Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005
No: 11 Dated: Dec, 07 2005
The Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005
(Jharkhand Act No. 11 of 2005)
An Act to Prohibit the Slaughter of Cow and its Progeny in Jharkhand.
Be it enacted by the Jharkhand Legislature in the fifty sixth year of Republic of India as follows:-
1. Short title, extend and commencement. - a. This act may be called the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
b. It extends to the whole of the State of Jharkhand;
c. It shall come into force from the date the State Government may, by notification in the official Gazette; notify.
2. Definition. - in this Act, unless the context otherwise requires :-
a. "beef" means flesh or Bovine animals;
b. "Bovine animal" means and includes cow, calf, heifer, bull or bullock;
c. "bull" means an uncastrated male above the age of three years belonging to the species of Bovine animals;
d. "bullock" means a castrated male above the age of three years belonging to the species of Bovine animals;
e. "calf" means a castrated or uncastrated male of the age of three years or below belonging to the species of Bovine animals;
f. "cow" means a female above the age of three years belonging to the species of Bovine animals;
g. "heifer" means a female of the age of three years or below belonging to the species of Bovine animals;
h. "slaughter" means and includes international killing for any purpose by any method what so ever, it also includes as such type of bodily injury or disability which may cause death in ordinary course of nature but should not mean or include accidental killing or killing in bonafide self defence;
i. "export" means to take out of the state of Jharkhand to any other place out of the state of Jharkhand;
j. "competent authority" means any officer not below the rank of sub-divisional Magistrate who may be authorized by the state Government by notification in the official Gazette, for the purpose of this Act;
k. "code" means the code of criminal procedure, 1973 (2 of 1974).
l. "veterinary officer" means veterinary officer of Jharkhand Animal husbandry Services who may be authorized by the State Government by notification in the official Gazette.
m. "appealing authority" means any officer not below the rank of deputy commissioner, who may be authorized by the State Government by notification in the official' Gazette,
3. Prohibition of slaughter of bovine animal. - A. not withstanding 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 slaughter or offer or cause to be offered for slaughter any bovine animal;
B. The State Government may by general or special order and subject to such condition as it may think fit to exempt any person or institute from the operation of this act as allow the slaughter of any bovine animal or the possession of flesh thereof for any medical or research purpose;
4. Prohibition on transport of bovine animal for slaughter. - No person shall transport or offer for transport or cause to be transported bovine animals 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 slaughtered;
4A. Restriction on export. - No person shall export or cause to be exported any bovine animals 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.
4B. Permit for export. - (1) Any person desiring to export any bovine animal shall apply for a permit to such officer, as the State Government may be notification appoint in this behalf, stating the reasons for which they are to be exported and also the number of bovine animals and the name of the State to which they are proposed to be exported and shall also file a declaration that it shall not be slaughtered.
(2) The officer appointed under sub-section (1) shall after satisfying himself about the genuineness or otherwise of the request of the application either grant or refuse to grant him a permit for the export of any bovine animal specified in the application.
Provided that an application for the the grant of a permit shall not be refused unless the application has been afforded an opportunity of being heard and the reasons for the refusal are recorded;
Provided further that the permit shall not be granted for export of any bovine animal to a State where cow slaughter is not banned by law.
4C. Special Permits. - The State Government may issue special permits for transport or export of bovine animals if it is of the opinion that it will be in the public interests to do so.
4D. Transit Permits. - Any person who wants to transport any bovine animal from one State to other via Jharkhand State must take transit permit from competent authority notified by the Government from time to time.
5. Prohibition of sale, purchase or otherwise disposal of bovine animals. - No person shall sell or otherwise dispose of or offer to purchase ,sell or otherwise dispose of or cause to be purchased ,sold or otherwise dispose bovine animals for slaughter or knowing reason to belief that such cattle shall be slaughtered.
6. Prohibition on possession of bovine animal flesh. - Notwithstanding anything contained in any other law for the time being in force, no person shall have in his possession of flesh of bovine animals slaughter in contravention of the provisions of this Act.
7. Prohibition of sale of bovine animals flesh. - Notwithstanding anything contained in any other law for the time being in force, no person shall sell or offer for sale or cause to sold bovine animals' flesh or its product in any form which has been slaughtered in contravation of the provision of this act.
8. Establishment of Institutions. - There shall be established by the Government or by any local authority, when so directed by the Government, institutions for the reception, maintenance and care of uneconomic cows, or the State Government may declare any existing Institution as an Institution established under this Act.
9. Levy of charges and fees. - The State Government, or the local authority, if so authorized, may levy such fees as may be prescribed for care and maintenance of uneconomic cows in the institutions.