महाराष्ट्र शासन राजपत्र असाधारण भाग आठ

सप्टेंबर 29, 2020ऑक्टोबर 3, 2018 by Dr. Abdul Samad

महाराष्ट्र विधान मंडळाचे अधिनियम व राज्यपालांनी केलेले अंध्न्यादेश व केलेले विनियम आणि विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद)

In pursuance of clause (3) of article 348 of the Constitutions of India, the following translation in English of Maharashtra Animal Preservation (Amendment) Act, 1995 (Mah. Act No. V of 2015), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

A. SAYEED

Principal Secretary and R.L.A. to Government,

Law and Judiciary Department

MAHRASHTRA ACT NO. V OF 15.

(First published after having received the assent of the president in the “Maharashtra Government Gazette”, on the 4^th March 2015.)

An Act to amend the Maharashtra Animal Preservation Act, 1976

Whereas it is expedient to amend the Maharashtra Animal Preservation Act, 1976, for the purposes hereinafter appearing, It is hereby enacted in the Forty-Sixth of the Republic of India as follows: –

This Act may be called the Maharashtra Animal Preservation short title. (Amendment) Act, 1995.
In the Maharashtra Animal Preservation Act, 1976 (hereinafter Amendment referred to as “the principal Act”), in the long title for the portion beginning of long title with the words “of cows” and ending with the words “agricultural purposes” of Mah. IX the following shall be substituted, namely: –

“and preservation of cows, bulls and bullocks useful for milch, breeding draught or agricultural purposes and restriction on slaughter for the preservation of certain other animals suitable for the said purposes.”

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च ४, २०१५/ फाल्गुन १३, शके १९३६

In the preamble to the principal Act, for the portion beginning with the words “of cows” and ending with the words “agricultural purposes”, the following shall be substituted namely: –

In section 1 of the principal Act, in sub-section (4) after the word “cows” the words, “bulls and bullocks” shall be inserted.
In section 5 of the principal Act-

(a) After the word “cow” the words, “bulls and bullocks” shall be inserted.

(b) In the marginal note, after the word “cows” the words “bulls and bullocks” shall be added.

After section 5 of the principal Act, the following sections shall be inserted namely: –

5A. (1) No person shall transport or offer for transport or cause to be transported cow bull, bull or bullock from any place within the State to any place outside the State for the purposes of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be, so slaughtered.

(2) No person shall export or cause to be exported outside the State of Maharashtra cow, bull or bullock 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.

5B. No person shall purchase, sell or otherwise dispose of or offer to purchase, sell or otherwise dispose of any cow, bull or bullock for slaughter or knowing or having reason to believe that such cow, bull or bullock shall be slaughtered.

5C. Notwithstanding anything contained in any other law for the time being force no person shall have in possession flesh of any cow, bull or bullock slaughtered in contravention of the provisions of this Act.

5D. No person shall have in his possession flesh of cow, bull or bullock slaughtered outside the State of Maharashtra.

In section 8 of the principal Act-

After sub-section (2), the following sub-sections shall be added, namely: –

(3) Any police Officer not below the rank of Sub Inspector or any persons authorised in this behalf by the State Government, may with a view to securing compliance of provisions of sections 5A,5B,5C OR 5D for satisfying himself that the provisions of the said sections have been complied with may

(a)enter, stop and search, or authorise any person to enter, stop and search any vehicle used or intended to be used for the export of cow, bull or bullock.

(b) seize or authorise the seizure of cow, bull or bullock in respect of which he suspects that any provision of sections 5A, 5B, 5C or 5D has been, is being or is about to be contravened, along with the vehicles in which such cow, bull or bullock are found and there after take or authorise the taking of all measures necessary for securing the production of such cow, bull or bullock and the vehicles so seized, in a court and for their safe custody pending such production:

Provided that pending trial, seized cow, bull or bullock shall be handed over to the nearest Gosadan, Goshala Pinjrapole Hinsa Nivaran Sangh or such other Animal Welfare Organizations willing to accept such custodyand the accused shall be liable to pay for their maintenance for the period they remain in custody with any of the said institutions or organizations as per the orders of the court.

(4) The provisions of section 100 of the Code of Criminal Procedure, 1973relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.

(a) for the marginal note, the following shall be substituted, namely: – “Power of entry, search, seizure and custody.”

In section 9 of the principal Act-

(a) for the words “any of the provisions of this Act” the words and figures “the provisions of sections 5, 5A or 5B” shall be substituted;

(b)for the words “six months” the words “five years” shall be substituted;

(d) the following proviso shall be added, namely: – “Provided that except for special and adequate reasons to be recorded in the judgement of the court such imprisonment shall not be of less than six months and such fine shall not be less than one thousand rupees.”

(e) for the marginal note, the following shall be substituted, namely: – “Penalty for contravention of sections 5, 5A or 5B.”.

After section 9 of the principal Act, the following sections shall be inserted, namely:

9A. Whoever contravenes the provisions of sections 5C, 5D or 6 shall on conviction be punished with imprisonment for a term which may extend to one year or fine which extend to two thousand rupees.

9B. In any trial for an offence punishable under sections 9 9A for contravention of the provisions of this Act, the burden of proving that the slaughter, transport, export outside the State, sale, purchase or possession of flesh of cow, bull or bullock was not in contravention of the provision of this Act, shall be on the accrued.

In section 10 of the principal Act-

(a) The words “and non-bailable” shall be added at the end

(b) In the marginal note the words “and non-bailable” shall be added.

In section 11 of the principal Act after the word and figure “section 9” the words, figure and letter “or section 9A” shall be added.
in section 14 of the principal Act-

(a) In clause (a) after the word “cow” the words “bulls and bullock” shall be inserted.

(b) in clause (b), after the word “cow” the words, “bull and bullock” shall be inserted.

In the Schedule appended to the principal to the principal Act, the words “bulls, bullock”, shall be deleted.

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