.}2
Offences to be
cognizable and
non-bailable
12. Notwithstanding anything contained in the Criminal Procedure Code, 1973, the
offences under sub -section (1) and (2) of section 11, shall be cognizable and
non-bailable.
Power to make
rules
13. (1) The State Government may make rules for the purpose of carrying into
effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the provisions of sub
section (1), such rules may provide for all or any of the following matters;
namely:--
(a) The method of disposal of the carcass of animal under sub -section (2)
of section 4,
(b) Form of permit and the procedure for disposal of the applications
under sub-section (4) of section 6,
(c) The functions and powers of Competent Authority under section 8 and
the procedure to be followed by him/her,
(d) The matters relating to the establishment, maintenance, management,
supervision and control of institutions, referred to in section 9, and
(e) The other matters, which may be prescribed.
Repeal and
Savings
14. (1) The U.P. Prevention of Cow Slaughter Act, 1955 (as adapted and modified
in the Uttarakhand) (Act No.1 of 1956) is hereby repealed in the context
of the State of Uttarakhand.
(2) Notwithstanding such repeal, a suit or action which is pending and ongoing
under the repealed Act shall continue after the repealed Act as if this Act had
not been passed.
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1- Substituted by section 3 of Uttrakhand Act no 15 of 2015.
2- Insertion by section 4 of Uttrakhand Act no 15 of 2015.