ASSAM CATTLE PRESERVATION RULES, 2022

 

PREAMBLE

In exercise of the powers conferred by section 22 of the Assam Cattle Preservation Act, 2021 (Assam Act No- XXV of 2021), the Governor of Assam is hereby pleased to make the following rules:-

Rule - 1. Short title and commencement.

(1)     These rules may be called The Assam Cattle Preservation Rules, 2022.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules unless there is anything repugnant to the subject or context,-

(a)      "Act" means The Assam Cattle Preservation Act, 2021 (Assam Act No. XXV of 2021);

(b)      "section" and "sub-section" means respectively a section and sub-section of the Act;

(c)      "Form" means the Form appended to these rules;

(d)      "Application for Permit" means the Form referred under rule 6 of these rules;

(e)      "Permit" means a permit issued under sub-rule (2) of rule 6 of these rules;

(f)       "Bonafide agricultural purpose" means a purpose related to the production, harvesting, exhibition, processing, or manufacture of agricultural products by a person who cultivates, plants, propagates, nurtures, and trades in the agricultural products;

(g)      "Agricultural products" means and includes agricultural, horticultural, viticulture, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any products raised or produced on farms and processed or manufactured thereof and shall include transportation for the aforesaid purpose;

(h)     "Bonafide animal husbandry purpose" means a genuine purpose of using animals for the activities related to bona fide agricultural purposes which includes ploughing, draught and pack animals, and Milching etc.;

(i)       "Beef shop" means a licensed shop dealing directly or indirectly with sale or offer or expose for sale of beef or beef products in any form, as defined in the Act.

(2)     Words and expressions used and not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.

Rule - 3. Prescribed Authority.

The District Magistrate of the concerned district shall be the "Prescribed Authority" to exercise the powers and functions under sub-sections (3), (4) and (5) of section 5 of the Act.

Rule - 4. Application for Certificate.

(1)     Any person intending to slaughter or to cause to be slaughtered or intending to offer or to cause to be offered for slaughter any animal as mentioned in the Schedule shall apply in Form A to the competent Authority of the area in which bull or bullock is to be slaughtered for the issuance of a certificate that the bull or bullock is fit for slaughter.

(2)     On receipt of the application the competent Authority shall fix a date and time for the production of bull or bullock at a place to be specified for the purpose and give intimation thereof to the applicant.

(3)     After examining the bull or bullock the Competent Authority either shall issue Certificate in Form B or refuse to issue the same and in either case shall record its reasons on the application.

(4)     After receipt of the certificate in Form B the owner of such cattle, may slaughter it in slaughter house as specified in the Certificate for slaughter.

Rule - 5. Fees.

(1)     The rate of fees payable for the issuance of a certificate under sub-section (6) of section 5 of the Act shall be thirty Rupees for bull or bullock.

(2)     The fees shall be subject to review from time to time by the Department of Animal Husbandry and Veterinary, Government of Assam.

Rule - 6. Permit for transportation of cattle.

(1)     A person or agency or farm intending to transport or cause to be transported any animal, specified in the Schedule of the Act, for bona-fide agricultural and animal husbandry purposes as mentioned under sub-section (4) of section 7 of the Act shall make an application to the Competent Authority as appointed by the State Government for the purpose as per provision of sub-section (8) of section 7 of the Act in Form C appended to these rules.

(2)     The "Competent Authority" as appointed by the State Government shall issue permit under sub-section (10) of section 7 of the Act in the format of Form D as annexed in these rules.

(3)     A person or agency or farm may make an application for grant of permit to transport the cattle in the format of Form C of these rules.

(4)     The Inter-state permit issued by the Competent Authority shall mention the designated entry and exit points as notified by the State Government and the cattle stock intended to be brought in/out based on issued permit shall only be done through the mentioned designated entry/exit points.

(5)     The copy of such permit(s) shall be marked to all the Superintendents of Police and the District Animal Husbandry and Veterinary Officers along the routes as well as to the Officer-in-Charge of the Police Station of the final destination, A copy of the permit shall also be marked to the Director, Animal Husbandry and Veterinary, Assam, Home Department, Government of Assam and to the Assam Police Head Quarters.

(6)     The concerned person or agency or Farm transporting the cattle shall maintain proper documents regarding utilization of the transported cattle stock,

(7)     The cattle brought in shall be sold or transferred to the buyer(s) only for the bona fide agricultural and animal husbandry purpose.

(8)     While applying for subsequent permit for transportation of cattle, utilization details of the previous consignment shall have to be furnished

(9)     Such documents shall be subjected to scrutiny by the competent authority or any other authorized officer on his behalf.

