Saturday, August 2, 2014

Cow Slaughter Laws In Different States


Cow Slaughter Laws In Different States


Main features of legislations enacted by the States/UTs on cow slaughter
Sr.No.State/Title of LegislationGist of Provisions
1.
ANDHRA PRADESHTHE ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977

Definitions:
  • “Cow”- includes heifer, or a calf, whether male or female of a cow.
  • “Calf”- age not defined.
Ban on slaughter:
  • Slaughter of “Cow” prohibited
  • Slaughter of bull, bullock allowed on ‘fit-for-slaughter’ certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offences: -
  • cognisable
  2.
ASSAM
THE ASSAM CATTLE PRESERVATION ACT, 1950
Definitions:
  • “ Cattle” means `Bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves.
  • “Calf” not defined.
Ban on slaughter:
  • Slaughter of all cattle allowedon ‘fit-for-slaughter’ certificate, to be given if cattle is over 14 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offence:
  • Cognisable only


3.

BIHAR

THE BIHAR PRESERVATION AND IIMPROVEMENT OF ANIMALS ACT, 1955

Definitions:
  • Bull – uncastrated male of above 3 years.
  • Bullock - castrated male of above 3 years.
  • Calf - male or female below 3 years.
  • Cow - female above 3 years.
Ban on Slaughter:
  • Slaughter of cow and calf totally prohibited
  • Slaughter of bull or bullock of over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.
Offence:
  • Cognisable only
Ban on Export :
  • Export of cows, calves, bulls and bullocks from Bihar is not allowed for any purpose.

4.
  DAMAN & DIU
THE GOA , DAMAN & DIU PREVENTION OF COW SLAUGHTER ACT, 1978


Details as for Goa .

5.

DELHI
THE DELHI AGRICULTURAL CATTLE PRESERVATION ACT, 1994

Definitions:
  • Agricultural Cattle- cows of all ages, calves of cows of all ages, bulls and bullocks.
Ban on Slaughter:
  • Slaughter of all agricultural cattle is totally prohibited.
  • Ban on Transport or Export for slaughter is also prohibited.
  • Export for other purposes permitted on declaration that cattle will not be slaughtered. 
  • Export to a State where slaughter is not banned by law will not be permitted.
Penal provisions :
  • Imprisonment upto five years and fine upto  Rs. 10,000, provided that normally imprisonment should not be less than 6 months and fine not less than Rs 1,000.
  • Burden of proof is on the accused.
Offences:
  • Both cognisable and non-bailable.


6.

GOA
THE GOA , DAMAN & DIU PREVENTION OF COW SLAUGHTER ACT, 1978.













THE GOA ANIMAL PRESERVATION ACT, 1995

Definitions :
  • Cow includes cow, heifer or calf.
  • Age of calf not defined.
Ban on Slaughter :
  • Total ban on slaughter of cow except when cow is suffering pain or contagious disease or for medical research.
  • Prohibition of sale of beef or beef products in any form.
Penalty Provisions :
  • Imprisonment up to 2 years or fine up to Rs 1,000 or both.
Offences :
  • Both cognisable and non-bailable.

Definitions:
  • Applicable to bulls, bullocks, male calves and buffaloes of all ages.
Ban on Slaughter:
  • All the animals can be slaughtered on ‘fit-for-slaughter’ certificate which is not given if the animal is likely to become economical for draught, breeding or milk (for she/buffaloes) purposes
  • Prohibition of sale of beef obtained in contravention of above provisions, except beef imported from other States.

Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.

7.

GUJARAT

THE BOMBAY ANIMAL PRESERVATION ACT, 1954 (APPLIED TO GUJARAT )


Definitions:
  • Applicable to bulls, bullocks, cows, calves and male/female buffalo calves.

Ban on Slaughter:
  • Slaughter of cow, calf, bull or bullock totally prohibited.
  • Slaughter of buffaloes permitted on certain conditions.

Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.

8.

HARYANA

THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955 (APPLICABLE TO HARYANA)

  Provisions same as for Punjab except penal provisions

Penal provisions :
  • Rigorous imprisonment up to 5 years or fine up to Rs 5,000 or both.


9.

HIMACHAL PRADESH
THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955
(APPLICABLE TO THE STATE OF HIMACHAL PRADESH )


All provisions same as for Punjab .

