Tamil nadu act 032 of 1950 : Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950

Preamble

1[Tamil Nadu] Animals and Birds Sacrifices Prohibition Act, 1950*

[Tamil Nadu Act No. 32 of 1950]2[19th December, 1950]

An Act to prohibit the sacrifice of animals and birds in or in the precincts of Hindu temples in the 3[State of Tamil Nadu].

Whereas it is expedient to prohibit the sacrifice of animals and birds in or in the precincts, of Hindu temples in the 3[State of Tamil Nadu]; It is hereby enacted as follows:-

1. These words were substituted for the word "Madras" by the Timil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2. For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 13th January, 1948, Part IV-A, page 3.

This Act was extended with modifications to the Kanyakumari ??? and the Shencottah taluk of the Tirunelveli district by section 9 of the Tamil Nadu (Transferred Territory) Extension of laws Act, 1957 (Tamil Nadu Act XXII of 1957).

3. This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Received the assent of the Governor on the 12th December, 1950 first published in the Fort St. George Gazette on the 19th December, 1950

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the 1[Tamil Nadu] Animals and Birds Sacrifices Prohibition Act, 1950.

(2) It extends to the whole of the 3[State of Tamil Nadu].

*(3) This section shall come into force at once; and the rest of this Act shall come into force on such date as the State Government may, by notification in the † Fort St. George Gazette, appoint.

1. These words were substituted for the word "Madras" by the Timil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

3. This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

* Section 1 came into force on the 19th December, 1950; the rest of the Act came into force on the 1st June, 1951.

† Now the Tamil Nadu Government Gazette.

Section 2. Definition

2. Definition.- In this Act unless there is anything repugnant in the subject or context-

(a) "precincts" in relation to a templce, includes all lands and buildings near a temple, whether belonging to the temple or not, which are ordinarily used for purposes connected with the worship whether conducted pside the temple or outside and in particular the maudapams, prafcarams, back-yaras and front-yards of the temple by whatever name called, and also the ground on which the temple car ordinarily stands;

(b) "sacrifice" means the killing or maiming of any animal or bird for the purpose or with the intention, of propitiating any diety;.

1[(c) "temple" means, in any area in the State elsewhere than in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defined in section 6, clause (17) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951), and in any area in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defined in section 2, clause (1), of the Travanoore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950)].

1. This clause was Substituted for the original clause (c) by section 9(4) of the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957).

In so far as this Act applied to the added territories, this clause was ??? bstituted for the original clause, (c) by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962).

Section 3. Sacrifice in ample or its precincts Prohibited

3. Sacrifice in ample or its precincts Prohibited.- No person shall sacrifice any animal or bird in any temple or its precincts.

Section 4. Officiating at sacrifice etc., prohibited

4. Officiating at sacrifice etc., prohibited.- No person shall-

(a) officiare or offer to officiate at, or

(b) perform or offer to perform, or

(c) serve, assist or participate, or offer to serve aisst or participate in,

any sacrifice in any temple or its precincts.

Section 5. Temple or its precincts not to be allowed to be used for sacrifice

5. Temple or its precincts not to be allowed to be used for sacrifice.- No person shall knowingly allow any sacrifice to be performed at any place which-

(a) is situated within any temple or its precincts; and

(b) is in his possession or under hiss control.

Section 6. Penalties

6. Penalties.- (1) Whoever contravenes the provions of section 3 shall be punished with fine which may extend to three hundred rupees.

(2) Whoever contravenes the provisions of section 4 shall be punished with fine which may extend to three hundred rupees:

Provided that if the offender is an officer, servant, authority trustee or priest of the temple or the holder of an office in receipt of emoluments or perquisites for the performance of any service in the temple, he shall be punished with simple imprisonment for a turn which may extend he three months or with fine which may extend to three hundred rupees or with both.

(3) Whoever contravenes the provisions of section 5 shall be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to three hundred rupees or with both.

Section 7. Enquiry and trial

7. Enquiry and trial.- No offence punishable under this Act shall be inquired into or tried by any Court inferior to that of * Presidency Magistrate or a Magistrate of the first or second class.*

* According to clauses (a), (b) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st April, 1974, any reference to a Magistrate of the first class shall be construed as a reference to a Judicial Magistrate of the first class and any reference to a Magistrate of the Second class shall be construed as a defence to a Judicial Magistrate.

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