(10)   Permit issued by competent authority of other state shall not be the sole ground for allowing cattle to be transported through the state. A separate permit, under section 7 of the Act, shall also have to be obtained from the Competent Authority for the purpose of transit through the State.

Rule - 7. Registration of Agency or Farm.

(1)     Competent Authority as appointed by State Government may issue Registration certificate to the agency or farm for the purpose of trading of cattle, on receipt of application, for bona fide animal husbandry and agricultural purpose after being satisfied himself about the genuineness of the application as provided under sub-section (4) of section 7 of the Act in Form as annexed to these rules.

(2)     Any agency or farm which is registered for the purpose of trading of cattle under any law applicable in other state, if intends to transport cattle through Assam, shall also have to be registered in the state of Assam:

Provided, transportation of cattle directly by Government agency of any state shall be exempted from the requirement of such registration.

Rule - 8. Permit fees for transportation and extension of validity period.

(1)     A person or agency or farm intending to transport or cause to be transported any animal mentioned in the Schedule of the Act for bona fide agricultural and animal husbandry purposes as referred under sub-section (4) of section 7 of the Act shall have to pay Rs. 20 per adult cattle and Rs. 10 for each calf.

(2)     If the cattle are not transported within the validity period, extension may be granted under sub-section (10) of section 7 of the Act if further applied on payment of additional amount of Rs. 20.00 per adult cattle and Rs. 10 per calf. Once such extension is given, no further extension shall be granted for such transportation. In that case, the intended transporter shall have to apply for fresh permit.

The minimum fees as mentioned above shall be reviewed from time to time by the Department of Animal Husbandry and Veterinary, Government of Assam.

Rule - 9. Application and issue of Beef Shop.

(1)     For the purposes of section 8 of the Act, the intended citizen shall apply for license for beef shop in Form E as annexed in these rules through the jurisdictional Circle Officer to the District Magistrate of the district. The Circle officer on verification of the details mentioned in the application shall submit a report clearly indicating that the proposed place of beef shop is not situated in such area or areas which are predominantly inhabited by Hindu, Jain, Sikh and other non-beef eating communities or within a radius of 5 kms of any temple, satra or other religious institutions belonging to non beef eating Communities. The District Magistrate, on receipt of the application may further verify the area or/and if satisfied may issue a License for beef shop in Form F of these rules, copy of which shall be forwarded to the Superintendent of Police and to the Director, Animal Husbandry and Veterinary Department for record. Name(s) of such License holder(s) shall be uploaded in the websites of the district as well as of the Animal Husbandry and Veterinary Department.

(2)     The License so issued shall be renewed every 3 (three) years following the same procedure and paying the same fees.

(3)     Fees for License for beef shop shall be as follows,-

The minimum lees as mentioned above may be reviewed from time to time by the Department of Animal Husbandry and Veterinary, Government of Assam.

Rule - 10. Animal Market Regulation.

(1)     The Animal Market Committee shall issue proof of sale and purchase of cattle as per provision of sub-section (2) of section 10 of the Act in Form G annexed to these rules.

(2)     If any person fails to comply with provision of sub section (2) of section 10 of the Act a fine shall be levied for an amount which shall not be less than Rs. 2000/- and more than Rs. 10,000/-.

Rule - 11. Manner of disposing off any cattle slaughtered.

(1)     As per sub-section (2) of section 19 of the Act, the owner or the custodian of the animal shall dispose of the carcass of cattle slaughtered under sub-section (1) of section 19 of the Act either by burial, incineration or rendering.

(2)     The Veterinarian shall supervise the burial or incineration, which shall be performed preferably at the premises of the owner of the animal, or the institution, as the case may be, or the nearest location, as considered appropriate by the Veterinary officer.

(3)     The Veterinary officer or the competent authority of incineration plant or rendering plant, if required, shall arrange transportation of the carcass of the slaughtered infected animal in a secured vehicle to the site of disposal and the vehicle used for transportation of the dead animal shall be properly cleaned and disinfected by the vehicle owner.

(4)     The Veterinary Officer shall ensure that the disposal of carcass is carried out by any one of the following methods namely:-

(a)      Burial:-

(i)       the size of the pit for the burial shall be bigger than the size of the animal that allows all parts of the animal carcass to be buried in the burial pit and at least one meter of covering soil shall be used to cap the pit

(ii)      a layer of lime having minimum thickness of five centimetre shall be put at the bottom of the burial pit and again over the carcass before filling the soil.

