ASSAM CATTLE PRESERVATION ACT, 2021
The 15th September, 2021
No. LGL.83/2021/23.-The following Act of the Assam Legislative Assembly which received the assent of the Governor on 9th September, 2021 is hereby published for general information.
ASSAM ACT NO. XXV OF 2021
(Received the assent of the Governor on 9th September, 2021)
AN ACT
to provide for the preservation of cattle by regulating their slaughter, consumption, illegal transportation and matters connected and incidental therewith.
Preamble-Whereas for giving effect to the policy of the state for securing the principles specified in the Directive Principles in Article 48 of the Constitution of India;
It is hereby enacted in the Seventy-second year of the Republic of India, as follows :-
(1) This Act may be called the Assam Cattle Preservation Act, 2021.
(2) It shall extend to whole of the state of Assam.
(3) It shall come into force on such date and in such areas as the State Government may, by notification in the Official Gazette, appoint in this behalf.
The Act shall apply to the cattle specified in the Schedule of the Act.
In this Act unless there is anything repugnant in the subject or context-
(b) "Beef" means flesh of the cattle in any form whose slaughter is prohibited under this Act;
(c) "Cattle" means an animal specified in the Schedule of the Act;
(d) "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 hereunder for
Notwithstanding anything in any other law for the time being in force or in any usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter of any cattle:
Provided that killing of a cattle by accident shall not be considered as slaughter under the Act.
.-(1) Notwithstanding anything in any other law for the time being in force or in any usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter any cattle unless he had obtained in respect thereof a certificate in writing, issued by the registered Veterinary Officer under Animal and Husbandry Department for the area in which the cattle is to be slaughtered, that the cattle is fit for slaughter.
(2) No certificate under sub-section (1) shall be issued unless the Veterinary Officer is of the opinion that,-
(b) the cattle, not being a cow or heifer or calf, has become' permanently incapacitated from work or breeding due to accidental injury or deformity.
(3) The Veterinary Officer shall maintain all records of issua
No cattle in respect of which a certificate has been issued under section 5 shall be slaughtered in any place other than a slaughter house duly licensed or recognized under a Central or State Act or any rules or regulations made hereunder or other premises as may be specified in the certificate as per rules framed under this Act:
Provided that the State Government may exempt certain places of worship or certain occasions for slaughter of cattle other than calf, heifer and cow for religious purposes.
.-(1) No person shall transport or offer for transport or cause to be transported any cattle, without valid permit, from,-
(ii) any place within the state of Assam to any place outside the state of Assam where slaughter of cattle is not regulated by law.
(2) No person shall transport or offer for transport or cause to be transported any cattle from any place of other State to any place within the State the slaughter whereof is punishable under this Act.
(3) No person shall transport or offer for transport or cause to be transported any cattle from any place within the State to any other place within the State, the slaughter whereof is punishable under this Act.
(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), the
No person shall directly or indirectly sale or offer or expose for sale or buy beef or beef products in any form except at places permitted to do so by the competent authority:
Provided that no such permission shall be granted in such area or areas which are predominantly inhabited by Hindu, Jain, Sikh and other non-beef eating communities or within a radius of 5 kms of any temple, satra, or other religious institutions belonging to Hindu Religion or any other institution or area as may be prescribed by the competent authority.
The State Government may, for the purpose of issuing certificate under sub-section (1) of section 5, by notification in the Official Gazette appoint or declare an officer of the Animal Husbandry and Veterinary Department of Assam not below the rank of Veterinary Officer or its equivalent as Veterinary Officer for the purpose of the Act for such local areas as may be specified in such notification.
(1) Every Animal Market Committee of recognized animal markets shall issue proof of sale and purchase of animals in the prescribed format to the purchaser and maintain proper record for inspection by the competent authority.
(2) If any animal market fails to comply with the provisions of this section and rules prescribed in this regard, the license or registration of such animal market shall be cancelled and the person responsible for such non compliance shall be barred from entering the market and fined, as may be prescribed, after providing the animal market committee or the person, as the case may be, an opportunity of being heard.
