Section - 1 Short Title Extent & Commencement-

1. This Act shall be called The Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005
2. It shall extend in whole State of Jharkhand.
3. It shall come into force from such date, on which it shall be notified in Gazette by the State Government.

Section-2 Definitions-



In this Act, otherwise expected from context, -

?Cow-Beef? means beef ofBovine Animal. ?Bovine Animal? means Cow, Calf, She Calf, Bull or Ox. ?Bull? means Bovine Animal? having age more than three years, who is unsterilized. ?Ox? means Bovine Animal? having age more than three years, who is sterilized. ?Calf? means Bovine Animal? having age three years or less than three years, who is sterilized/unsterilized male. ?Cow? means Bovine Animal? having age more than three years, which is female. ?She Calf? means Bovine Animal? having age three years or less than three years,which is female. ?Slaughter? means intentional killing in any mode and for any purpose and it includes making handicapped or causing physical injury, due to which in normal death may be caused. The commission of slaughter by accident or in self-defence shall not be treated as commission of slaughter under this Act. ?Export? means taking away from State of Jharkhand at any place outside theState of Jharkhand. ?Competent Officer? means such person who not holding below the rank of Sub-Divisional Magistrate and which is appointed by the State Government for this purpose by the State Government. ?Code? means the Code of Criminal Procedure, 1973 (2 of 1974). ?Veterinary Officer? means such Veterinary Officer? of Jharkhand Animal Husbandry Service, in which by notification of State Government, whole powers and any power out of them is delegated.
4. ?Appellate Authority? means any such officer who is not below the rank of Dy. Commissioner, who is appointed for this purpose by notification of State Government.

Section-3 Prohibition of slaughter of Bovine Animal-

Notwithstanding anything contained in any law in force at that time or in any tradition and usage any adverse thing, no person shall make slaughter of anyBovine Animal or he got not make killing or slaughter.
5. The State Government, subject to normal or special order and such conditions which is deemed justified to impose for the purpose medical or investigation relaxation may be given from enforcement of this Act, to any certain person or institution for commission of slaughter of anyBovine Animal or preservation of its beef.

Section-4 Prohibition of transportation of Bovine Animal for slaughter-



Any person in violation of provision of this Act, for the purpose of slaughter of Bovine Animal or having knowledge that, such slaughter shall be committed or there is apprehension of such slaughter, shall not make transportation from any place within state at any place outside state, or he will not make proposal of its transportation or he will not got make such proposal.


Section 4 (a) Prohibition of Export



(1) Any person in violation of provision of this Act, for the purpose of slaughter of Bovine Animal or having knowledge that, such slaughter shall be committed or there is apprehension of such slaughter, shall not make export himself nor through his agent or servant or person acting on his behalf.


Section 4 (b)-Licence for Export-

Any person who is willing to make export of Bovine Animals, he will submit application to such officer, who is appointed for this purpose by notification of State Government. In said application he will mention the reason for export and at the same time, he will mention the numbers of those cows and calves / she calves and the name of state, in which export is proposed. He will make declaration of this intent that, slaughter shall not be made of those cows and calves / she calves / Bull/ Ox, for export of which license is sought. the officer appointed under sub-section (1) after his own satisfaction about the truth of contents of application of applicant, for export of those cows and calves / she calves / Bull/ Ox, he may or may not issue license. But any application submitted for license / permission letter shall not be rejected without giving opportunity of hearing to applicant and for rejection of his application shall be mentioned in writing. But also provided that, for export of those cows and calves / she calves / Bull/ Ox in such state in which restriction is not imposed on slaughter of Bovine Animals, permission shall not be granted.
Section 4 (c) Special Permission-



The State Government may give special permission for transportation or export of Bovine Animals, if it is in its opinion in public interest.


Section 4 (d) Any Person or Institution-



If any person or institution is willing to make transportation of Bovine Animals from one state to other state through the State of Jharkhand, then prior to making entry in state of Jharkhand, he will obtain permission from specific competent officer, who shall be notified from time to time by the Government.


Section-5- Restriction on sale purchase or disposal of Bovine Animals-



Any person for commission of slaughter of any Bovine Animal or having reason to this believe that, slaughter shall be made of such animals, shall make neither sale nor purchase and otherwise disposal and he will make proposal of neither sale nor purchase and otherwise disposal and he not got make their sale, purchase or otherwise disposal.


Section-6 Restriction on keeping in possession the beef of Bovine Animals-



Notwithstanding anything contained in any other law in force at that time, no person shall keep in his possession the beef of any such Bovine animal, of which slaughter is done in violation of provision of this Act.


Section-7- Prohibition of sale of beef-



Notwithstanding anything contained in any other law in force at that time, no person shall make sale or got sale of beef or beef product of Bovine animal or he will not make proposal of such sale of such Bovine animal of which slaughter is done in violation of provision of this Act.


Section-8- Establishment of Institutions-

By the Government or by Local Body/ Authority when such instruction shall be given by the Government Establishment shall be made of Institution for maintenance and protection of uneconomical cows, provided any institution established from earlier may be notified by the Government under this Act for this purpose.
Section-9- Imposition of Charge and Fee-



The Government and Local Body if is authorised formaintenance and protection of uneconomical cows, in Institutions may impose fee in prescribed manner.


