'THE ASSAM CATTLE PRESERVATION ACT, 1950

English — official source version

the_assam_cattle_preservation_act,_1951_0_0.pdf.txt

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ASSAM ACT XIII OF 1951 

"'THE ASSAM CATTLE PRESERVATION ACT, 1950 

[PublishcJ in Lhe Assam Gazette, dated the 25th April 1951] 

An Act to provide fo r the preservation of certain cattle by controlling the 
:; laughter thereof 

Whereas it is expedient 10 provide for the preservation of certain cattle 
by controlling the sla ughter th ereof ; 

It is hereby enacted as follows :-
1. Short title., extent mid 1.:-0mmcncemcnt.--( 1) This Act may be called 

the Assam Cattle Preserva tion Act, 1951. 
(2) It cxtenC!s to the wh ole of the State of Assam. 
(3) I t sha ll come into force on such date mtd in such areas as the State 

Governmen t may, by notifi ca tion in the official Gazette. appoint in this behalf. 
2. Applicat!on of l\ ~·t,-· -Th is Act applies to the ca ttle specified ic the 

Schedule. 

''For Statem,:11h of Objects and R.:asons .1ee "Assa m Gazett<:!". 1950. Part V , 
page 4 . 



3. Definitious.-In this Act, unless there is anything repugnant in the sub-
ject or context,- . · 

(i) "cattle" means an animal to which this Act applies ; 
(ii) "certifying officer" means an official or non-official :appointed as such ; 

(iii) "prescribed" means prescribed by rules made under this Act ; . 
(iv) "veterinary officer<' means a person appointed as such or invested · 

with the powers of a veterinary_ otfice.r under section: 4. 
4. Appointment of certifying officer and· veterinary oflicer.-The State 

Government may, for the purpose of issuing certificate under sub-section (1) of 
section 5, by notification in the official Gazette appoint,-

(a) any person to be the certifying officer for any local area, and 
(b) any person to be the veterinary officer for any local area or invest 

any person with all or any of the powers of a veterinary officer in such 
area. 

5. Prohibition of slaughter of cattle without certificate.-(1) Notwith­
standing anything in any other law for the time being in force or in any usage 
to the contrary, no person shall slaughter any cattle unless he has obtained in 
respect thereof a certificate in writing signed by the certifying officer and the 
veterinary officer for the area in which the cattle is to be slaugbtered · that fh.e ' 
cattle is fit for slaughter. . · 

(2) No certificate under sub-section (1) shall be issued unless the certify­
ing officer and the veterinary officer are of the opinion (which shall be recorded) . 
that-

( a) the cattle is over fourteen years of age and unfit for work or breeding; 
or 

(b) the cattle has become permanently incapacitated from work or breed­
ing due to age, injury, deformity or any incurable disease. 

(3) Where there is a difference of opinion between the certifying officer 
and the veterinary officer as to the issue of a certificate under this section, the 
cattle in respec.t of which the certificate has been asked for shall not be slaughtered . . 

(4) Any person aggrieved by the refusal of the certifying officer and the . 
veterinary officer to issue a certificate under this section may, within fifteen days 
from the date of communication to hini of such refusal, appeal to the State . ' 
Government against- the order of refusal, and the State Government may pass 
such orders thereon as it thinks fit. 

(5) The State Government may at any time for the purpose of satisfying 
itself as to the legality or propriety of any action taken under this section, call 
for and examine the record of any case, and may pass such orders thereon as it 
thinks fit. · 

- (6) Subject to the provisions of this section, any action taken under this 
section shall be final and shall not be called in question in . any Court. 

6. Prohibition of slaughter of cattle in places not prescribed for the pur· 
pose.-No cattle in respect of which a certificate has been issued under section 5 • 
shall be slaughtered in any place other than a place prescribed in this behalf. 

7. Power to enter and inspect premises.-(1) For the purpose of enforcing 
the provisions pf this Act, the certifying officer or the veterinary officer or any 
person authorised by the veterinary officer in writing in this behalf, shall have 
po~er to enter and inspect any premises within the local limits of his jurisdiction 
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 anow the certifying officer, the veterinary officer or the 
person authorised, 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 _the certifying officer, the veterinary officer or the person authorised, as the , 
case may be to the best of bis knowledge or belief. 

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8. Penaltics.--Whoevcr contravenes any of the provisions contained in this 
Act shall be punishable wi lit impri sonment for a term which may extend to six 
mon ths, or with line which may extend to one thousand rupees, or with both. 

9. Offences to· be cogoizabk.-Notwithstanding anything contained in the 
Code of Criminal P roced ure, 1898 (Act V of 1898), all offences under this Act 
shall be cognizable. 

10. Abetments and aHempts.-Whoever abets any offence punishable under 
thi s Act or attempts to commit any such offence shall be punished with the 
punishment provided in t his A ct for such offence. 

11 . Ofiicers exercising p owers. under this Act deemed to be public 
servants.- All certifying omcers, veterinary otticers and other persons exercising 
powers under this Act sha ll be deemed to be public servants within the meaning 
of section 21 of til e Indian Penal Code (Act XL V of 1860). 

12. Protedion of persons acting in good faith.-No suit, prosecution or 
other legal proceeding sha ll be inst itu ted aga inst any person for anything which 
is in good faith done or intended to be done under this Act or the rules made 
thereunder. 

13. Power to grant exem1Jtions.-The State Government may, by general 
or special order and subjec t to such conditions as it may think fit to impose, 
exempt from the operation of this Act the slaughter of any cattle for any 
relig;ou s, ceremonial, medicinal, research or any other purposes ; 

Provided that tbe operatio n of this Act will not be applicable to slaughter 
of any cattle on the occasion of Id-uz-Zuha festival on such conditions as the 
State Government may specify regarding privacy. 

14. Delegation of f1.rn1ctions.-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 functi ons und er sub-sections (4) and (5) of section 5, or section 
13. 

15 . Power to m!llirn rules.-(1) The State Government may, by notification 
in the of-Iicial Gazette, make rules to carry out the purposes of this Act. 

(2) In particular and wi thout prejudice to the generality of the foregoing 
power. s uch rules may provide for-

(a) the terms and cond itions of service of the certifying officers and the 
veterin ary officers appointed under this Act ; 

(b) the form a nd manner in which applications for certificates under 
section 5 shall be made ; 

(c) the fees payable for any certificate which may be issued under section 
5 ancl the form of s uch certificates ; 

(d) t he places in which cattle may be slaughtered in pursuance of this 
Act; 

(e) the conditions s ubject to which the slaughter of auy cattle may be 
p ermitted under sec tion 13. 

Bulls. 

Bullocks. 

Cows. 

Calves. 

THE SCHEDlJLF 

(See section 2) 

Male and female buffaloes. 

Buffalo calves .