(iii)     the pit for burial shall be at least twenty meters away from water course and two hundred and fifty meters away from well, bore-well or water spring used as a source of drinking water,

(iv)    the pit for burial shall not be in a seasonal waterlogged or flood prone area.

(v)      for mass burial the site shall be at least two hundred and fifty meters away from human habitat.

(b)      Incineration:-

(i)       it shall be practiced only on-site by agencies and institutes that have adequate trained manpower in operating the incineration plant.

(ii)      the site identified for incineration shall be at least two hundred meters away from human habitat,

(c)      Rendering;-

(i)       it shall be practiced only on site by agencies and institutes that have adequate trained manpower in operating the rendering plant.

(ii)      the agency or the institute using rendering as a method of infected animal carcass disposal shall maintain proper records of each rendering cycle.

(iii)     the rendered product shall not be used as ingredient of animal feed.

Rule - 12. Maintenance cost of seized cattle.

(1)     The state Government may allocate budgetary support to the Animal Husbandry and Veterinary Department for meeting or reimbursing the cost of transportation, treatment and maintenance of seized cattle, as the case may be.

(2)     Minimum rates for transportation and maintenance of cost of animals, as prescribed by the State Animal Welfare Board of Assam, from time to time, in compliance with rule 4 (1) of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, read with Section 35(4) of Prevention of Cruelty to Animals Act, 1960; shall be applicable as the transportation and maintenance cost of the seized animals under the Act.

(3)     In the event of conviction for an offence under the Act, the cost incurred in treatment, maintenance and transportation of seized animals shall be recovered from the accused(s) as per relevant provisions contained in The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

(4)     In case of seizure of abandoned cattle, the Animal Husbandry and veterinary Department shall bear the costs involved in treatment, transportation and maintenance of the seized cattle.

Rule - 13. Manner of disposal and forfeiture of property.

For the provision under sub-section (6) of section 11 of the Act, the manner of disposal and forfeiture of properties seizes under this Act shall be governed by the provisions contained in the Chapter XXXIV of the Code of Criminal Procedure, 1973.

FORM A

(Format of Application for the Certificate for slaughter)

(See rule 4)

To

The Certifying Officer,

...................................(locality or area),

District.......................

Sir,

I beg to apply for certificates to slaughter the following cattle which may kindly be examined and the necessary certificates be issued. I am ready to pay the certificate fees according to the prescribed rule:

 

Date...................

Place..................

Yours faithfully,

Name...............

Address............

FORM B

(See rule 4)

(Certificate for slaughter)

Issue No. ............ 

Date :..........

From:

Name of Competent Authority/Veterinary Officer:-

Address:- ....................

To,

Name of applicant.........

Address..........................

Reference : Your application dated..........

Certified that we are of the opinion that head/heads of the cattle of the following description is/are fit for slaughter under the Assam Cattle Preservation Act, 2021:

Permitted Place for the Slaughter:-

Designation of the Competent Authority

Date .....

Place..............

Competent Authority

District:-

Signature of Veterinary

Officer

Address...........

FORM C

[See rules 6(1)(3)]

Application for Permit

Transportation of cattle for bona fide agricultural or animal husbandry purpose.

To,

The Competent Authority,

.............................................

......................................... address).

Through the...........................................(address)

Sir,

I beg to apply for [1] a Permit/extension of permit for transportation of the cattle of following description which may kindly be examined and the necessary Permit be issued. I am ready to pay the permit fees according to the prescribed rule:

(A)     Aadhaar Number of the applicant:

(B)     Whether there was any criminal case: registered or is pending against the applicant under The Assam Cattle Preservation Act, 2021 and if yes, then details thereof.

(C)     Animal details:

Total Nos. of Animals:-

(D)     Purpose of Transportation :

For Farming/Draught Purpose -

For Milching/Breeding Purpose

Any other reason (please specify)

(E)     Name and address of consignor ................................................................................................... ....................................................................................................................................................... ........................................................................................................................................................ Mobile number......................

(F)      Name and address of consignee.............................................................

.......................................................................................................................................................

.......................................................................................................................................................

Mobile number......................

DECLARATION

I declare that the information furnished is correct to the best of my knowledge and belief. I undertake to comply with provisions of applicable Act/Rules/regulations/OMs/Govt. guidelines etc. for proposed transportation of cattle, and produce all documents and certificates, if any, as specified in the permit applied for herein.

Yours faithfully,

Date :

Place :

Signature

Name...........................................

Address............

E-mail address:....................

Phone No. ............

FORM D

(See rule 6(2)]

"Format of Permit/Extension of permit" (sub section (4) & (7) of section 7)

Permit No. ...............

