Bare Act
The Madhya Pradesh Govansh Vadh Pratisedh Adhiniyam, 2004
1. Short title, extent and commencement
(1) This Act may be called the Madhya Pradesh Govansh Vadh Pratisedh Adhiniyam, 2004. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force from the date of its publication in the "Madhya Pradesh Gazette".
2. Definitions
In this Act, unless the context otherwise requires,— (a) "Competent Authority" means a person appointed by the State Government by notification to perform in any local area specified therein, the functions of a Competent Authority under this Act; (b) "Goshala" means any house, institution registered under any law for the time being in force, established for the purpose of keeping, breeding and rearing of cow progeny or for the purpose of reception, protection, care, maintenance and treatment of infirm, aged and diseased cow progeny; (c) "Beef" means flesh of cow progeny whose slaughter is prohibited under this Act; (d) "Slaughter" means killing by any method whatsoever and includes maiming or inflicting physical injury which in the ordinary course will cause death;
3. Appointment of Veterinary officer
The State Government may, by notification, appoint such persons as it thinks fit, having such qualifications as may be prescribed, to be Veterinary officers for the purposes of this Act within such local limits as may be assigned to them by the State Government. No person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter of any cow progeny.
4. Prohibition on possession of beef
No person shall have in his possession beef of any cow progeny slaughtered in contravention of the provisions of this Act.
5. Prohibition on transport of cow progeny for slaughter
No person shall transport or offer for transport or cause to be transported any cow progeny from any place within the state to any other place within the state or to any place outside the state, for the purpose of its slaughter in contravention of the provision of this Act or with the knowledge that it will be or is likely to be slaughtered.
6. Strengthening of institutions
(1) The State Government shall take necessary steps for strengthening of institutions which are engaged in welfare of cow progeny. (2) The person incharge of the institution may levy such charges as may be prescribed, for care and maintenance of infirm, aged and diseased cow progeny from their owners.
7. Power to search and seize
(1) The Competent Authority, the veterinary officer or any person authorised by the competent authority or the veterinary officer, within the limits of his jurisdiction, who has reason to believe that an offence under this Act has been, is being or is likely to be committed, may search and seize the cow progeny and beef. (2) The provisions of section 100 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this section. (3) The Competent Authority, the veterinary officer or any person authorised by the competent authority or the veterinary officer, shall have power to stop the vehicle for the purpose of checking and search of any such premises as is specified in sub-section (1).
8. Penalty for contravention of Section 3, 4 and 5
Whoever contravenes the provisions of Section 3, 4 and 5 shall be punished with imprisonment of either description for a term which may extend to three years or with a fine which may extend to Rs. 10,000 or with both.
9. Offences to be cognizable and non-bailable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) all offences under this Act shall be cognizable and non-bailable.
10. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall be instituted against any person authorised by the competent authority and other persons exercising powers under this Act for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
11. Officers exercising powers under this Act deemed to be public servants
The Competent Authority and the veterinary officer 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 (No. 45 of 1860).
12. Power to make rules
The State Government may, after coming into force of this Act, make rules for the purposes of this Act.
13. Power to remove difficulty
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty.
14. Repeal and saving
The Madhya Pradesh Govansh Vadh Pratisedh Adhyadesh, 2004 (No. 1 of 2004) is hereby repealed: Provided that the repeal shall not effect (i) the previous operation of the Ordinance so repealed or anything duly done or suffered thereunder; (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the said Ordinance; (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Ordinance; (iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
PDF: pending for this language.