The Madhya Pradesh Pashu (Niyantran) Adhiniyam, 1976

MADHYA PRADESH ACT No. 21 of 1976.

THE MADHYA PRADESH PASHU (NIYANTRAN) ADHINIYAM, 1976

[Received the assent of the Governor on the 9th March, 1976; assent first published in the "Madhya Pradesh Gazette" (Extraordinary), dated the 27th March, 1976.]

An Act to provide in the interests of the general Public for the maintenance and movement of cattle.

Be it enacted by the Madhya Pradesh Legislature in the Twentyseventh Year of the Republic of India as follows:—

(1) This Act may be called the Madhya Pradesh Pashu (Niyantran) Adhiniyam, 1976. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force on such date and in such areas as the State Government may, by notification, appoint and different dates may be appointed for different areas.

In this Act, unless the context otherwise requires,— (a) "cattle", means any of the animals specified in the Schedule; (b) "corporation" means any body corporate constituted or registered under any enactment for the time being in force and includes a company, firm or other association of individuals; (c) "director" in relation to a firm means a partner in the firm; (d) "notified order" means an order notified in the official Gazette.

The State Government may, by notification in the official Gazette, add to or alter or amend the Schedule and on such notification being issued, the Schedule shall be deemed to be amended accordingly.

(1) If the State Government is of the opinion that it is necessary or expedient so to do for the purpose of promoting the public safety or public convenience or public health, it may, by a notified order, prohibit or regulate the keeping, maintaining or movement of any cattle in any particular place or area specified. (2) Without prejudice to the generality of the powers conferred by sub-section (1), and an order made thereunder may provide— (a) for prohibiting or regulating stalling or herding of cattle in regard to the number thereof, and the place to be used for the purpose; (b) for the inspection of the cattle and regulating the construction, dimension, ventilation, lighting, drainage, water supply and sanitary arrangements of the premises or cattle sheds and the occupation of any owner or milk seller following the trade of milk; (c) for establishment or construction of Gwala colonies; (d) for prohibition or regulation of construction of cattle sheds in any specified place or area; (e) for establishment or construction of cattle centres and cattle conversion or Gwala colonies; (f) for any incidental or supplementary matters including the charging of the fee.

(1) An order made under section 4 shall: (a) if it is an order of a general nature or affecting a class of persons, be notified in the Gazette; (b) if it is an order affecting an individual corporation or firm, be served in the manner provided in the Code of Civil Procedure, 1908 (No. 5 of 1908) for the service of summons, in addition to such other means, if any, as may be specified in the order.

The State Government may, by notified order, direct that the power to make orders under section 4 shall be exercised also by such officer or authority, including any such officer or authority sub-ordinate to it, as may be specified in the direction, on such matters and subject to such conditions, if any, as may be specified in the direction.

(1) If any person contravenes any order made under section 4, he shall, on conviction, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) Any Court trying the contravention of an order under section 4 may direct that any cattle in respect of which the court is satisfied that any order has been contravened, and any vehicle or other contrivance which the court is satisfied has been used in carrying such cattle, shall be forfeited to the State Government: Provided that if it appears to the court that such cattle, vehicle or other contrivance belongs to a person other than the person convicted, such cattle, vehicle or other contrivance shall not be so forfeited unless the owner has been given an opportunity of being heard.

Any person who attempts to contravene, or abets a contravention of any order made under section 4 shall be deemed to have contravened that order.

(1) If the person contravening an order made under section 4 is a corporation, every person, who, at the time the contravention was committed, was in charge of, and was responsible to the corporation for the conduct of the business of the corporation as well as the corporation, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section, shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent the commission of such contravention. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a corporation and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the corporation such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(1) No Court shall take cognizance of any offence punishable under this Act, except on a report in writing of the facts constituting such offence made by such officer as may be authorised by the State Government. (2) The State Government or such officer as may be authorised may, either before or after the institution of proceedings for any offence punishable under this Act, accept from any person charged with such offence by way of composition of the offence a sum of money not exceeding rupees one thousand and direct the release of cattle, vehicle or other which have been seized as liable to forfeiture under this Act, on payment of such further sum of money as he may deem fit not exceeding the value thereof estimated by him. (3) On payment of the composition money and additional sum of money, as provided in sub-section (2), the person, if in custody, shall be set at liberty and no further proceedings shall be instituted against such person in any criminal court, the composition shall be deemed to amount to an acquittal and in no case shall any further proceedings be taken against such person, cattle, vehicle or cattle in respect of the same offence. (4) The officer compounding any offence may order for the cancellation of any licence or permit granted under this Act to the offender, or if he is not empowered to do so may recommend to the officer empowered for the cancellation of such licence or permit.

Any Magistrate of the first class may try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) or of law for the time being in force in this behalf being made by the prosecution, and the provisions of sections 262 to 265 of the said Code shall, as far as may be, apply to such trial of any offence punishable under this Act.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 4. (2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 4.

(1) The State Government may, by notification, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) The rules made under sub-section (1) shall be laid on the Table of the Legislative Assembly.