Section-10- Power of Entry search and acquisition-

For the purpose of enforcement of provisions of this Act, Competent Officer or Veterinary Officer, or any such person, who is authorised for this purpose in writing by Competent Officer or Veterinary Officer, shall have power to make entry in any premises situated within local limits of its local jurisdiction, in context of which, he has reason to believe that, in said premises any offence is committed under this Act, or any such offence is being committed or there is apprehension of commission of any such offence, and he make inspection of the concerned premises. Every such person who has charge over any premises specified in Sub-Section-1 shall give permission for aforesaid purposes on making expectation and he will give answer to questions asked from him by Competent Officer or Veterinary Officer, or any such person, who is authorised for this purpose, as per his best knowledge and belief. Any Police Officer holding post not below the rank of Sub-Inspector, or any person authorised for this purpose by the State Government to make sure compliance of provisions of Section-4 (a) and Section 4 (b) or to satisfy himself that compliance is made of provisions of said Sections. He may make entry in any vehicle used or intended to be used for export of Bovine Animals, he may check it, and may make its search or he authorise to any person for entering therein, for checking it and for making its search. Bovine animals in context of which, there is apprehension that, violation is made, is being made or is to be made of any provision of Section 4 (a) and 4 (b), he may make acquisition of such vehicles in which Bovine animals shall be found or he may authorise their acquisition and thereafter he may take all such measures to make sure that, such acquired animals and vehicles are to be produced in the court and up to their presentation for this purpose, keeping them in safe custody is necessary.
6. In context of search and acquisition the provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable for search and acquisition under this Act. But the State Government to any such person who is working in Public Interest, making notification through the Gazette may empower under this Act.

Section-11- Custody and Disposal of acquired Bovine Animal-

The custody of Bovine Animals which are acquired as result of search or inspection or otherwise, up to final disposal of the matter, shall be handed over to any recognised voluntary agency working for welfare of such animals or to local body under section -8 by order of competent officer. But where in any local area there is no such voluntary agency or local body, there Competent Officer may hand over custody of such Bovine Animals to any such agency, or body or any such suitable person who is voluntarily willing keep such person. But in no circumstances the custody of acquired animals shall not be handed over to such person and to any person concerned with such person, by whom violation is made of rules provided in this Act. The expenses of custody of such animal during period of their acquisition shall be recovered by Competent Officer from owners of such animals. Whenever any matter is disposed of finally, by Competent Officer further order in context of handing permanently custody of Bovine Animals shall be passed subject to such terms and conditions which shall be deemed justified. Any person aggrieved with any order passed under Sub-Section (1) or (2) within 30 days from date of such order may prefer appeal to Appellate Authority. On such appeal, the Appellate Authority giving opportunity of hearing to Appellant and Respondent may pass stay order for the period up to disposal of appeal and he may rescind, alter or set-aside such order and may pass any such order, which shall be justified.
7. When any Bovine animal shall be taken into custody under this Act, then in context of possession, delivery, disposal or leaving out of such animal the Competent Officer shall have right to pass order and notwithstanding anything contained in any other law prejudice to anything, shall not be to any other court, authority or other authority.

Section-12 Penalty-

Whoever violates the provisions of section-3 or section-5, or section-6, or section-7 or makes attempt of violation or instigates of violation, then on conviction he may be punished with rigorous imprisonment of such period, which shall not less than one year but which may extend up to ten year and with fine up to Rs. ten thousand. Whoever violates the provisions of section 3 (a) or Section 4 (b) he may be punished with imprisonment of any kind up to period of three years and with fine up to Rs. five thousand. But except the special and sufficient reasons to be mentioned in judgment of court such imprisonment shall not be of less than six months and such fine shall not of less than Rs. 0ne thousand.
8. Whenever by any vehicle against the rules provided in this Act, transportation of Bovine Animals or their beef shall be made, then such vehicle shall be seized by the Government.

Section-13- Punishment for causing intentional injury to any Bovine Animals-


1. Whoever causes intentional serious injuries to any Bovine Animal, on conviction he shall be punished with rigorous imprisonment of period from one year to three years and with such fine which may be up to Rs. three thousand.

Explanation:-for purpose of this section- serious injury means-

Emasculation in matter of Bull; Permanent privation of the sight of either eye. Permanent privation of the hearing of either ear; Destruction or permanent impairing of the powers of any member or joint; Fracture or dislocation of a bone or tooth; Any hurt which endangers life or which causes to suffer severe bodily pain or unable to follow his ordinary pursuits.
2. Whoever makes abatement of any offence under sub-section-(1), shall be guilty of making abatement of said offenceand he shall be punished with same punishment which is provided for said offence.

Section-14- Burden of Proof-



Where any person after prima facie proving his charge under provisions of this Act, is prosecuted for any offence, there burden of proof that he has not committed any offence under provisions of this Act, shall be upon him.


Section-15- Abatement or attempt-



Whoever shall make abatement of offence punishable under this Act, or will make attempt of doing any such offence, he shall be punished with such punishment which is provided for such offence under this Act.


Section-16- Offences shall be cognizable and non-bailable



Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Act shall be cognizable and non-bailable.


Section-17- The officers exercising powers under this Act shall be deemed Public Servant



All competent officer, Veterinary Officer and any such person, who exercise the powers under this Act, shall be deemed ? Public Servant under Section 21 of the Indian Penal Code, 1860 (Sl. No.-45 of year 1860).


Section-18 Protection of persons doing work in Bona-fide way-



Against any person, by whom in context of any such thing which is done in bona-fide manner, or of which doing in bona-fide manner is intended, no suit, prosecution or any legal proceeding shall not be initiated.


Section-19 Exception-

Anything of Section-3 shall not be applicable on slaughter of Cow, if- Veterinary officer of said area or any other officer of Department of animal husbandry certify that, its pain is so that, its destruction is required; or
3. Who is suffering from communicable dieses (2) In case of requirement of slaughter of any cow provided in Sentence (a) or (b) of sub-Section (1), for the person doing so, it shall be extremely necessary that, he will get written permission issued byVeterinary Officer and any such person, who exercise the powers under this Act.

Section-20- Power to make rule-



The State Government, for the purpose of execution of provisions of this Act, may make rule, by notification in Gazette.