t_
GOVHRNMTNT
SII{KIM
EXTRAORDINANY
PUBLISHED BY AUTHOFIITY
GAZETTH
No- 457 Gangtok Thursday 21ut $ePtember, 2017
GOVENNMTNT OF SIKKIM
LAW DEPAHTMENT
GANGTOK
No. 17lLD/17 Dated: 21.09.?017 i
NOTIFICATION
The following ;{ct passod by the $ikkim Legislative Asser.nbly and having received assent of the Govirnor onglh rlay of September,7QlT is hereby pubiished for general information:-
, THE SIKKIM PREVEIITIOI'I OT COW SI.AUGFITER AST,2017
{ACT r'10. 17 QV 20171
AN
ACT
to prohibit and preventthe slaughter of cow and of $ikkim.
Legislature oi sikkim in ihe sixty-eighth Year of the FepublicoiBE it enaeted bY the lndia as follaws:-
$hart title,1
extentand
commencernenl
Definition2
{1)
{2\
(rl
ln this
{a)
its female prCIgeny in the $tate
This Act rnay be cailed the Sikkirn Prevention of
Cow $laughter Act, 2017.
It extends to the whole of Sikkim.
It shall come into force at onee^
Act, u:nless the context olherwise:-
"sompetent authority" rneans the person or persons appointed in this behalf by the Governn':ent hy notification to exercise the pow€rs and perform the functions oia compCItsnt authority under this Act r:r ihe rulesmade thereunder for such area or arsa$ al"td for such period as may be speclfied in the notification;
(b) "cow" includes milking cow, dry cow, heifer, call; /ht\l'&'''
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Prohibition of cow slaughter Appointment and functions ol Gornpetent Anthority
{c} "Governmsnt" rneans the $tate Governrnent of Sikkim; {d) "prescribec}" rnoans prescribed by rules rnade under ilris A,ct;
(e) "slaughtel' means killing of an animal; {t) "unproductive cow" includes a cow which is permanenily cjisabled, diseased, old aged cow, a cow which is permanentiy anos$trus,
Notwithstanding anything contained in any other law far the tirne being in force or any usage or custom tc the contrary and excepi as hereinafter provided, no person shail, at any place within the $tate of sikkim slaughter or cause to be slaughtered, or of{er or cause to be offered for slaughter, a cow.
(1) The $tate Governnrent may, by notificaticn in the Official Gazette, appoint a person or a bcdy o{ persons to perform the functions of a Competent Autharity under this Act for suqh local area as may be specified in the notification. (?) Notwithstanding anything contalned in any other law for the lime being in force or any usage to the contrary, no person silall staughter or eause to be slaughter*,rJ a cow unles$, he obtains in reopect oi such cow a certificate in writing from the eompetent Authority appointed {or that area, where the cow is to be slaughtered,
(3) The State Gcvernment rnay, at any time far the purpose cf satisfying itsell as to the legality or propriety of any order passed by a Cornpetent Authority granting or refusing to grant any certiiicate under this' section, call ior ancJ examine the reeords of the ease and rnay pass suclr ord*r iR refersnce thereto as it thinks fit.
(4) A cerlifieate under this section shall he granted in such forrn and on payrnent ol such fees as may be prescribed.
(5) Any order passed by the Conrpetent Authority granting or re{using to grant a cerlificate, and any order passed by the state Governrnont uneier sub- section {3) shall be iirral and shall not be calied in question in any Cour"t.
(s) No anirnal in respect o{ which a certificate has been issued under this section shall be slaughtered in any place other than a place specifieci by such authority lr officer as the Governmenl may appoint in this behaif.
For the purpose of this Aet, the Cornpetent Authority or any per$on aulhorized in this b*half by the Ccmpetent Authority {h*reinafter referred tc as the authorized person) shaD have powar to enter and inspect any Bremises where the Comprtent Authority or t:he authorized person has reason$ to believe {hat an oftenre under this Act has been or is likely to be eomnrilled,
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t7)
2
Section 3 not to apply to diseased cows Establishment of institution/ Protective Shed/ $helter Hsuse Offenees and Penalties
{8) *"very per$on rn occupation af any such premises shafi allow the compeient Authority or ihe authorized person such access to the premises ac n"lay be necessary for the aforesaid purpose and shall anslv*r to the best ol his knowredge.and berief any question put to hirn by the Competent Authority or by the authorized person.