10.

JAMMU & KASHMIR

THE RANBIR PENAL CODE, 1932

  • Voluntary slaughter of any bovine animal such as ox, bull, cow or calf shall be punished with imprisonment of either description which may extend to 10 years and shall also be liable to fine.
  • Fine may extend to five times the price of the animals slaughtered as determined by the Court.
  • Possession of flesh of killed or slaughtered animals is also an offence punishable with imprisonment up to 1 year and fine up to Rs 500.


11.

KARNATAKA

THE KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT, 1964



Definitions:
  • Animal - means bull, bullock, and all buffaloes.
  • Cow – includes calf of a cow, male or female.
Ban on Slaughter:
  • Slaughter of cow, calf of a cow or calf of a she-buffalo totally prohibited.
  • Slaughter of bulls, bullocks and adult buffaloes permitted on ‘fit-for-slaughter’ certificate provided cattle is over 12 years of age or is permanently incapacitated for breeding, draught or milk due to injury, deformity or any other cause.
  • Transport for slaughter to a place outside a state not permitted.
  • Sale purchase or disposal of cow or calf for slaughter not permitted.
Penal provisions:
  • Imprisonment up to maximum of 6 months or fine of up to Rs 1,000 or both.

Offences:
  • Cognisable only.



12.

  KERALA

No state legislation - only Panchayat Act/Rules

Kerala Panchayat (Slaughter Houses and Meat Stalls) Rules, 1964



Panchayat laws provide for prohibition of slaughter of useful animals in Panchayat (non-municipal) areas in the State. Under the Kerala Panchayat (Slaughter Houses and Meat Stalls) Rules, 1964, no certificate shall be granted under Rule 8 in respect of a bull, bullock, cow calf, he-buffalo or she-buffalo or buffalo calf unless the animal is over 10 years of age and is unfit for work or breeding or the animal has become permanently incapacitated for work or breeding due to injury or deformity. In 1976, the Kerala Government issued an executive order banning the slaughter of useful animals in the Municipal areas as well.



13.

MADHYA PRADESH

THE MADHYA PRADESH AGRICULTURAL CATTLE PRESERVATION ACT, 1959.

Definitions:
  • Agricultural cattle means cows of all ages, calves of cows, bull, bullocks and all buffaloes.

Ban on Slaughter:
  • Slaughter of cow, calf of cow, bull, bullock and buffalo calf prohibited.
  • However, bulls and bullocks are being slaughtered in the light of Supreme Court judgement, provided the cattle is over 15 years or has become unfit for work or breeding.
  • Transport or export for slaughter not permitted.
  • Export for any purpose to another State where cow slaughter is not banned by law is not permitted.
  • Sale , purchase, disposal of cow and its progeny and possession of flesh of cattle is prohibited.

Penal provisions:
  • Imprisonment up to 3 years and  fine of Rs.5,000.
  • Normally imprisonment shall not be less than 6 months and fine not less than Rs 1,000.
  • Burden of proof is on the accused.

Offences :
  • Cognisable only.


14.

MAHARASHTRA

THE MAHARASHTRA
ANIMAL PRESERVATION ACT, 1976

Definitions:
  • ‘Cow’ includes a heifer or male or female calf of a cow.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bulls, bullocks and buffaloes allowed on fit-for-slaughter certificate, if it is not likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes.
Penal provisions:
  • Imprisonment up to maximum of 6 months and fine of up to Rs1,000.
  • Burden of proof is on the accused.
Offences:
  • Cognisable only.


15.
MANIPUR

PROCLAMATION BY MAHARAJA - DARBAR RESOLUTION OF 1936



“According to Hindu religion the killing of cow is a sinful act.  It is also against Manipur Custom.  I cannot allowed such things to be committed in my State.  So if any one is seen killing a cow in the State he should be prosecuted.”

16.

MEGHALAYA



NO LEGISLATION

17.

NAGALAND


NO LEGISLATION

18.

ORISSA

THE ORISSA PREVENTION OF COW SLAUGHTER ACT, 1960
Definitions:
  • ‘Cow’ includes heifer or calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull, bullock on fit-for-slaughter certificate if cattle is over 14 years of age or has become permanently unfit for breeding, draught.
Penal provisions:
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable only.