.-(1) For the purpose of enforcing the provisions of this Act, a Police Officer not below the rank of Sub-inspector or a registered Veterinary Officer, or any person authorized in this behalf by the state government, shall have the power to enter and inspect any premises within the local limits of jurisdiction of such persons where he has reason to believe that an offence under this Act has been or is likely to be committed.
(2) Every person in occupation of any such premises as is specified in sub-section (1) shall allow the Police Officer not below the rank of Sub-inspector or Veterinary Officer or the person authorized in this behalf by the state government, as the case may be, such access to the premises as he may require for the aforesaid purpose and shall answer any question put to him by such Police Officer or Veterinary Officer or the person authorized in this behalf by the state government as the case may be, to the best
(1) Any person aggrieved by any order passed under section 7 and section 11 may, within thirty days from the date of receipt of such order appeal to the Sessions Judge having jurisdiction over the area in which the property, to which such order relates, has been seized.
(2) The Sessions judge may, after giving the persons affected a reasonable opportunity of being heard, pass such order as it deems fit.
(1) Whoever contravenes any of the provisions contained in this Act under sections 4, 5, 6, 7 and 8 shall be guilty of an offence punishable with imprisonment for a term which shall not be less than three years and which may extend to eight years and with fine, which shall not be less than three Lakh rupees and may extend to five Lakh rupees or with both:
Provided that after considering facts and circumstances of a case and after hearing the Public Prosecutor on the question of sentence, the trial court may, for the reasons recorded in writing, impose lesser punishment than the minimum prescribed penalty under this section.
(2) Whoever after conviction of an offence under this Act is again found to be guilty of an offence under this Act, shall be punished with double the punishment provided for the said offence for the second and subsequent conviction.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, [Central Act 2 of 1974], all offences under this Act shall be cognizable and non-bailable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, [Central Act 2 of 1974], the Police Officer not below the rank of Superintendent of Police, if has reason to believe that any person who is accused of an offence under this Act and against whom a warrant has been issued, has absconded or concealing himself so that such warrant cannot be executed, the names and the photograph of such person may be published at some prominent places in locality where the accused ordinarily resides or to a public place.
Whoever abets any offence punishable under this Act or attempts to commit any such offence shall be punishable with the punishment provided in the Act for such offences.
All Veterinary Officers and other persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, [Central Act 45 of 1860].
No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules made hereunder.
(1) Subject to such conditions as may be prescribed, this Act shall not apply to -
(ii) any cattle.-
(a) slaughter of which is certified by a Veterinary Officer authorized in this behalf by the State Government, to be necessary in the interest of the public health;
(b) slaughter of a cattle which is suffering from any disease which is certified by a Veterinary Officer authorized by the State Government as being incurable or infectious or contagious and dangerous to other cattle;
(c) slaughter of cattle, not being a cow or heifer or calf, on such certain occasion as may be prescribed:
Provided th
The State Government may establish, or direct any local authority or permit society registered under the Societies Registration Act, 1960, [Central Act No. 17 of 1960], or any Central Act or any association or organization to establish an institution including Gaushalas at such places as may be deemed necessary for taking care of the cattle to be housed thereto.
The State Government may, by notification in the Official Gazette, delegate to any officer of the State Government all or any of its powers or functions under this Act.
.-(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-
(ii) the form and manner in which application for certificate under section 5 shall be made;
(iii) the quantum of fees payable for any certificate which may be issued under section 5 and the form of such certificates;
(iv) prescribing the authority under section 5;
(v) the places of worship, or festival for slaughter of cattle in pursuance of this Act;
(vi) the conditions subject to which the slaughter of any cattle may be exempted under section 19;
On the commencement of this Act, the Assam Cattle Preservation Act, 1950, [Assam Act No. XII of 1951] shall be repealed:
(i) the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
(ii) Any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed;
(iii) Any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed;
(iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not be
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