UTTAR PRADESH GOVADH NIVARAN ADHINIYAM, 1955 THE UTTAR PRADESH GOVADH NIVARAN ADHINIYAM, 1955[1]
Preamble - THE UTTAR PRADESH GOVADH
NIVARAN ADHINIYAM, 1955
[Act No. 1 of 1956]
[30th December, 1955]
PREAMBLE
An Act to prohibit and prevent the slaughter of cow
and its progeny in Uttar Pradesh
Whereas
it is expedient to prohibit and prevent the slaughter of cow and progeny in
Uttar Pradesh :
It
is hereby enacted in the sixth year of the Republic of India as follows :
Section 1 - Short title, extent and commencement
(1) This Act may be called the Uttar Pradesh Prevention
of Cow Slaughter Act, 1955.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
Section 2 - Definitions
In
this Act unless there is anything repugnant in the subject or context,--
[2][(a) "beef" means flesh of cow and of
such bull or bullock, whose slaughter is prohibited under this Act, but does
not include such flesh contained in sealed containers and imported as such into
Uttar Pradesh;]
(b) ???"cow"
includes a [3][* * *] heifer, or calf;
(c) ???"prescribed"
means prescribed by rides made under this Act;
[4][(cc) "competent authority" means the
person or persons appointed in this behalf by the State Government by notification
in the official Gazette to exercise the powers and perform the functions of a competent authority under this Act or
the Rules made thereunder for such area or areas and for such period as may be
specified in the notification.]
(d) ???"slaughter"
means killing by any method whatsoever and includes maiming and inflicting of
physical injury which in the ordinary course will cause death;
(e) ???"State
Government" means the Government of Uttar Pradesh, and
(f) ???"uneconomic
cow" includes stray, unprotected, infirm, disabled, diseased or barren
cow.
Section 3 - Prohibition of cow slaughter
(1) Except as hereinafter provided, no person shall
slaughter or cause to be slaughtered, or offer or cause to be offered for
slaughter?
(a) a cow, or
(b) a bull or bullock, unless he has obtained in
respect thereof a certificate in writing, from the competent authority of the
area in which the bull or bullock is to be slaughtered, certifying that it is
fit for slaughter, in
any place in Uttar Pradesh; anything contained in any other law for the time
being in force or an usage or custom to the contrary notwithstanding.
(2) No bull or bullock, in respect of which a
certificate has been issued under sub-section (1) (b) shall be slaughtered at
any place other than the place indicated in the certificate. [5][*
* *]
(3) A certificate under sub-section (1) (b) shall be
issued by the competent authority, only after it has, for reasons to be
recorded in writing; certified that?
(a) the bull or bullock is over the age of [6][fifteen
years] or
(b) in the case of a bull, it has become permanently
unfit and unserviceable for the purpose of breeding and, in the case of
bullock, it has become permanently unfit and unserviceable for the purposes of
daughter and any kind of agricultural operation :
Provided
that the permanent unfitness or unserviceability has not been caused
deliberately.
(4) The competent authority, shall, before issuing the
certificate under subsection (3) or refusing to issue the same, record its
order in writing [7][***].
(5) The State Government may, at any time, for the
purposes of satisfying itself as to the legality or propriety of the action
taken under this section call for and examine the record of any case and may
pass such order thereon as it may deem fit.
[8][(6) Subject to the provisions herein contained,
and action taken under this section, shall be final and conclusive and shall
not be called in question].
Section 4 - Section 3 not to apply to diseased, or under experimentation cows
(1) Nothing in Section 3 shall apply to the slaughter
of a [9][cow,
bull or bullock]?
(a) which is suffering from any contagious or
infectious disease notified as such by the State Government; or
(b) which is subjected to experimentation in the
interest of medical and public health research;
where
the slaughtering is done in accordance with the conditions and circumstances to
be prescribed.
(2)
Where
a [10][cow,
bull or bullock] is slaughtered for the reasons stated in clause (a) of
sub-section (1) the person who slaughters of causes to be slaughtered
such [11][cow, bull or bullock]
shall within twenty-four hours of the slaughter, lodge information of the same
at the nearest Police Station or before such Officer or authority as may be
prescribed.
(3) The carcass of the [12][cow,
bull or bullock] slaughtered under clause (a) of sub-section (1) shall be
buried or disposed of in such manner as may be prescribed.
Section 5 - Prohibition on sale of beef
Except
as herein excepted and notwithstanding anything contained in any other law for
the time being in force, no person shall sell or transport or offer for sale or
transport or cause to be sold or transported beef or beef-products in any form
except for such medicinal purposes as may be prescribed.
Exception.--A
person may sell and serve or cause to be sold and served beef or beef-products
for consumption by a bona fide passenger in an air-craft or railway train.
Section 5A - Regulation on transport of cow, etc.
[13][(1) ??No
person shall transport or offer for transport or cause to be transported any
cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is
punishable under this Act, from any place within the State to any place outside
the State, except under a permit issued by an officer authorised by the State
Government in this behalf by notified order and except in accordance with the
terms and conditions of such permit.
(2)??? ?Such officer shall issue the permit on payment
of such fee not exceeding five rupees for every cow, bull or bullock as may be
prescribed :
Provided
that no fee shall be chargeable where the permit is for transport of the cow,
bull or bullock for a limited period not exceeding six months as may be
specified in the permit.
