[U.
P. ordinance no. 11 of 2020] AN ORDINANCE further
to amend the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, WHEREAS the
State Legislature is not in session and the Governor is satisfied that such
circumstances exist which render it necessary for him to take immediate action:
NOW, THEREFORE, in
exercise of the powers conferred by clause (1) of Article 213 of the
Constitution of India, the Governor is pleased to promulgate the following
ordinance: - (1)
This Act may be called the
Uttar Pradesh Prevention of Cow Slaughter (Amendment) ordinance, 2020. (2)
It shall be deemed to have
come into force with effect from June 11, 2020. In section SA of the
Uttar Pradesh Cow Slaughter Prevention ordinance, 1955 here in after referred
to as the principal Act, after sub-section 5 the following sub-sections shall
be inserted, namely: “(6)
Where the said conveyance has been confirmed to be related to beef by the
competent authority or authorized laboratory under this Act, the driver,
operator and owner related to transport, shall be charged with the offence
under this Act, unless it is not proved that the transport medium used in
crime, despite all its precautions and without its knowledge, has been used by
some other person for causing the offence. (7) The vehicle by which the beef or cow and its
progeny is transported in violation of the provisions of this Act and the
relevant rules, shall be confiscated and seized by the law enforcement
officers. The concerned District Magistrate/Commissioner of Police will do all
proceedings of confiscation and release, as the case may be. (8) The cow and its progeny or the beef
transported by the seized vehicle shall also be confiscated and seized by the
law enforcement officers. The concerned District Magistrate/Commissioner will
do all proceedings of the confiscation and release, as the case may be. (9) The expenditure on the maintenance of the
seized cows and its progeny shall be recovered from the accused for a period of
one year or till the release of the cow and its progeny in favour of the owner
thereof whichever is earlier. (10)
Where a person is prosecuted for committing, abetting, or attempting to an
offense under sections 3, 5 and 8 of this Act and the beef or cow-remains in
the possession of accused has been proved by the prosecution and transported
things are confirmed to be beef by the competent authority or authorized
laboratory, then the court shall presume that such person has committed such
offence or attempt or abetment of such offence, as the case may be, unless the
contrary is proved. (11)
Where the provisions of this Act or the related rules in context of search,
acquisition, disposal and seizure are silent, the relevant provisions of the
Code of Criminal Procedure, 1973 shall be effective thereto.” After section 5 A of
the principal Act, the following section shall be inserted, namely: “5B.
Whoever causes any physical injury to any cow or its progeny so as to endanger
the life thereof such as to mutilate its body or to transport it in any
situation whereby endangering the life thereof or with the intention of
endangering the life thereof does not provide with food or water shall be punished
with imprisonment for a term which shall not be less than one year and which
may extend to seven years and with fine which shall not be less than one Lakh
rupees and which may extend to three Lakh rupees. After section 7 of
the principal Act, the following section shall be inserted, namely: “7A.
(1) Notwithstanding, anything contained in the Code of Criminal Procedure,
1973, no person charged with a criminal offence under this Act or any rules
made there under, while in custody, shall be released on bail or on his own
bond unless, (a)
the Special Public
Prosecutor is given an opportunity to oppose the application to such release
and (b)
where the Special Public
Prosecutor opposes the application, the court is convinced that there is a
reasonable basis for believing that he is not guilty of such an offence and
that it is unlikely to commit any offence while on bail. (2)
The restrictions regarding grant of bail under sub-section (1) shall be in
addition to the restrictions under the Code of Criminal Procedure, 1973. (3)
Under the provisions of this Act, every prosecutor of the State Prosecution
Service, who has been engaged in the prosecution work for seven "years, by
whatever name it is known, shall be deemed to be a special public prosecutor. For section 8. of the
principal Act, the following section shall be inserted, namely: (1)
Whoever contravenes or
attempts to contravene or abets the contravention of the provisions of section
3, section 5 or section 5A shall be guilty of an offence punishable with
rigorous imprisonment for a term which shall not be less than three years and
which may be extend to ten years and with fine which shall not be less than
three Lakh rupees and which may extend to five Lakh rupees. (2)
Whoever after conviction of
an offence under this Act is again guilty of an offence under this Act, shall
be punished with double the punishment provided for the said offence for the
second conviction. (3)
The names and the photograph
of the person accused of the contravention of the provision of section-5A shall
be published at some prominent place in locality where the accused ordinarily
resides or to a public place, if he conceals himself from the law enforcement
officers. For section 9 of the
principal Act, the following section shall be substituted, namely: “9. Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, an offence punishable under section 5B and
sub-section (1) of section 8 shall be cognizable and non-bailable.THE
UTTAR PRADESH PREVENTION OF COW SLAUGHTER (AMENDMENT) ORDINANCE, 2020