Date..................

[This Permit is for the transportation of cattle by road/train is valid only for 30 days from the date of issue,]

From :

Competent Authority

Address....................

To

Name of applicant......................................................................................

Address .......................................................................................................................................................

.......................................................................................................................................................

Reference: Your application dated..........

* Permit/Extension of permit is hereby granted for transportation of cattle of the following description by Road/Train/Air as per provision of sub section (4) of Section 7 of the Assam Cattle Preservation Act, 2021.

(A)     ANIMAL DETAILS

Total nos. of animals =

(B)     Purpose of Transportation :

For Farming/Draught Purpose-

For Milking/Breeding Purpose -

For Slaughter Purpose -

Any other reason (please specify)

(C)     Name and address of consignor ............................................................

.......................................................................................................................................................

.......................................................................................................................................................

Mobile number......................

(D)     Name and address of consignee...........................................................

.......................................................................................................................................................

.......................................................................................................................................................

Mobile number......................

The consignee/transporter shall have to comply with the provisions of (1) The Assam Cattle Preservation Act, 2021 read with The Assam Cattle Preservation Rules, 2022 (2) Prevention of Cruelty to Animals Act, 1960, (3) Transport of Animals Rules, 1978 (4) Motor Vehicles Act, 1988 read with Motor Vehicles Rules, 1989 as amended up to date, (5) Govt. of Assam's Advisory on transportation of livestock notified vide No. VFV. 244/2009/544 dated 18th December, 2020.

Date:-

Place:-

Signature

Name :

Address:

Seal of the competent authority

FORM E

[See rule 9(1)]

Format of Application for License for Beef Shop

To

The District Magistrate,

...................................(name of district)

[Through the Circle Officer

........................(name of circle)]

Sir,

I beg to apply for a License to open a Beef Shop at ....................................................................................................................................................... under the district of.....................which may kindly be examined and the necessary License be issued. I am ready to pay the necessary License fees according to the prescribed rule:

I do hereby declare that I have been living in the state of Assam more than twenty years and I shall comply with the provisions of the Assam Cattle Preservation Act, 2021, Assam Cattle Preservation Rules, 2022 and the Food Safety and Standards Act, 2006.

(a)      Aadhaar Number of the applicant:

(b)      Whether there was any criminal case registered : or is pending against the applicant under The Assam Cattle Preservation Act, 2021 and if yes, then details thereof.

Date...................

Place.................

Yours faithfully,

Name...............

Address............

Report of the Circle Officer having jurisdiction

The proposed place for opening a beef shop by the applicant is verified and found that the proposed place of beef shop is not situated in such area or areas which are predominantly inhabited by Hindu, Jain, Sikh and other non-beef eating communities or within a radius of 5 kms of any temple, satra or other religious institutions belonging to non beef eating communities.

Signature....................................

Name of the Circle Officer...............

Address......................................

Date..........................

Place..........................

(Seal)

FORM F

[See rule 9(1)]

(License for Beef Shop)

OFFICE OF THE DISTRICT MAGISTRATE,....................................(Name of district)

License No.............

Date :....................

From : Name of authorized Officer.........................

Designation..............................................

Address:-........................................................

To,

Name of applicant.........

Address...........................

Reference : Your application dated..........

This License for opening of a beef shop at............................................................(detail address of the place)..........................................in the district of.....................is issued in favour of........................................................................................son of...................................................................................................., a resident of .............................................................................................on this .........day of ..............202......which will be valid for three years and shall have to be renewed after every three years. This License is subject to strict compliance of the provisions of the Assam Cattle Preservation Act, 2021, Assam Cattle Preservation Rules, 2022 and the Food Safety and Standards Act, 2006.

Date..............

Place..............

Signature of authorized officer

Name of authorized Officer

Address...........

FORM G

(See rule 10(2))

CERTIFICATE OF SALE AND PURCHASE OF ANIMALS

Date and time of purchase of animal:

Species and Breed:

Number:

Any specific characteristic:

Health Status -

This is to certify that on this ............day of ........................the undersigned Seller, in consideration of the sum of Rs. ................................................sold to the undersigned Buyer the following described animals, the title to which the Seller guarantees. Further, I hereby state that;-

(1)     I shall abide by the rules pertaining to humane treatment of animals in the animal market.

(2)     I shall abide by the rules pertaining to the Transport of Animals Rules, 1978 and Transport of Animals on Foot Rules, 2001.

Signature of the Purchaser

Signature of the Seller

Date :

Counter Signed.......................................

(Authorised Signatory)..............................

Address.................................................