(1) Nothing in section i shalr appry to the sraughter of a cow:-
(a) which is sr:ffering from any contagious or infecrious disease nolified as such by the Government; or {b) where a cow is slaughtered for the reasons staled in ciause (a) , the person who slaughters or causes to be slaughiered such cow, shali first obtain a certificate from the compelent Authority under sub- section(Z) ot seetion 4 of this Act.
t2) suoh cow shail be slaughtered in such mainer and at such place as mqy be preseribed by rules,
{3) The earcass of such cow shal be buried or disposed of in such manner as may be prescribed by ruies. There shall be protective shed/ shelter house etc established, maintained, managed, supervised and conlrolled by the Governrnentr or by any Local Authority, wherever so directed by the Government as may be necessary fOr taking care of unproductive cows in such manner as may be pre*cribed by rules.
(1) The offence under this Act chari be cognizabre and non- bailab e,
(2) Any person who contravenes th6 provision oi seclion i shall be guilty of committing of an offence punishable with an imprisonment lar a lerm which shall not be less than Z (two) years but may extend to S (five) years and with fine which shall not be tess than Rs. 10,0CI0/-(Hupees ten thousand) only.
(3) Any person comrnitting the same offence {or the second time or subsoquenr time shail be punished with a rigorous irnprisonment for a lerm whieh shall not be less than S {five) years but may extend to 7 seyen years and wilh fine which shall not be less ihan Hs. 1,00,000/- (Rupees one lakh) only.
(4) Any person who abets and attempt to contravene the provisions of section 3 shall be punished with an irnprisonment for a term oi Z{two) years or with fine of fis.
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Power to remove ditficulties Power to make rules
Provision to be in additian to existing law
10
ysar or with a fin* whieh shalr nct be ress than fis. 1000/- {Bupees une thousand) rnly or with both.
{6) wh*rs, in a trial {or an olfence punishabre under sub- secticn (2) or sub- seclion (3), ihe accu$ed preads that the slaughlered cow beronged ro the class speeified in crause
(a) of sub- section (r) of seetion $, the burden of proving th* said fact shall be on the accused"
t7) Notwithstanding anything contained in the code of crirninai Procedure 1973;
An oflieer / public $€rvant not berow the rank of a veterinary officer sharl lodge a first information repoft with regard to the commission of sueh oflences as specifiad under the Act; such rffences shail be triecj in the competent court of Law having territorial .iurisdiction in the State of Sikkim. {s)Any person who has witnesserj or seen rhe occurreR'e or came to his knowredge abaul the cornmission of offence in contlavention of the provision of section 3, may maka a complaintl first information report to the nearest police Station having territoriai jurisdiction.
ll any di{ficulty anses in giving effecl lo any of the provision of this Act, lhe state Government may, by order, remo,/a such crifficurty:
Provided that no such order shalr be made after the expiration of a period of two years from the date of commencement of this Act. {1)The state Governrnent may make rures for the purpose cfcarrying into elfect the provisicns of lhis Aet.
(2) Without pre.judice to the generarity of the foregoing pgwars, such rules may provid * tsr>
(a) the condilions and the circumstances under which cows are to be slaughtered under section S; {b} the manner in which rjiseases shar} be notified under clause (a) of sub-section (i) ot section 5; {c) the matters rerating to the estabrishrnent, maintenance, r'ranagenrent supervision and contror of institutions referred to in section 6;
{d) the ci.uties of any officer or aulhority havirrg jurisdietion under this Act, the proredure to be lollowed by sueh olficer or authority; and
{e)any other matler which is to be or rnay b* prescribed.
The provisions of this Ac1 shar be in addition to and nst in derogati*n oi arry other raw ior the time being in force in sikkim. Jagat B. fiai {SSJ$)
LFl-curn-$e crelary,
taw trepartn:ent-
:.c*' :
i {'i'V/ \j.-"'
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