Updated: Friday November 20, 2009/AlJumaa
Thoul Hijjah 03, 1430/Sukravara
Karthika 29, 1931, at 03:13:29 PM
The
(W.P.
Act III of 1963)
C O N T E N T S
Sections
1. Short
title, extent and commencement.
2. Definitions.
3. Restriction
on slaughter of animals.
3-A. Presumptions.
4. Examination
in stock-yard.
5. Prohibition
to cause abortion.
6. Power
to exempt.
7. Power
of entry, search and seizure.
8. Penalty.
8-A. Offences
to be cognizable and bailable.
8-B. Cognizance
of offences.
8-C. Offences
to be tried by whom.
9. Forfeiture.
10. Reward
to informers.
11. Rules.
12. Repeal.
[1][1]The [2][2][
(W.P. Act III of 1963)
[
An
Act to prohibit the slaughter of useful animals and to regulate the slaughter
of other animals in [3][3][the
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][4][the
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called [5][5][the
[6][6][(2) It
extends to the whole of the province of [7][7][the
(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][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:-
(a) “animal” means a bullock,
bull, cow, buffalo, buffalo-bull, [9][9][goat] and sheep of any age;
(b) “Carcass” means the dead
body of an animal [10][10][and includes a part thereof];
(c) “cull” means to pick an
animal which is suitable neither for breeding purposes nor for draught
purposes;
(d) “Government”
means the [11][11][Provincial Government of the
[12][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);]
[13][13][(ee) “meat” means the meat of an animal;]
(f) “prescribed” means
prescribed by rules made under this Act;
[14][14][(ff) “rules” mean 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][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—
(i) a female sheep [16][16][or goat] below the age of one year and six
months;
(ii) a female sheep [17][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;
(iii) any female animal, other
than sheep, [18][18][or goat] below three years of age;
(iv) any female animal, other
than sheep, [19][19][or goat] which is pregnant or in milk or fit
for breeding purposes;
(v) any
female animal, other than sheep [20][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][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][22][and]
[23][23][(vi) any
male sheep or goat below the age of two months;]
(l) “Veterinary Officer” means an officer of the [24][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—
(a) unless
such animal has been approved as hereinafter provided, for slaughter; [25][25][* * *]
(b) except
in a slaughter-house and during the hours prescribed therefor [26][26][;] [27][27][and]
[28][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.
[29][29][(3) No
person shall, directly or indirectly,—
(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.]
[30][30][3-A Presumptions.— In every prosecution under this Act, the
court shall presume—
(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.
[31][31][7. Power of entry, search and seizure.— (1) A Veterinary Officer or any gazetted
officer may—
(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][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][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.
[34][34][12. Repeal.— Section 43 of the Punjab Laws Act, 1872 is
hereby Repealed.]
[1][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.
[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]Substituted
by the
[7][7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]The word “Urban” deleted by
the West Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of 1965).
[9][9]Inserted ibid.
[10][10]Added by the West Pakistan
Animals Slaughters Control (
[11][11]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[12][12]Substituted
by the
[13][13]Added by the West Pakistan
Animals Slaughters Control (
[14][14]Ibid.
[15][15]Substituted by the
[16][16]Inserted by the West Pakistan
Animals Slaughters Control (
[17][17]Ibid.
[18][18]Ibid.
[19][19]Ibid.
[20][20]Ibid.
[21][21]Substituted
by the
[22][22]Added by the West Pakistan
Animals Slaughters Control (
[23][23]Ibid.
[24][24]Substituted
by the
[25][25]The word “and”, deleted by
the West Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of 1965).
[26][26]Substituted ibid., for the colon.
[27][27]Added ibid.
[28][28]Ibid.
[29][29]Added by the West Pakistan
Animals Slaughters Control (
[30][30]Ibid.
[31][31]Substituted by the West
Pakistan Animals Slaughters Control (
[32][32]Substituted by the West
Pakistan Animals Slaughters Control (
[33][33]Sections 8-A to 8-C, added by
the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970
(VIII of 1970).
[34][34]Substituted ibid.
The Punjab Animals Slaughter
Control Rules, 1965
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