The DACP Act 1994

(1) This Act may be called the Delhi Agricultural Cattle Preservation Act, 1994. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint in this behalf.

In this Act, unless there is anything repugnant in the subject or context, (a) 'Agricultural Cattle' means an animal specified in the Schedule; (b) 'Competent Authority' means the Director, Animal Husbandry, Government of Delhi; (c) 'Delhi' means the National Capital Territory of Delhi; (d) 'Export' means to take out from Delhi to any place outside it; (e) 'Government' means the Government of the National Capital Territory of Delhi; (f) 'Slaughter' means killing by any method whatsoever and includes maiming or inflicting of physical injury which in the ordinary course will cause death; (g) 'Veterinary Officer' means a person appointed as such or invested with the powers of a Veterinary Officer under Section 3.

The competent authority may, by a general or special order appoint, for the purpose of this Act, any person or class of persons, to be the Veterinary Officer for a local area specified in the order, or invest any person with all or any of the powers of a Veterinary Officer in such area.

Notwithstanding anything contained in any other law for the time being force or in any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any agricultural cattle.

(1) No person shall transport or offer for transport or cause to be transported agricultural cattle from any place within Delhi to any place outside Delhi, for the purpose 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 any agricultural cattle 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. (3) Any person desiring to export any agricultural cattle shall apply for a permit to concerned Veterinary Officer stating the reasons for which they are to be exported and the number of agricultural cattle with age and sex and also the name of the State/union Territory to which they are to be exported.

Whoever contravenes the provisions of section 4, 5 or 7 shall be punished with imprisonment of either description for a term which may extend to five years and fine which may extend to Rs. 10,000. Provided that except for special and adequate reasons to be recorded in the judgement by the court such imprisonment shall not be of less than 6 months and such fine shall not be of less than Rs. 1,000.

Whoever contravenes the provisions of sections 8 or 9 shall be punished with imprisonment of either description for a term which may extend to one year or fine which may extend to Rs. 2,000.

In any trial for an offence punishable under sections 12 or 13 for contravention of the provisions of this Act, the burden of proving that the slaughter, transport, export, sale, purchase or possession of flesh of agricultural cattle was not in contravention of the provisions of this Act, shall be on the accused.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) offences punishable under this Act shall be cognizable and non-bailable.

Competent Authority, Veterinary Officers and other persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860).

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is done by him in good faith or intended to be done under this Act or the rules made thereunder.

The Government shall constitute a Board to supervise the proper implementation of the Act and the rules framed thereunder and the constitution of the Board shall be as under :- (a) Minister-in-Charge of the Deptt. of Animal Husbandry - Chairman (b) Development Commissioner - Member Secretary (c) 3 M.L.A.s to be nominated by the Government - Members (d) 5 Non-official representatives of social and developmental organizations registered under the relevant Acts or the persons actively engaged in looking after the welfare of the animals, to be nominated by the Government - Members (e) 5 Government officials to be nominated by the Government - Members. However, no remuneration, TA or DA will be admissible to non-official members. Govt. may also nominate as Vice Chairman any of the 5 non-official representatives nominated under Section 18(d).

(1) The Government may, by notification, makes rules for the purposes of carrying out the effective implementation of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for (a) the forms and manner, in which applications for permit under Section 5 shall be made and the fees payable in this behalf (b) any other matter which is required to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as it is made, before the Legislative Assembly of the National Capital Territory of Delhi.