Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 02:36:20 PM
[1][1]The [2][2][
(W.P. Ordinance XLII of
1959)
[
An
Ordinance to restrict the number of goats in [3][3][the
Preamble.— WHEREAS it is expedient in the public
interest to restrict the number of goats in the province of [4][4][the
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title and extent.— (1) This Ordinance may be called the [5][5][
(2) It extends to the whole of the province
of [6][6][the
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say,---
(i) “Government” means the [9][9][Provincial Government of the
(ii) “prescribed” means
prescribed by rules made under this Ordinance;
(iii) “slaughter-house” means
any building premises or place used in connection with the business of killing
or slaughtering animals intended for human consumption, and shall include a
public slaughter-house maintained by a local authority and a private
slaughter-house duly licensed for that purpose under any law for the time being
in force.
3. Restriction on grazing etc., of goats.— Government may, by notification[10][10], declare that in any specified area,
hereinafter referred to as local area it shall be unlawful—
(a) after twelve months of the publication of the
notification, to graze or pasture goats on any land; and
(b) after eighteen months of the publication of
the notification, to keep goats:
Provided
that Government may in any area permit the keeping of goats subject to such
conditions as may be prescribed.
4. Power to regulate movement of goats.— Government may in such manner as may be
prescribed regulate[11][11] the leading, driving, conducting or
conveying of goats in any local area.
5. Power to regulate slaughter of goats.— Government may in such manner as may be
prescribed regulate the slaughter of goats including the proportion of the
goats to the sheep that may be slaughtered in a slaughter-house on any day.
6. Penalty.— Any person who contravenes the provisions of
section 3, section 4 or section 5 or such of the rules made under this
Ordinance as may be specified shall be punished with imprisonment which may
extend to six months, or with fine which may extend to five hundred rupees, or
with both, and in addition thereto the goat concerned in the offence shall be
forfeited to Government.
7. Offences to be cognizable and
bailable.— Notwithstanding
any thing contained in the Code of Criminal Procedure, 1898[12][12], an offence punishable under this Ordinance
shall be cognizable and bailable within the meaning of the said Code.
8. Power of certain officers to arrest
offender.— (1) Any officer
specially empowered by Government in this behalf may, without order from a
magistrate and without a warrant, arrest any person committing an offence under
this Ordinance or the rules made thereunder and may seize the goat concerned in
the offence.
(2) The officer making an arrest under
sub-section (1) shall, without unnecessary delay and subject to the provisions
of this Ordinance as to release on bond, take or send the person arrested and
such goat to the nearest police station.
9. Person arrested and goats seized to be
released on bond.— (1) Any
officer making an arrest under sub-section (1) of section 8 shall release such
person on his executing a bond to appear, when so required, before the officer
incharge of the nearest police station.
(2) Where any officer, as aforesaid, has
seized any goat, he shall release it to the person from whose possession it was
seized or to the owner thereof on his executing a bond for producing it before
the officer incharge of the nearest police station.
10. Power to try the offence summarily.— An offence under this Ordinance shall be
summarily triable and in such proceedings the provisions for summary trial
prescribed in the Code of Criminal Procedure, 1898[13][13], shall apply.
11. Protection of action taken under the Ordinance.— No suit shall lie against any officer for
anything done by him in good faith under this Ordinance.
12. Power to make rules.— (1) Government may, after previous
publication, make rules[14][14] to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) procedure for application of this Ordinance to
any local area;
(b) conditions and procedure for permission to
keep goats in a local area;
(c) regulation of the leading, driving, conducting
or conveying of goats in or through a local area;
(d) regulation of the proportion of goats and
sheep slaughtered in a slaughter-house; and
(e) maintenance
of records and submission of return relating to slaughter of goats and sheep.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 16th July, 1959; published in
the West Pakistan Gazette (Extraordinary), dated 18th July, 1959, pages 689-92;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]The words “the Federal
Capital and” omitted by the West Pakistan Goats (Restriction) (Amendment)
Ordinance, 1961 (XXVII of 1961).
[8][8]Substituted, for the words
“the Special Areas” by the West Pakistan Laws (Adaptation) Order, 1964.
[9][9]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[10][10]For notification under this
section see Gazette of West Pakistan,
1959 Extraordinary, p. 1921.
[11][11]For routes along which goats
moving or conducted from Azad Kashmir shall move or be conducted see Gazette of West Pakistan
(Extraordinary), dated
[12][12]V of 1898.
[13][13]Ibid.
[14][14]For the West Pakistan Goats
(Restriction) Rules, 1961, see Gazette
of West Pakistan, dated
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