Bihar Preservation and Improvement of Animals Act, 1955
No: 2 Dated: Jan, 11 1956
Bihar Preservation and Improvement of Animals Act, 1955
[ Bihar Act 2 of 1956 ]
An Act to provide for the preservation and improvement of certain animals in the State of Bihar.
Be it enacted by the Legislature of the State of Bihar in the Sixth Year of the Republic of India as follows: -
CHAPTER-I
Introductory
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Preservation and Improvement of Animals Act, 1955.
(2) It extends to the whole of the State of Bihar.
(3) This Section shall come into force at once and the remaining provisions of this Act, or any of them, shall come into fore in any area on such date as the State Government may, by notification-appoint and different dates may be appointed for different provision and for different areas.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context -
(a) "animal" means -
(i) bull, bullock, cow, heifer, buffalo, calf, sheep, goat and any other ruminating animal;
(ii) Poultry; and
(iii) elephant, horse, camel, ass, mule, dog, swine and such other domesticated animals as may be specified in this behalf by the State Government by notification in the Official Gazette;
(b) "a person is said to keep a bull" if he owns the bull or has the bull in his possession or custody;
(c) "bull" means an uncastracted male above the age of three years belonging to the species of bovine cattle;
(d) "bullock" means a castrated male above the age of three years belonging to the species specified in clause (c);
(e) "calf" means a female or a castrated or un-castrated male, of the age of three years and below belonging to the species specified in clause (c);
(f) "contagious disease" means rinderpest (that is to say, the disease commonly known as cattle plague), anthrax, hemorrhagic septicaemia, black-quarter, foot-and mouth disease, rabies and includes such other diseases as may be declared by the State Government by notification in the official Gazette to be contagious diseases for the purposes of this Act;
(g) "cow" means a female above the age of three years belonging to the species specified in clause (c), but does not include a she-buffalo;
(h) "infected area" means an area in respect of which a notification under Section 7 is in force;
(i) "infective" used with reference to an animal means affected by a contagious disease;
(j) "licence" means a licence granted under Section 20;
(k) "prescribed" means prescribed by Rules made under this Act;
(l) "she-buffalo" means a female above the age of three years belonging to the species specified in clause (c), but it does not include a cow;
(m) "Veterinary Officer" means a Veterinary Assistant Surgeon of the Bihar Civil Veterinary Department acting as such within the local limits of his jurisdiction and includes any officer appointed by the State Government to discharge all or any of the functions of a Veterinary Officer under this Act;
(n) "Director" means the Director of Animal Husbandry, Bihar and includes any officer not below the rank of Deputy Director, Animal Husbandry, authorised by the State Government to discharge all or any of the functions of Director under this Act.
CHAPTER-II
Prohibition of slaughter of Cows, Calves, Bulls and Bullocks
3. Prohibition of slaughter of cow, calf, bull, bullock or she-buffalo. - Notwithstanding anything contained in any law for the time being in force or in any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter a cow, calf, bull, bullock or she-buffalo:
Provided that the prescribed authority may, subject to such conditions as may be prescribed, allow the slaughter of -
(i) a bull or bullock which is over twenty-five years of age or which has become permanently incapable of breeding or of being used as a draught animal, as the case may be; and
(ii) a she buffalo which is over twenty-five years of age or which has become permanently incapable or breeding or yielding milk, if the permanent incapability has not been caused deliberately:
Provided further that the State Government may, by general or special order and subject to such conditions as it may think fit to impose, allow the slaughter of any such animal for any medicinal or research purposes.
4. Penalties. - Whoever contravenes or attempts to contravene or abets the contravention of any of the provisions contained under Section 3 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
[CHAPTER-IIA]
4A. Ban on export. - No person shall export cows, she-buffaloes, calves, heifers, buffalo-calves, buffallo-heifers, buffalo, bulls and bullocks from the State of Bihar.
4B. Penalty. - (1) Whosoever acts or is found to have been acting in contravention of the provisions of this Chapter may be arrested without any warrant by a police officer not below the rank of Assistant Sub-Inspector.
(2) Whosoever contravenes or attempts to contravene or abets the contravention of the provisions of this Chapter shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
4C. Power to make Rules. - The Government may, by notification in the Official Gazette, make Rules necessary to carry out the provisions of this Chapter.
4D. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Chapter, the State Government may, when the occasion arises, by order do anything which appears necessary for the purposes of removing the difficulty.