(W.P. Act III of 1963)
[17 April 1963 ]
An Act to prohibit the slaughter of
useful animals and to
Preamble.– WHEREAS it is expedient to prohibit
the slaughter of useful animals and to regulate the slaughter of other animals
in the province of [4][the Punjab ];
It is hereby enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called [5][the Punjab ]
Animals Slaughter Control Act, 1963.
(3) This
section shall come into force at once and the remaining provisions of the Act
or any of them shall come into force in such [8][* * *] area and on such date as
Government may, by notification in the official Gazette, specify in this
behalf.
2. Definitions.– In this Act, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say–
[9][(a) “animal” means a bull, bullock, buffalo,
buffalo-bull, camel, cow, goat, ostrich, sheep or any other halal animal of any
age domesticated in captivity;]
(c) “cull”
means to pick an animal which is suitable neither for breeding purposes nor for
draught purposes;
[12][(e) “Local Authority” means an
urban local council constituted under the Punjab Local Government Ordinance,
1979 (VI of 1979) or a Cantonment Board established under the Cantonments Act,
1924 (II of 1924);]
(f) “prescribed”
means prescribed by rules made under this Act;
(g) “slaughter”
means to kill animals by any means;
(h) “slaughter-house” means any building or
premises used for slaughtering animals and approved by the local authority
concerned;
(i) “stock
yard” means any enclosure, approved by a local authority where animals are
assembled for examination by the Veterinary Officer to determine whether they
are suitable for slaughter or not, or where animals approved for slaughtering
are housed until they are removed to the slaughter-house;
[15][(j) “area”
means an area which the Government may, by notification in the official
Gazette, declare to be an area for the purposes of this Act;]
(k) “useful
animal” means–
(ii) a
female sheep [17][or goat] of the age exceeding one
year and six months but not exceeding four years, which is pregnant or fit for
breeding purposes;
(iv) any
female animal, other than sheep, [19][or goat] which is pregnant or in
milk or fit for breeding purposes;
(v) any
female animal, other than sheep [20][or goat] between three to ten years
of age, which is fit for draught purposes;
but
does not include any such animal which on account of culling, injury, illness
or other cause, is certified in writing by a Veterinary Officer or any gazetted
officer of the [21][Livestock and Dairy Development
Department] as not likely to live or as no longer a useful animal for the
purposes of this Act; [22][and]
(l) “Veterinary
Officer” means an officer of the [24][Livestock and
Dairy Development Department], not below the rank of a Veterinary Assistant
Surgeon, and includes an Officer-in-charge of a slaughter-house, provided that
such officer-in-charge possesses a degree or diploma from a recognised
Veterinary or Animal Husbandry College.
3. Restriction
on slaughter of animals.–
(1) No person shall slaughter a useful animal.
(2) No
person shall slaughter an animal–
[28][(c) on Tuesday and Wednesday
or on such other day or days as Government may by notification in the official
Gazette, specify in this behalf:]
Provided that nothing contained in
this section shall apply to the slaughter of any animal–
(i) by
a Muslim on the day of Eid-ul-Azha and the two succeeding days; or
(ii) which on account of illness, injury or other
cause is likely to die before it can be presented to the officer-in-charge of
slaughter-house.
(a) sell,
keep, store, transport, offer or expose for sale, or hawk any meat or carcass
of any animal which has not been slaughtered in a slaughter-house and does not
bear the stamp or mark of the slaughter-house prescribed by the local authority
in this behalf; or
(b) sell
or cause to be sold any meat at a place other than that set apart or approved
for this purpose by the local authority.]
(a) that
any meat or carcass found in possession of any person who is, or has been, habitually
selling, keeping, storing, transporting, offering or exposing for sale, or
hawking the meat or carcass, was being sold, kept, stored, transported, offered
or exposed for sale, or hawked, as the case may be, by such person;
(b) that
any meat or carcass which does not bear the stamp or mark of a slaughter-house
has not been slaughtered in a slaughter-house or during the hours prescribed
therefor; and
(c) that
any person who is in possession of the premises where an offence under this Act
has been or is being committed by another person has abetted that offence.]
4. Examination
in stock-yard.–
(1) Any person intending to slaughter an animal in slaughter-house shall
produce the animal in the stock yard for examination at any time during the
hours fixed by the local authority concerned for inspection.
(2) After
examination of any such animal, the Veterinary Officer may approve it for
slaughter:
Provided that no useful animal shall
be so approved.
(3) Any
person aggrieved by a decision of the Veterinary Officer may, within
twenty-four hours of such decision, prefer an appeal from such decision, to
such authority as may be prescribed.
(4) Subject
to the decision of the appellate authority the decision of the Veterinary
Officer shall be final.
5. Prohibition
to cause abortion.–
No person shall voluntarily cause a pregnant sheep mis-carry or induce
premature birth of its young.
6. Power
to exempt.–
Government may, under special circumstances subject to such conditions as it
may deem fit to impose, exempt any person or class of persons from all or any
provisions of this Act.
(a) enter
and search a slaughter-house or any other premises where he has reason to believe
that an offence under this Act or rules has been, is being or is about to be
committed, and may seize any animal, carcass or meat, in respect of which such
offence has been, is being or is about to be committed, as the case may be; and
(b) arrest
or cause to be arrested any person who, in his view, commits any offence under
the provisions of this Act or the rules.
