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Maharashtra Animal Preservation Act, 1976.
(1) This Act may be called the
Maharashtra Animal Preservation Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date1
as the State Government may, by notification in the
Official Gazette, appoint.
(4) It shall apply to cows 2[bulls or bullocks] and to scheduled animals.
It is hereby declared that this Act is for giving effect to the
policy of the State towards securing the principles specified in article 48 of the Constitution of India.
In this Act, unless the context otherwise requires,-
(a) "Competent authority" means a person or body of persons appointed by the State
Government under section 4 to perform the functions of a competent authority under this Act ;
(b) "cow" includes a heifer or male or female calf of a cow ;
(c) "prescribed" means prescribed by rules made under this Act ;
(d) "Schedule" means the Schedule appended to this Act ;
(e) "scheduled
The State Government may, by notification in the
Official Gazette, appoint one or more persons or one or more bodies of persons to perform the function
of a competent authority under this Act and specify the areas within which they shall perform such
functions.
5. Prohibition of slaughter of cows, 1[bulls or bullocks].- Notwithstanding anything
contained in any other law for the time being in force or any usage or custom to the contrary no person shall slaughter or cause to be slaughtered or offer for slaughter any cow 2[bull or bullock], in any place
in the State of Maharashtra.
1[5A. Prohibition on transport and export of cow, bull or bullock for slaughter.- (1) No
person shall transport or offer for transport or cause to be transported cow, bull or bullock from any
place within the State to any place 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) No person shall export or cause to be exported outside the State of Maharashtra cow, bull or
bullock for the purpose of slaughter either directly or through his agent or servant or any other person
acting on his behalf, in contravention of the provisions of this Act or with the knowledge that it will be
or is likely to be slaughtered.
No person shall purchase, sell or otherwise dispose of or offer to purchase, sell or otherwise dispose of
any cow, bull or bullock for slaughter or knowing or having reason to believe that such cow, bull or
bullock shall be slaughtered.
Notwithstanding anything
contained in any other law for the time being in force no person shall have in his possession flesh of
any cow, bull or bullock slaughtered in contravention of the provisions of this Act.
No person shall have in his possession flesh of any cow, bull or bullock
slaughtered outside the State of Maharashtra.].
(1) Notwithstanding anything contained
in any law for the time being in force or any usage or custom to the contrary, no person shall slaughter
or cause to be slaughtered any scheduled animal in any place in the State of Maharashtra, unless he has
obtained in respect of such animal a certificate in writing from the competent authority that the animal
is fit for slaughter.
(2) No certificate shall be granted under sub-section (1), if in the opinion of the competent
authority,-
(a) the scheduled animal, whether male or female, is or likely to become economical for the
purpose of draught or any kind of agricultural operations ;
(b) the scheduled animal, if m
No scheduled animal in
respect of which a certificate has been issued under section 6 shall be slaughter in any place other than
a place specified by such authority or officer as the State Government may appoint in that behalf.
8. 1[Power of entry, search, seizure and custody].- (1) For the purposes of this Act, the
competent authority or any person authorised in writing in that behalf by the competent authority
(hereinafter in this section referred to as "the authorised person") shall have power to enter and inspect
any place where the competent authority or the authorised 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 any such place shall allow the competent authority or
authorised 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 authorised person.
2[(3) Any Police O
9. 1[Penalty for contravention of sections 5, 5A or 5B].- Whoever contravenes 2[the
provisions of sections 5, 5A or 5B] shall, on conviction, be punished with imprisonment for a term
which may extend to 3[five years], or with fine which may extend to 4[ten thousand rupees], or with
both:
5[Provided that except for special and adequate reasons to be recorded in the judgement of the
court such imprisonment shall not be of less than six months and such fine shall not be less than one
thousand rupees.]
1[9A. Penalty for contravention of sections 5C, 5D or 6.- Whoever contravenes the
provisions of sections 5C, 5D or 6 shall on conviction be punished with imprisonment for a term which
may extend to one year or fine which may extend to two thousand rupees.
In any trial for an offence punishable under sections 9 or
9A for contravention of the provisions of this Act, the burden of proving that the slaughter, transport,
export outside the State, sale, purchase or possession of flesh of cow, bull or bullock was not in
contravention of the provisions of this Act, shall be on the accused.]
10. Offences under Act to be cognizable 1[and non-bailable].- Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be
cognizable 2[and non-bailable].
Whoever abets any offence punishable under this Act or
attempts to commit any such offence shall be deemed to have committed that offence and shall, on
conviction, be Punished with the punishment provided for such offence under section 9 1[or section
9A].
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 (45 of 1860).
No suit, prosecution or
other legal proceedings 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 thereunder.
Subject to any conditions prescribed in this behalf, this Act
shall not apply to,-
(a) any animal (other than cow 1[bull or bullock]) operated upon for vaccine, lymph or
serum at any institution established, conducted or recognised by the State Government;
(b) any animal (other than cow 2[bull or bullock]) operated upon for any experimental or
research purposes at the institution referred to in clause (a);
(c) any animal (other than cow 3[bull or bullock]) or class thereof, -
The State Government may, by notification in the Official Gazette,
delegate,-
(a) to any local authority, its powers and functions under section 4 within the local area
subject to the jurisdiction of such local authority ;
(b) to any officer of the State Government, its powers and functions under sub-section (3) of
section 6.
(1) The State Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may
provide for,-
(a) the form of the certificate under section 6 ;
(b) the amount of the fee to be paid for such certificate ;
(c) the conditions subject to which this Act, shall not apply to any scheduled animal under
section 14 ;
On the commencement of this Act, the following Acts, that is to
say,-
(1) the Bombay Animal Preservation Act, 1948 (Bom. LXXXI of 1948),
(2) the Bombay Animal Preservation Act, 1954 (Bom. LXXII of 1954),
(3) the Central Provinces and Berar Animal Preservation Act, 1949 (C. P. and Berar LII of
1949), and
(4) the Hyderabad (Slaughter of Animals) Act, 1950 (Hyd. VII of 1950),
shall stand repealed :
Provided that such repeal shall not affect,-
(a) the previous operation of any Act so repealed, or anything
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