19.

PONDICHERRY

THE PONDICHERRY PREVENTION OF COW SLAUGHTER ACT, 1968


Definitions:
  • ‘Cow’ includes heifer or calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull or bullock permitted on ‘fit-for-slaughter’ certificate provided it is over age of 15 years or has become permanently unfit for breeding or draught.
  • Prohibition on sale, transport of beef.

Penal provisions:
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable and non-bailable.


20.

PUNJAB

THE PUNJAB PROHIBITION OF COW SLAUGHTER ACT, 1955


Definitions:
  • “Cow” includes bull, bullock, ox, heifer or calf.

Ban on Slaughter:
  • Slaughter of cow (and its progeny) totally prohibited.
  • Export for slaughter not permitted.
  • Sale of beef prohibited.

Penal provisions :
  • Imprisonment up to maximum of 2 years or fine up to Rs 1,000 or both. 
  • Burden of proof is on the accused.

Offences :
  • Cognisable and non-bailable.


21.

RAJASTHAN

THE RAJASTHAN BOVINE ANIMAL (PROHIBITION OF SLAUGHTER AND REGULATION OF TEMPORARY MIGRATION OR EXPORT) ACT, 1995


Definitions:
  • ‘Bovine’ - means and includes cow, calf, heifer, bull or bullocks.
  • ‘Bull’ - means uncastrated male above 3 years
  • ‘Bullock’ - means castrated male above 3 years
  • ‘Calf’ - means castrated or uncastrated male of 3 years and below.
  • ‘Cow’ - means female above 3 years; ‘Heifer’ is female of 3 years or below.

Ban on Slaughter:
  • Slaughter of all bovine animals prohibited.
  • Possession sale, transport of beef and beef products is prohibited.  Export of bovine animal for slaughter is prohibited.
  • Custody of seized animals to be given to any recognized voluntary animal welfare agency failing which to any Goshala, Gosadan or a suitable person who volunteers to maintain the animal.

Penal provisions:
  • Rigorous imprisonment of not less than 1 year and up to maximum of 2 years and fine up to Rs10,000. 
  • Burden of proof is on the accused.


22.

TAMIL NADU

THE TAMIL NADU ANIMAL PRESERVATION ACT, 1958









Government orders banning cow slaughter dt. 30th August, 1976 .

Definitions:
  • ‘Animal’ means bulls, bullocks, cows, calves; also, buffaloes of all ages.
Ban on Slaughter:
  • All Animals can be slaughtered on ‘fit-for-slaughter’ certificate
  • Certificate given if animal is over10 years of age and is unfit for work and breeding or has become permanently incapacitated for work and breeding due to injury deformity or any incurable disease.
Penal Provisions:
  • Imprisonment of up to 3 years or fine up to Rs 1,000 or both.

Slaughter of cows and heifers (cow) is banned in all slaughterhouses in Tamil Nadu.

23.

UTTAR PRADESH

THE UTTAR PRADESH PREVENTION OF COW SLAUGHTER ACT, 1955


Definitions:
  • ‘Beef’ means flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into U.P.
  • ‘Cow’ includes a heifer and calf.

Ban on Slaughter:
  • Slaughter of cow totally prohibited.
  • Slaughter of bull or bullock permitted on ‘fit-for-slaughter’ certificate provided it is over the age of 15 years or has become permanently unfit for breeding, draught and any agricultural operations.
  • Transport of cow outside the State not permitted for slaughter.
  • Prohibition on sale of beef.

Penalty provisions:
  • Rigorous imprisonment up to 2 years or fine up to Rs 1,000 or both.

Offences :
  • Cognisable and non-bailable.


24.

WEST BENGAL

THE WEST BENGAL ANIMAL SLAUGHTER ACT, 1950


Definitions :
  • Scheduled animals – bulls, bullocks, cows calves and buffaloes of all types/ages.

Ban on Slaughter :
  • Slaughter of all animalspermitted on ‘fit-for-slaughter’ certificate
  • Certificate given if animal is over14 years of age and unfit for work or breeding or has become permanently incapacitated for work and breeding due to age, injury, deformity, or any incurable disease.

Penal provisions:
  • Imprisonment up to maximum of 6 months   or fine up to Rs 1,000 or both. 

Offences:
  • Cognisable only.