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

Act No. 23 of 1995

17th August, 1995

An Act to provide for prohibition of slaughter of cow and its progeny and also to regulate temporary migration or export thereof from Rajasthan. Be it enacted by the Rajasthan State Legislature in the Forty-sixth Year of the Republic of India as follows:-

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S.1 Short title, extent and commencement

(1) This Act may be called the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.

(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) "beef" means flesh of bovine animal;
• (b) 1"bovine animal" means cow, calf, heifer, bull or bullock but does not include buffalo and its progeny.
• (c) "bull" means an uncastrated male above the age of three years belonging to the species of bovine animal;
• (d) "bullock" means a castrated male above the age of three years belonging to the species of bovine animal;
• (e) "calf" means a castrated or uncastrated male of the age of three years and below belonging to the species of bovine animal;
• (f) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
• (g) "Competent Authority" means Collector of a District and includes any other officer who may be authorised 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 or the rules made thereunder for su
  

S.3 Prohibition of slaugther of bovine animal

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 offered for slaughter any bovine animal.

S.4 Prohibition of possession, sale or transport of beef and beef 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 beef or beef products in any form.

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

(1) No person shall export and cause to be exported any bovine animal 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 subsection (1) temporary migration of bovine animal 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 bovine animal shall apply to the Competent Authority having jurisdiction over such area stating the circumstance necessitating the proposed migration together with the number of bovine animals and name of the State or States to which migration is proposed and the per

S.6 Transporter to be abettor

Whenever the bovine animals 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.6A Confiscation of the means of conveyance

(1) Whenever an offence punishable under this Act is committed, any means of conveyance used in the commission of such offence shall be liable to confiscation.

(2) Where any means of conveyance referred to in sub-section (1) is seized in connection with the commission of any offence punishable under this Act, a report of such seizure shall, without unreasonable delay, be made by the person seizing it to the Competent Authority and whether or not a prosecution is instituted for commission of such offence, the Competent Authority, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means of conveyance was used for commission of offence under this Act, order confiscation of the said means of conveyance:

Provided that before ordering confiscation of the said means of conveyance a reasonable opportunity of being heard shall be afforded to the owner of the said means of conveyance and if such owner satisfies the C

S.7 Custody and disposal of bovine animal seized

(1) Whenever as a result of search or seizure or as a result of inspection or otherwise the bovine animals are seized, the custody of the seized bovine animals 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 or to a Gaushala or a Gosadan governed under the provisions of the Rajasthan Gaushala Act, 1960 (Act 24 of 1960):

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

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

(3) Any person ag

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 ten years and with fine which may extend to ten 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 rigorous imprisonment for a term which shall not be less than six months but may extend to five years and with fine which may be extend to five thousand rupees.

S.9 Punishment for causing hurt

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

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

(3) Whoever abets the commission of an offence under sub-section (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 bovine animal

(1) Whoever intentionally causes grievous injuries to a bovine animal shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than one year but may extend to seven 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 bull),
• (ii) permanent privation of sight of either eye,
• (iii) permanent privation of the hearing of either ear,
• (iv) privation of any member or joint, Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
• (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 sub-section (1) shall be guilty of abetment of

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 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 such place shall allow the Competent Authority or the 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.

(3) For the purpose of enforcing the provisions of this Act, the Competent Authority or the authorised person, in exercising the powers of entry upon, and inspection of, any place under this section, follow, as far as may be, the provisions of section 100 of the Code, re

S.12-A Power of arrest and seizure

The Competent Authority or any person authorized in writing in that behalf by the Competent Authority may --

• (i) arrest or cause to be arrested any person who in his presence commits an offence punishable under this Act and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer who shall proceed against such person as per law;
• (ii) seize or cause to be seized any means of conveyance being used in commission of an offence publishable under this Act and, without unnecessary delay, shall make or cause to be made a report of seizure to the competent Authority.

1. 12-A inserted in clause 12 of the Act, by The Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) (Amendment) Act, 2018 dated 05.12.2019.

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 (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

The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.

S.16 Amendment of Rajasthan Act No. 4 of 1950

As from the commencement of this Act section 2 and section 3 of the Rajasthan Preservation of Certain Animals Act, 1950 (Rajasthan Act No. 4 of 1950), hereinafter referred as aforesaid Act, shall stand deleted.

S.17 Savings

The deletion of section 2 and section 3 of the aforesaid Act shall not--

• (i) affect any fine penalty or punishment imposed or suffered in respect of any offence committed against the provisions of these sections of the aforesaid Act;
• (ii) affect any investigation or legal proceedings pending in respect of incurring of any liability, imposing of any fine, penalty or punishment or any remedy available on the date of commencement of this Act;
• (iii) affect the previous operation of these sections or anything duly done or suffered thereunder;

and any such investigation, legal proceedings or remedy may be initiated, continued or enforced and any such fine, penalty or punishment may be imposed as if these sections have not been so deleted.