[THE MATIAPASIITRA KEEPING AND MOVEMENT or CATTLE IN URBAN AREAS (CONTROL) ACT, 1976.]
After receiving, the assent of the President, first published in the Maharashtra Government Gazette, Part IV, Extraordinary, dated 20th September 1976,
[20th September 1976]
Amended by Mal. 33 of 1977* (29-4-1977)
An Act to provide, in the public interest, for licensing and regulating or prohibiting keeping and movement of cattle in urban areas in the State of Maharashtra.
Whereas, it is necessary to ensure maintenance of public health and. sanitation, which is endangered due to keeping of a large number of mulch cattle in urban areas;
And whereas, it is expedient, in the public Interest, to provide for licensing and regulating or prohibiting keeping and movement of cattle in urban areas in the State of Maharashtra and for matters connected therewith; It is hereby enacted in the. Twenty-Seventh Year of the Republic of India as follows: –
1. (i) This Act may be called the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976.
(ii) extent to the whole of the State of Maharashtra. meat.
(iii) This Act shall, in the first instance, come into force in Greater Bombay and that part of Thane District, which is contiguous to Greater Bombay and is bounded by the Thane and Bassein Creek, on such a date as the State Government may, by nonfiction in the Official Gazette, specify. The State Government may bring this Act into force in such other urban area or areas or parts thereof and with effect frogs such dale or dates as the’ Slate Government may, by notification in the Official Gazette, specify; and different dates may be specified for different urban areas or parts thereof.
2. In this Act, unless the context otherwise requires,
(a) “Appellate Authority” means an officer or authority appointed by the State Government by notification in the Official Gazette, as the Appellate Authority for any urban area or part thereof in which this Act has come into force;
(b) “cattle” means all or any of the animals specified in the Schedule;
(c) “householder” means a person who occupies any premises as his dwelling; (d) ” Inspector ” means one or more officers appointed by the Licensing Officer as Inspector or Inspectors for any urban area or part thereof in which this Act has come into force;
(e) “licence” means a licence granted under this Act;
(f) “Licensing Officer” means one or more officers appointed by the State Government by notification in the official Gazette as the Licensing Officer or Officers for any urban area or part thereof in which this Act has come into force;
(g) “Member of family”, in relation to a householder, means a spouse father, mother, children, servants and other relations (if any) residing with the householder in the same dwelling;
(i) “Permit” means a permit granted under this Act;
(j) “Prescribed” means prescribed by rules;
(k) “Urban” area means-
(i) the area comprising Greater Bombay and that part of Thane District, which is contiguous to Greater Bombay and is bounded by the Thane and Bassein Creek;
(ii) any area within the limits of any Municipal Corporation or Municipal Council constituted under any law for the time being in force and such area contagious thereto as may be declared by the State Government by notification in the official Gazette to be a part of the same urban area for the purpose this Act.
3. After the expiry of a period of 3 months from the date on which this Act comes into force in any urban area or part thereof, no person shall keep or cause to be kept or permit the keeping of any cattle in that area or part, except under and in accordance with the conditions of a licence granted to him under this Act.
4. (i) There shall be two classes of licences, namely: –
(a) a licence granted to a householder in respect of cattle kept on his premises primarily for consumption of milk by himself or members of his family:
Provided that, such licence shall not be granted to any householder in respect of more than three heads of cattle;
(b) a licence granted to any person in respect of cattle kept by him for the purpose of carrying on his trade as dairyman or milk seller.
(ii) Licence referred to in clauses (a) and (b) of sub-section 1 shall be called as Class A Licence and Class B Licences, respectively.
5. (1) Any person intending to have or renew a class A or class B licence shall apply to the licencing officer in the prescribed form and in the prescribed manner such application shall bear a court-fee stamp of two rupees and shall be accompanied by the prescribed licences fee.
(2) On the receipt of such application, the Licensing officer may after holding such inquiry as he deems fit, either grant of renew the lienee or for reasons to be recorded by order refuse to grant to renew the licence.
(3) In granting or renewing or refusing to grant or renew a licence the licencing officer shall inter alia have regard to the following matter, that is to say: –
(a) The number of cattle kept in the locality
(b) The suitability of the area in which cattle are proposed to be kept
(c) the suitability of the stable and the arrangements in the stable for water supply for drinking washing & cleaning
(d) the arrangements for proper rearing of calves
(e) the arrangements for maintenance of cattle during dry period;
(f) any other matters prescribed in this behalf
(4) A licence shall be in the prescribed form and shall be subject to provisions of this Act and the rules and shall be valid for the prescribed period.
(5) where the licencing officer has reason to believe that any person to whom power to a licence has been granted has contravened any provisions of this Act or of the rules suspend or failed to comply with the conditions of licence, the officer may after giving cancel to the person a reasonable opportunity to show cause for reasons to be recorded by order suspend or cancel the licence.
(6) No person shall bring into any urban area or part thereof in which this Act has came into force any cattle from any place outside such area or part except with the prior permission and under and in accordance with the conditions of a permit granted to him by the Licencing officer
Provided that, no such permission and permit shall be necessary in the case of any cattle brought into the area for the purpose of slaughter at any slaughter house maintained or licenced by the local authority of the area or by government or in the case of any cattle passing through the area in the course of their journey to any outside area.
(7) (i) If any person is aggrieved by an order the licencing officer refusing to grant or renew or suspending or cancelling a licence or refusing to grant permission and permit to import cattle in the urban area or part thereof in which this Act has come into force, he may appeal against the order to the Appellate Authority in the prescribed manner. Every appeal under this section shall bear a court-fee stamp of ten rupees and it shall be preferred within thirty days of the date on which the appellant receives intimation of the order against which the appeal is preferred
Provided that, the Appellate Authority may entertain any appeal after the expiry of the period of thirty days aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
(ii) On receipt of any such appeal, the Appellate Authority may after making such inquiry as may be necessary and giving reasonable opportunity to the appellant to be heard, pass such order as it thinks fit.
(iii) where an appeal is preferred under sub-section (i). the Appellate Authority may stay the enforcement of the order of the licencing officer for such period and on such conditions as it thinks fit.
(8) Every order made by the Licensing Officer subject to an appeal to the Appellate Authority and every order made by the Appellate Authority on any such appeal shall be final and shall not be called in question in suit or other proceeding; Appellate and no stay or injunction shall be granted by any court, Tribunal or other authority in respect of any order made or or to be made or any action taken or to be taken by the Licensing Officer or the Appellate Authority in exercise of the powers conferred on them by or order this Act.