The West Bengal Cattle Licensing Act, 1959

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GOVERNMENT OF WEST BENGAL
Law Department
Legislative
West Bengal Act I of 1959
THE WEST BENGAL CATTLE LICENSING ACT, 1959.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extra-ordinary, of the 20th March, 1959.3
[20th March, 1959.]
An Act to regulate the keeping of cattle 'in urban areas.
WHEREAS it is expedient in the interest of public
health and sanitation to regulate the keeping of cattle in
urban areas and for that purpose to provide for the licensing of cattle;
It. is hereby enacted in the Tenth Year of the Republic
of India, by the Legislature of West Bengal, as follows : —
1. (1) This Act may be called the West Bengal Cattle Licensing Act, 1959. Short title and Coal (2) It shall come into force in such urban areas and mm.ance- ent. with effect from such dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different urban areas.
2. In this Act, unless there is anythinc , repugnant in De mi. - the subject or context,— tions.
(a) "Appellate Authority" means an Appellate
Authority appointed by notification for any
urban area or part thereof in which this Act has come into force;
(b) "cattle" means any animal of the bovine species and includes buffaloes;
(c) "family" means a set of parents, children, servants
and other relations living together in the same mess ;
(d) "householder" means a person who occupies any
premises as his own dwelling;
*Price—Indian, 12 nP.; English, 3d
2 The 1Vest Bengal Cattle Licensing Act, 1959.
[West Ben. Act
(,ections 3-5.)
(e) "license" means a license
(/) "Licensing Authority"
Authority appointed by
area or part thereof in
into force;
issued under this Act ;
means a Licensing
notification for any urban
which this Act has come
(g) "notification" means a notification published by the
State Government in the Official Gazette;
(h) "prescribed" means preScribed by rules made by
the State Government under this Act;
(i) "urban area" means—
(i)
Cattle not
to be kept
in certain
areas
without
license.
Two
classes of
licenser.
the area within Calcutta as defined in the
Calcutta Municipal Act, 1951, or any part or
parts of such area, or
(ii) the area within any municipality as defined in
the Bengal Municipal Act, 1932, or within
Chandernagore as defined in the Chandernagore
Municipal Act, 1955, or any part or parts of such area, or
(iii) any area which the State Government in view
of its development and growing population
declares to be an urban area.
3. After the expiry of a period of six months from the
date on which this Act comes into force in any urban area
no person shall keep any cattle in such area except under a valid license.
4. (1) There shall 1-- two classes of licenses, namely —
(a) a license granter a householder in respect of
cattle kept in his own premises primarily for,_
the consumption of the milk by himself or by
members of his family and for the sale of surplus,
if any, not exceeding five seers on any one day;
(6) a license granted to any person in respect of cattle
kept in any _premises or place for any purpose
save as mentioned in clause (a) above.
(2) Licenses referred to in clauses (a) and (b) of sub-section (1) shall be called respectively Class A and Class B
licenses.
West
Ben.
Act
XXXIII
of 1951.
Ben.
Act XV
of 1932.
West Ben.
Act
xvuz of 1955.
Issue of
license. 5. (1) Any person intending to have a Class A or a
Class B license shall apply to the Licensing Authority in
the prescribed manner and the lieensinz authority may
thereafter grant a license under this IA or may, after
recording reasons therefor, refuse the -application for a
license.
The West Bengal Cattle Licensing Act, 1959.
I of 1959.]
(Sections 6-9.)
(2, Every license shall be valid for such period as may
be prescribed and may be renewed on application in the
prescribed manner to the Licensing Authority.
(3) Every license shall mention the address of the premises
or place where the cattle are to be kept and the maximum
number and the description of cattle which may be kept
under the license ; such address, number or description may
be varied on application made in the prescribed manner to
the Licensing Authority.
(4) The nature and type of shed to be provided for
keeping cattle under a license shall be such as may be
est prescribed and no license shall be granted unless the
n. Licensing Authority is satisfied that a shed as prescribed has
been provided. ILI
1951. (5) Every license shall be subject to such conditions as may
n, be prescribed and the conditions shall be stated in the
t xv license. 1932.
t Ben. 6. Where the Licensing Authority has reason to believe
that a person to whom a license has been granted has
1955. violated or failed to comply with the conditions for the
license or any provisions of this Act or the rules made
thereunder, he may, after affording in the prescribed
manner an opportunity to the licensee to show cause,
cancel the license or refuse to renew it.
7. (1) Any person aggrieved by an order of a Licensing
Authority, refusing his application for license, or cancelling
his license or refusing to renew his license or by an order
relating to any change of address or description or variation
in number under sub-section 0) of section 5 may, within
30 days of the date of service of such order, prefer an
appeal against such order to the Appellate Authority in the
prescribed manner.
(2) The Appellate Authority shall deal with the appeal
in the prescribed manner and shall pass such order as it
- deems fit.
Cancella-
tion of
license in
certain
cases.
Appeal.