(2) A
Veterinary Officer or a gazetted officer arresting or causing the arrest of any
person, or seizing or causing the seizure of any animal, carcass or meat shall–
(a) without
unnecessary delay, and subject to the provisions of clause (b) and clause (c)
as to release on bond, take or send the person arrested or the animal carcass
or meat seized to the police-officer alongwith a report, in writing, stating
facts constituting the offence for which such person has been arrested or such
animal, carcass or meat has been seized;
(b) release
such person on his executing a bond to appear, when so required, before the
police-officer; and
(c) release
such animal to the person from whose possession it has been seized or to the
owner thereof on his executing a bond to produce it, when so required, before
the police-officer.
Explanation– In sub-section (2)
“police-officer” means the officer-in-charge of the nearest police-station.]
[32][8. Penalty.– (1) Whoever contravenes any
provision of this Act (other than the provisions of clause (c) of sub-section (2) of section 3) or
the rules shall, on first conviction, be punished with imprisonment for a term
which may extend to one month, or with fine which shall not be less than one
hundred rupees or with both and, on second or subsequent conviction, with
imprisonment which may extend to six months, or with fine which shall not be
less than two hundred rupees or with both.
(2) Whoever
contravenes the provisions of clause (c) of sub-section (2) of section 3 shall
be punished with imprisonment which may extend to three years, or with fine
which shall not be less than three hundred rupees, or with both, and the court
trying the case relating to such contravention shall direct that any animal
slaughtered in contravention of the provisions of that clause shall be
forfeited to the Government.
(3) An
attempt to contravene any provision of this Act or the rules and an abetment of
such contravention shall be punished as an offence under this Act.]
[33][8-A. Offences to be cognizable and bailable.– Notwithstanding anything contained
in the Code of Criminal Procedure, 1898, an offence punishable under this Act
or the rules shall be cognizable and bailable within the meaning of the said
Code.
8-B. Cognizance of offences.– No court shall take cognizance of
any offence punishable under this Act or the rules except on a report, in
writing, of the facts constituting such offence made by a Veterinary Officer or
a gazetted officer.
8-C. Offences to be tried by whom.– No court inferior to that of a
magistrate of the first class shall try any offence punishable under this Act
or the rules.]
9. Forfeiture.– The court
trying an offence under this Act may direct that any animal, carcass or meat in
respect of which the court is satisfied that an offence under this Act has been
committed, be forfeited to Government.
10. Reward to informers.– The court trying an offence under
this Act may direct that an amount not exceeding twenty per cent of such sum as
may be realized by way of fine or under section 517 of the Code of Criminal
Procedure, 1898, (V of 1898), on account of the sale or disposal otherwise of
the animal, carcass or meat in respect of which an offence under this Act has
been committed, be awarded to the person or persons supplying information
relating to the commission of the offence.
11. Rules.– Government may frame rules–
(i) to
regulate the procedure for the disposal of animals, carcass or meat seized
under this Act; and
(ii) generally
to give effect to the provisions of this Act.
[1]For statement
of objects and reasons, see Gazette of West Pakistan, 1963 (Extraordinary),
pp.4342-43.
This Act was passed by the West Pakistan
Assembly on 30th March, 1963; assented to by the Governor of West Pakistan on
12th April, 1963; and, published in the West Pakistan Gazette (Extraordinary),
dated 17th April, 1963, pages 1609-1612.
[10]Added by the West Pakistan Animals Slaughters Control (Punjab
Amendment) Ordinance, 1970 (VIII of 1970).
[11]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “Government of West Pakistan ”.
[12]Substituted
by the Punjab Animals Slaughter Control
(Amendment) Ordinance, 1982 (VII of 1982).
[13]Added by the West Pakistan Animals Slaughters Control (Punjab
Amendment) Ordinance, 1970 (VIII of 1970).
[14]Ibid.
[15]Substituted
by the West Pakistan Animals Slaughter
(Amendment) Ordinance, 1965 (XXIV of 1965).
[16]Inserted by the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[17]Ibid.
[18]Ibid.
[19]Ibid.
[20]Inserted by the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[21]Substituted
by the Punjab Animals Slaughter Control
(Amendment) Ordinance, 1982 (VII of 1982).
[22]Added by the West Pakistan Animals Slaughters Control (Punjab
Amendment) Ordinance, 1970 (VIII of 1970).
[23]Ibid.
[24]Substituted
by the Punjab Animals Slaughter Control
(Amendment) Ordinance, 1982 (VII of 1982).
[25]The word “and”, deleted by the West Pakistan Animals Slaughter (Amendment)
Ordinance, 1965 (XXIV of 1965).
[26]Substituted ibid., for the colon.
[27]Added ibid.
[28]Ibid.
[29]Added by the West Pakistan Animals Slaughters Control (Punjab
Amendment) Ordinance, 1970 (VIII of 1970).
[30]Ibid.
[31]Substituted by the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[32]Ibid.
[33]Sections 8-A
to 8-C, added by the West Pakistan Animals Slaughters Control (Punjab
Amendment) Ordinance, 1970 (VIII of 1970).
[34]Substituted by the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
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