MADRAS ANIMALS AND BIRDS SACRIFICES PROHIBITION ACT, 1950

Preamble - THE MADRAS ANIMALS AND BIRDS SACRIFICES PROHIBITION ACT, 1950

THE MADRAS ANIMALS AND BIRDS SACRIFICES PROHIBITION ACT, 1950

[Act No. 32 of 1950][1]

[19th December 1950]

PREAMBLE

An Act to prohibit the sacrifice of animals and birds in or in the precincts of Hindu temples in the State of Madras.

Whereas it is expedient to prohibit the sacrifice of animals and birds in or in the precincts of Hindu temples in the State of Madras; It is hereby enacted as follows:--

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Madras Animals and Birds Sacrifices Prohibition Act, 1950.

 

(2)     It extends to the whole of the State of Madras.

[2] (3) This section shall come into force at once; and the rest of this Act shall come into force on such date as the State Government may, by notification in the Fort St. George Gazette, appoint.

 

Section 2 - Definitions

In this Act unless there is anything repugnant in the subject or context--

(a)      "precints" in relation to a temple, includes all lands and buildings near a temple, whether belonging to the temple or not, which are ordinarily used for purposes connected with the worship whether conducted inside the temple or outside and in particular the mandapams, praka-rams, back-yards and front-yards of the temple by whatever name called, and also the ground on which the temple car ordinarily stands;

 

(b)      "sacrifice" means the killing or maiming of any animal or bird for the purpose or with the intention, of propitiating any deity;

[3] [(c) 'temple' means, in any area in the State else where than in the Kanyakumari district and the Shencottahtaluk of the Tirunelveli district, a temple as defined in section 6, clause (17) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), and in any area in the Kanyakumari district and the Shencottahtaluk of the Tirunelveli district, a temple as defined in section 2, clause (1), of the Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950)].

 

Section 3 - Sacrifice in temple or its precincts prohibited

No person shall sacrifice any animal or bird in any temple or its precincts.

 

Section 4 - Officiating at sacrifice, etc., prohibited

No person shall--

(a)      officiate or offer to officiate at, or

 

(b)      perform or offer to perform, or

 

(c)      serve, assist or participate, or offer to serve, assist or participate in, any sacrifice in any temple or its precincts.

Section 5 - Temple or its precincts not to be allowed to be used for sacrifice

No person shall knowingly allow any sacrifice to be performed at any place which--

(a)      is situated within any temple or its precincts; and

 

(b)      is in his possession or under his control.

 

Section 6 - Penalties

(1)     Whoever contravenes the provisions of section 3 shall be punished with fine which may extend to three hundred rupees.

 

(2)     Whoever contravenes the provisions of section 4 shall be punished with fine which may extend to three hundred rupees:

Provided that if the offender is an officer, servant, authority, trustee or priest of the temple or the holder of an office in receipt of emoluments or perquisites for the performance of any service in the temple, he shall be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to three hundred rupees or with both.

(3)     Whoever contravenes the provisions of section 5 shall be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to three hundred rupees or with both.

 

Section 7 - Enquiry and trial

No offence punishable under this Act shall be inquired into or tried by any Court inferior to that of a Presidency Magistrate or a Magistrate of the first or second class.