(3) ????Where
the person transporting a cow, bull or bullock on a permit for a limited period
does not bring back such cow, bull or bullock into the State within the period
specified in the permit, he shall be deemed to have contravened the provision
of sub-section (1).
(4) ????The
form of permit, the form of application therefor and the procedure for disposal
of such application shall be such as may be prescribed.
(5) ????The
State Government or any officer authorised by it in this behalf by general or
special notified order, may, at any time, for the purpose of satisfying itself,
or himself, as to the legality or propriety of the action taken under this
section, call for and examine the record of any case and pass such orders
thereon as it or he may deem fit].
Section 6 - Section 6
[14][* * ]
Section 7 - Levy of charges or fees
The
State Government or the local authority, as the case may be, may levy such
charges or fees as may be prescribed for keeping uneconomic cows in the
institutions.
Section 8 - Penalty
(1) Whoever contravenes or attempts to contravene or
abets the contravention of the provisions of Section 3 or 5 shall be guilty of
an offence punishable with rigorous imprisonment for a term which may extend to
two years or with fine which may extend to one thousand rupees or with both.
(2) Whoever fails to lodge the information in the
manner and within the time stated in sub-section (2) of Section 4 [15][or
contravenes the provision of sub-section (1) of Section 5-A] shall be guilty of
an offence punishable with simple imprisonment for a term which may be extend
to one year or with fine which may extend to two hundred rupees or with both.
(3) In any trial for an offence punishable under
sub-section (1) or sub-section (2) the burden of proving that the slaughtered
cow belonged to the class specified in clause (a) of sub-section (1) of Section
4 shall be on the accused.
Section 9 - Offences to be cognizable and non-bailable
Notwithstanding
anything contained in the Code of Criminal Procedure, 1898[16],
an offence punishable under sub-section (1) of Section 8 shall be cognizable
and non-bailable.
Section 10 - Power to make rules
(1) The State Government may make rules for the purpose
of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of foregoing
powers, such rules may provide for?
(a) the conditions and the circumstances under
which [17][cows, bulls or bullocks]
are to be slaughtered under sub-section (1) of Section 4;
[18][(aa) form of certificate, and the procedure for disposal
of the applications [19][*
* *] under Section 3;]
(b) the manner in which diseases shall be notified
under sub-section (1) (a) of Section 4;
(c) the manner in which the information shall be lodged
under sub-section (2) of Section 4;
(d) the manner in which and conditions under which beef
or beef-products are to be sold or sold and served under Section 5;
(e) the matters relating to the establishment,
maintenance, management, supervision and control of institutions referred to in
Section 6;
(f) the duties of any officer or authority having
jurisdiction under this Act, the procedure to be followed by such officer or
authority; and
(g) the matters which are to be and may be prescribed.
[1] Received the assent of the President on
December 30, 1955, under article 201 of the Constitution of India, 1950 and was
published in the Uttar Pradesh Gazette, Extraordinary, dated January 6, 1956.
For Statement of Object and Reasons, see the Uttar Pradesh Gazette,
Extraordinary, dated March 30, 1955. Passed in Hindi by the Uttar Pradesh
Legislative Assembly on September 8, 1955 and by the Uttar Pradesh Legislative
Council on September, 21, 1955, with certain amendments and then again by the
U. P. Legislative Council on April, 1956.
[2] Substituted by
U. P. Act XXXIII of 1958, Section 2 (i).
[3] The words
"bull, bullock', deleted by ibid, Section 2 (ii)."
[4] Added by U. P.
Act XXXIII of 1958, Section 2 (iii) for the original clause.
[5] The words for
within twenty days of the date of issue of the certificate, deleted by U. P.
Act XVII of 1961, Section 2.
[6] Substituted by
U. P. Act XVII of 1961.
[7] ?The words "any person aggrieved by the
order of the competent authority under this section, may, within twenty days of
the date of the order appeal against it to the State Government, which may pass
such orders, thereon as it may deem fit" deleted, by U. P. Act XVII of
1961 vide Section 2.
[8] Substituted by
U. P. Act XXXIII of 1958, Section 3.
[9] Substituted by U. P. Act XXXIII of
1958, Section 4.
[10] Substituted by U. P. Act XXXIII of
1958, Section 4.
[11] Substituted by U. P. Act XXXIII of
1958, Section 4.
[12] Substituted by U. P. Act XXXIII of
1958, Section 4.
[13] Inserted by U. P. Act 24 of 1979,
Section 2, (w.e.f. 29-6-1979).
[14] Section 6 is deleted by the U. P. Act
XXVIII of 1961, vide item 7 of the schedule. The old Section 6 runs as under
:--
"6. Establishment of institutions.-- There shall be established by the State
Government or by any local authority, wherever so directed by the State
Government, institutions as may be necessary for taking care of uneconomic
cows".
[15] Inserted by U. P. Act 24 of 1979,
Section 2, (w.e.f. 29-6-1979).
[16] Now Cr. P. C., 1973.
[17] Substituted by
U. P. Act XXXIII of 1958, Section 5 (i).
[18] Added by ibid,
Section 6 (2).
[19] Deleted by U. P.
Act XVII of 1958, Section 3.