The Odisha Prevention of Cow Slaughter Act, 1960

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

ORISSA ACT 5 OF 1961

AN ACT TO PROHIBIT AND PREVENT THE SLAUGHTER OF COW AND ITS PROGENY IN THE STATE OF ORISSA

Be it enacted by the Legislature of the State of Orissa in the EleventhYear of the Republic of India as follows:

(1) This Act may be called the Orissa Prevention of Cow Slaughter Act, 1960. (2) It extends to the whole of the State of Orissa. (3) It shall come into force at once

In this Act, unless there is anything repugnant in the subject or context: (a) "Competent authority" means the person or persons appointed in this behalf by the Government by Notification to exercise the powers and perform the functions of a competent authority under this Act or the rules made thereunder for such area or areas and for such period as may be specified in the Notification; (b) "Cow" includes heifer or calf; (c) "Government" means the State Government of Orissa; (d) " Prescribed" means prescribed by rules made under this Act; (e) "Slaughter" means killing by any method whatsoever and includes maiming and inflicting of physical injury which in the ordinary course will cause death; and (f) "Uneconomic cow" includes an infirm cow or a cow which is permanently disabled or diseased.

( 1) Notwithstanding anything contained in

( 1) Nothing in Section 3 shall apply to the slaughter of a cow,bull or bul- lock: (a) which is suffering from any contagious or infectious disease notified as such by the Government ; or (b) which is subjected to experimentation in the interest of medical and public health research; where the slaughtering is done in accordance with the conditions and circum- stances to be prescribed. (2) Where a cow, bull or bullock is slaughtered for the reasons stated in Clause (a) of Sub- section ( 1), the person, who slaughters or causes to be slaughtered such cow, bull or bullock shall, within twenty-four hours of the slaughter, lodge information of the same at the nearest police- station or before such officer or authority as may be prescribed. (3) The carcass of the cow, bull or bullock slaughtered under Clause ( a) of Sub- section ( 1 ) shall be buried or disposed of in such manner as may be prescribed.

( 1) The Government or a local authority, as the case may be, may levy such charges or fees as may be prescribed for keeping uneconomic cows in the institutions. (2)The owner of the uneconomic cow shal be liable to pay the said charges or fees in the prescribed manner. (3) Dues payable under this Section shall, without prejudice to any other mode of recovery be recoverable as arrears of land revenue.

(1) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of Section 3 shall be guilty of an offence punishable with rigorous imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. (2) Whoever fails to lodge information in accordance with the provisions of Sub- section ( 2) of Section 4 shall be guilty of an offence punishable with fine which may extend to two hundred rupees or with both. (3) Where in any trial of an offence punishable under Sub-section ( 1) or Sub- section ( 2) the accused pleads that the slaughtered cow, bull or bullock belonged to the class speficied in Clause (a) of Sub- section (1) of Section 4, the burden of proving the said fact shall be on the accused.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1998 ), an offence punishable under Sub-section ( 1 ) of Section 7 shall be cognizable.

(1) The Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for : (a) the conditions and the circumstances under which cows, bulls and bullocks are to be slaughtered under Sub-section ( 1 ) of Section 4; (b) form of certificate, and the procedure for disposal of the applications and appeals under Section 3; (c) the manner in which the information shall be notified under Clause (a) of Sub-section ( 1) of Section 4; (d) the manner in which the information shall be lodged under Sub- section ( 2) of Section 4; (e) the matters relating to the establishment, maintenance, management, supervision and control of institutions referred to in Section 5; (f) the duties of any officer or authority having jurisdiction under this Act, theprocedure to be followed by such officer or authority; and (g) any other matter which is to be or may be prescribed.