8. No order made by, and no proceedings before , a Orders and
p Licensing Authority or an Appellate Authority shall b e roceed-
called in question in any Civil or Criminal Court. ings of
Licensing
and Appel-
late Autho-
rities not
to be
questioned.
9. (1) Notwithstanding anything contained in the Prohibited
foregoing sections, the State Government may, at any time arm '
after the date on which this Act has come into force in
4 The West Bengal Cattle Licensing Act, 1959.
rilost Ben. Act
(Sections 10-12.)
any area, declare, by notification, such area or any part
thereof as a prohibited area if it thinks fit so to do in the public interest.
(2) No Class B license shall be issued in respect of any
premises or place within a prohibited area and any such
license already issued or in force in respect of any premises
or place in such area shall stand cancelled on the expiry of
six months from the date of the issue of the notification under sub-section (1) or of the remaining period of license whichever is earlier.
Power to
enter or
inspect
premises
or place.
Seizure.
Penalties.
10. The Licensing Authority or any officer of the State
Government authorized by him by an order in writing in this
behalf or any police officer of and above the rank of a
Sub-Inspector shall have power to enter or inspect at any
time between sunrise and sunset, any premises or placei
situate in any area in which this Act has come into force,—
in order to view any cattle or the arrangements
for keeping cattle, in respect of which an applica-
tion for a license has been made or a license
has been issued; or
(ii) in order to ascertain if any cattle are being kept
in violation of the conditions of a license or the
provisions of this Act or the rules made there-
under, if he has reason to believe that cattle are
being so kept.
11. (1) Where a police officer, of or above me rank of a Sub-Inspector, has reason to believe that an offence under
this Act has been committed in respect of any cattle, he may
seize such cattle.
(2) On such seizure the police officer shall arrange for
the custody and the maintenance of the cattle in the
prescribed manner and forthwith submit a report of the
seizure and a complaint in writing against the person who
appears to have committed the offence to a Magistrate having
jurisdiction over the area.
(3) Upon receipt of such report and after such inquiries,
if any, that the Magistrate thinks fit, the Magistrate shall
either order the cattle to be released or pass such orders as
he thinks fit for the interim custody and maintenance of the
/male, until the complaint is disposed of.
12. (1) Any person, who—
(i) contravenes the provisions of section 3, or
(ii) being the holder of Class A license sells milk in
excess of five seers on any one day, or
(1,)
ct
fi
The West Bengal Cattle Linens?ng Act, 1959.
I of 1959.1
(Sections 13,14.)
(iii) keeps cattle in any premises or place differen1
from that mentioned in the -license, or
(iv) keeps cattle in excess of the maximum number or
different in description from that stated in the
license, or
(v) violates or fails to observe the conditions referred
to in sub-section (5) of section 5,
shall be punishable with imprisonment for a term which
may extend to six months or with fine not exceeding one
thousand rupees or with both.
(2) Every offence under this Act' shall be cognizable and bailable.
(3) Where a person is convicted of any offence under this section the Court may direct that the cattle in respect of which the ofrence is committed shall be forfeited to Government.
(4) The Court may also in any case where cattle have been seized under section 11, direct that the owner thereof shall pay the cost of seizure and of transport of the
cattle, and the expenses for their custody and maintenance
and the sum directed to be so paid shall be realised as if it were fine.
13. (1) The State Government may 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 all or any of the following matters, nainely
(a) the form of applications for licenses, for renewal
of licenses or variations of the address, number and description in the licenses;
(b) the fees to be paid for the grant of licenses, the
renewal of licenses or variations of the address, number and description in the licenses;
(c) the forms of licenses ;
(d) the procedure to be followed by the Licensing Authority;
(e) any matter which may be or is required to be
prescribed under this Act.
Rules.
14. The State G,,vernment may, by written order,
exempt any institution, authority or person from the
operation of this Act on such conditions as it may think
fit, in respect of the keeping of such number and description
of cattle as may be specified, for a scientific, educational.
or public purpose, if in its opinion, it is necessary so to di in the public interest
Po wer tc exempt.
The West Bengal Cattle Licen8ing Act, 1959.
[West Ben. Act I of 1959.]
(Sections 15, 16.)
15. No suit or proceeding shall lie against the State
Government and no suit, proceeding or prosecution shall
lie against any officer of the State Government for anything
in good faith done or intended to be done in pursuance of
this Act or any rules or orders made thereunder.
16. (1) The provisions of - this Act shall have effect
notwithstanding anything to the contrary in any other Act.
(2) Subject to the provisions of sub-section (1), the ptovi-sions of this Act shall be in addition to, and not in derogation
of, the provisions of the Calcutta Municipal Act, 1951, the
Bengal Municipal Act. 1.942, and the Chandernahore
Municipal Act, 1955.
In demnit .
Act to
override
other
enact-
ments.
West B
Act
XXXII
of 1951.
Ben. Ac
XV of
1932.
West Be
Act XV
of 1955.
WBGP-59/60-1004A-5M

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