Chhattisgarh agricultural cattle preservation Act, 2004
No: 8 Dated: Sep, 11 2006
Chhattisgarh agricultural cattle preservation Act, 2004
An Act to provide, in the interest of the general public and to maintain communal harmony and peace, for prohibition of slaughter of Agricultural cattle and for matters connected thereto.
Be it enacted by the Chhattisgarh Legislature in the Fifty-fifth Year of the Republic of India as follows : -
1. Short title, extend and commencement. - (1) This Act may be called the Chhattisgarh Agricultural Cattle Preservation Act, 2004.
(2) It extends to the whole of the State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette.
[2. In this Act, unless the context otherwise requires,-
(a) "Agricultural Cattle" means an animal specified in Schedule I;
(b) "Agricultural Cattle Welfare Officer" means an officer who shall work for the implementation of the provisions of this Act as search and seizure of agricultural cattle, search and seizure of vehicles, to take cattle into custody and to initiate prosecution;
(c) "Beef" means flesh of agricultural cattle;
(d) "Competent Authority" means such authority or person as may be prescribed; (e) "Institution" means any charitable institution registered under any enactment for the time being in force, established for the purpose of keeping, breeding and maintaining agricultural cattle or for the purpose of reception, protection, care, management and treatment of infirm, aged and diseased cow progeny;
(f) "Schedule" means schedule appended to this Act;
(g) "Slaughter" means killing by any method whatsoever and includes maiming or inflicting of physical injury which in the ordinary course will cause death;
(h) "Transport" means carrying agricultural cattle through vehicle or through walking or through any other means;
(i) "Vehicle" means any mechanically or manually driven conveyance used on land water or air.]
3. Appointment of [Agricultural Cattle Welfare Officer]. - The State Government, may by a general or special order, appoint for the purpose of this Act, any person, or class of persons, to be the [Agricultural Cattle Welfare Officer] for a local area.
4. Prohibition of Slaughter of Agricultural cattle. - No person shall slaughter or cause to be slaughtered or offer or cause to be offered slaughter of any Agricultural cattle.
5. Prohibition on Possession of beef. - No person shall possess beef of any Agricultural cattle slaughtered in contravention of the provisions of this Act.
6. Prohibition on transport of Agricultural cattle for slaughter. - (1) No person shall sell, or transport or offer to transport or cause to be transported any Agricultural cattle from any place within the state to any place within the State or outside the State, for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be, so slaughtered.
[(2) Whenever any person transports or causes to be transported in contravention of provisions of sub-section (1) any agricultural cattle as specified in the Schedule, such vehicle or any conveyance used in transporting such animal alongwith such agricultural cattle shall be liable to be seized by such authority or officer as the State Government may appoint in this behalf.
(3) The vehicle or conveyance so seized under sub-section (2) shall not be released by the order of the court on bond or surety before the expiry of six months from the date of such seizure or till the final judgment of the court, whichever is earlier and such vehicle shall also be liable for confiscation at the end of the trial.]
7. Possession of seized agricultural cattle and Monthly reports. - Till the conclusion of prosecution, seized Agricultural cattle will be under custody of nearest registered Goshala, Gosadan, Gorakshan sansthan or other registered sansthan and they are required to provide monthly report to concerned court in prescribed proforma.
8. Strengthening of institutions. - The State Government shall take necessary steps for strengthening of institutions which are engaged in welfare activities of Agricultural cattle.
9. Levy of charges. - The person in charge of the institution may levy such charges as may be prescribed, for care and maintenance of Agricultural cattle whose custody was given to the institution under Section 7 from their owners.
10. Penalties. - Whoever contravenes or attempt to contravene or abets the contravention of the provisions of Section 4, 5 and 6 shall be punished with imprisonment of either description for a term which may extend to [seven] years, or with fine which may extend to [fifty] thousand rupees or with both.
11. Burden of proof on accused. - In any trial for an offence punishable under Section 10 for contravention of the provisions of Sections 4, 5 and 6 of this Act the burden of providing that the slaughter, transport or sale of Agricultural cattle was not in contravention of the provisions of this Act shall be on the accused.
12. Offences to be cognizable and non-bailable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) all offences under this Act shall be cognizable and non-bailable.