Preliminary .

(Act No. 2 of 2016)

[Received the assent of the President on the 25th day of February, 2016]

An Act

to provide for prohibition of slaughter of camel and also to regulate temporary migration or export thereof from Rajasthan.

Be it enacted by the Rajasthan State Legislature in the Sixty-sixth Year of the Republic of India, as follows :-

S.1 Short title, extent and commencement.

(1) This Act may be called the Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 2015.

(2) It extends to the whole of the State of Rajasthan.

(3) It shall come into force at once.

S.2 Definitions.

In this Act, unless the context otherwise requires,-

(a) "camel meat" means flesh of camel;

(b) "camel" means an animal of camelus genus;

(c) "Code" means the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974);

(d) "Competent Authority" means Collector of a District and includes any other officer who may be authorized in this behalf by the State Government by notification in the Official Gazette to exercise the powers and perform the functions of the Competent Authority under this Act of the rules made thereunder for such area or areas and for such period as may he specified in the notification;

(e) "Divisional Commissioner" means a Commissioner appointed by the State Government under section 17 of Rajasthan Land Revenue Act. 1956 (Act No. 15 of 1956);

(f) "export" means to take out of the State of Rajasthan to any other pl

S.3 Prohibition of slaughter of camel.

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 any camel.

S.4 Prohibition of possession, sale or transport of camel meat and camel meat products.-

Notwithstanding anything contained in any other law for the time being in force, no person shall possess, sale or transport for sale or cause to be sold or transported camel meat or camel meat products in any form.

S.5 Prohibition of export of camel for the purpose of slaughter and regulation of temporary migration or expert for other purposes.

(1) No person shall export and cause to be exported any camel himself or through his agent, servant or other person acting in his behalf from any place within the State to any place outside the State for the purposes of slaughter or with the knowledge that it may be or is likely to be slaughtered.

(2) Notwithstanding anything contained in sub-section (1) temporary migration of camel from the famine and scarcity affected areas of Rajasthan may be allowed by the Competent Authority to other States in India for grazing purposes under a valid permit in the manner prescribed and hereinafter laid down.

(3) Any person residing in any famine and scarcity affected area and desiring migration of any camel shall apply to the Competent Authority having jurisdiction over such area stating the circumstances necessitating the proposed migration together with the number of camel and name of the State or States to which migration is propose

S.6 Transporter to be abettor.

Whenever the camels are transported by any means of transport in furtherance of the object of commission of any offence under this Act, the transporter shall be guilty of abetment of the said offence and shall be liable for the same punishment as is provided under section 8 of the Act for person committing the said offence.

S.7 Custody and disposal of camel seized.

(1) Whenever as a result of search or seizure or as a result of inspection or otherwise the camels are seized, the custody of the seized camels pending final disposal of the case may be entrusted by an order of the Competent Authority to any recognized voluntary agency working for the welfare of such animals:

Provided that where there is no such voluntary agency in any local area, the Competent Authority may entrust the custody of camels to any such agency outside the area or to any other suitable person, who volunteers to maintain such animals.

(2) Whenever any case is finally disposed of, further orders regarding custody or permanent entrustment of camel shall be made by the Competent Authority subject to such terms and conditions as may be deemed proper.

(3) Any person aggrieved by an order made under subsection (1) or sub-section (2) may, within thirty days from the date of the said order, appeal a

S.8 Penalty.

(1) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 3 shall, on conviction, be punished with a rigorous imprisonment for a term which shall not be less than one year but may extend to five years and with fine which may extend to twenty thousand rupees.

(2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 4 or section 5 shall, on conviction, be punished with the rigorous imprisonment for a term which shall not be less than six months but may extend to three years and with fine which may extend to five thousand rupees.

S.9 Punishment for causing hurt.

(1) Whoever causes bodily pain, disease or infirmity to any camel is said to cause hurt.

(2) Whoever intentionally causes hurt to a camel shall, on conviction, be punished with rigorous imprisonment for a term which may extend to two years and with fine which may extend to 'three thousand rupees.

(3) Whoever abets the commission of an offence under subsection (2), shall be guilty of abetment of the said offence and shall be liable for the same punishment as is provided for the said offence.

S.10 Punishment for intentionally injuring any camel.

(1) Whoever intentionally causes grievous injuries to a camel shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than one year but may extend to three years and with fine which may extend to seven thousand rupees.

Explanation.- For the purpose of this section grievous injury shall include,-

(i) emasculation (in the case of male camel),

(ii) permanent privation of sight of either eye,

(iii) permanent privation of the hearing of either ear,

(iv) privation of any member or joint,

(v) fracture or dislocation of a bone or tooth,

(vi) any hurt that endangers life or which causes the sufferer severe bodily pain and ultimately renders unfit or unserviceable.

(2) Whoever abets the commission of an offence under subsection (1) shall be guilty of abet

S.11 Burden of proof.

Where any person is prosecuted for an offence under the provisions of this Act, the burden of proof that he had not committed the offence under the provisions of this Act shall be on him.

S.12 Power to enter and inspect places.

(1) For the purpose of this Act the Competent Authority or any person authorized in writing in that behalf by the Competent Authority (hereinafter in this section referred to as "the authorized person") shall have power to enter and inspect any place where the Competent Authority or the authorized person has reason to believe that an offence under this Act has been, or is likely to be committed.

(2) Every person in occupation of such place shall allow the Competent Authority or the authorized person such access to that place as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the Competent Authority or the authorized person.

(3) For the purpose of enforcing the provisions of this Act, the Competent Authority or the authorized person, in exercising the powers of entry upon, and inspection of, any place under this section, follow, as far as may be,

S.13 Person exercising powers under this Act deemed to be public servant.

All persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

S.14 Protection of persons acting in good faith.

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which in good faith is done or intended to be done under this Act or rules made thereunder.

S.15 Power to make rules.

(1) The State Government may, by notification in the Official Gazette, make rules generally for carrying out the purposes of this Act.

(2) All rules made under this section shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of' no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.