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. Tt 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 subjcct 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 maming 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 comptcnt authority, may, by a general or special order appoint, for the purpose of this Act, any person or class or 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 jn 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 applv for a permit to concerned Veterinary Officer staling 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 proposed to be exported - and shall further file a declaration to the effect that the agricultural cattle for which the permit for export is required, shall not be slaughtered. Provided that an application for grant of a permit shall not be refused without according reasons therefor in writing.

Provided further that the permit shall not be granted for export of agricultural cattle to a Stale|Union Territory where slaughter of agricultural cattle is not banned by law.

(4) Transportation or export of agricultural cattle with a view of replacement, may be regulated through a valid permit with due verification by concerned Veterinary Officer.

(5) The form of permit and the fee tor issuing permit shall be such as may be prescribed by the rules framed under section 19 of the Act.

Any person feeling aggrieved by order of refusal to grain permit under section 5 may file an appeal before the Competent Authority within a period of ten days from the date of communication of such an order, and the order passed in appeal by the Competent Authority shall be final.

No person shall purchase, sell-or otherwise dispose of or offer to purchase, sell or otherwise dispose of any agricultural cattle for slaughter of knowing or having reason to believe that such agricultural cattle shall be slaughtered.

Notwithstanding anything contained in any other law for the time being in force no person, shall have in his possession flesh of any agricultural slaughtered in contravention of the provisions of this Act.

No person shall have in his possession flesh of any agricultural cattle slaughtered outside Delhi.

There shall be established by the Government or any Non-Government organisation, wherever so directed by the Government, institutions for the reception, maintenance and the care of agricultural cattle.

(1) For the purpose of enforcing the provisions of this Act the Competent Authority or the Veterinary Officer in writing in (his behalf, shall have power to enter, and inspect any premises within the local limits of his jurisdiction, where he has reason to believe that an ofience under this Act has been or is being or is likely to be committed.

(2) Every person in occupation, of any such premises as is specified in sub-section (1) shall allow the Competent Authority or the Veterinary Officer, as the case may be, such access to the premises as he tnay require for the aforesaid purpose, and shall answer any question put to him by the Competent Authority or the Veterinary Officer, as the case may be, to the best of his knowledge or belief.

(3) Any Policc Officer not below the rank of Sub-Inspector or any person autlinm-cd in this behalf by the Government of Delhi may, with a view to securin compliance of the provisions of section 5, 7, 8 or 9 for satisfying himself that Ihe provisions of the said sections have been complied with may.

(a) enter, stop and search, or authorise any person to enter, stop and search any vehicle used or intended to be used for the export of agricultural cattle.

(b) seize or authorise the scmite of agricultural cattle in respect of which he suspects that any provision of sections 5, 7, 8 or 9 has been, is being or is about to be contravened along with the vehicles in which such agricultural cattle are found and thereafter take or authorise the taking of all measures necessary for securing the production of agricultural cattle and vehicles so seized, in a court and for their safe custody pending production. Provided that pending trial seized agricultural cattle shall be handed over only to the Dearest Gosadan, Ghosh ill a, Pinjrapole, Hinsa Nivaran Sangh and such other Animal Welfare Organizations and the accused shall be liable to pay for their maintenance for the period they remain in custody with any of the said institutionlorganizations.

(4) 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.

Whoever contravens 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 rupees ten thousand.

Provided that except for special and adequate reasons to be recorded in the judgement ay the court such imprisonment shall not be of less than 6 months and such fine shall not be of less than one thousand rupees.

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 two thousand rupees.

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 noc 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 lion-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 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.

18. Constitution of a Board to supervise the proper implementation of the Act and Rules framed 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 cnaaged 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 nonofficial representatives nominated under Section 13(d).

(i) The Government may, by notification, makes rules for Hie purposes of carrying out the effective implementation of the provisions of this Act.

(ii) particular and without prejudice to the generality of the foregoing powers, siicti 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 respect of such applications,

(b) the form of permit to be issued under Section 5.

(c) every rule made under this Act shall be laid, as scon as it is made, before the Legislative Assembly of. the National Capital Territory of Delhi.

The Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (Act No. 1 of 1956) as extended to Delhi is hereby repealed:

Provided that the repeal shall not affect

(i) the previous operation of any laws repealed or anything duly done or ??? thereunder; or

(ii) any penalty, forfeiture or punishment ocurred in respect of any offence milled against any law so repealed;

(ii) any investigation, legal proceeding ??? in respect of any penalty, for ture or punishment as aforesaid; any such penalty, forfeiture or punishment may be imposed as if this Act not been passed.

SCHEDULE

[See Section 2(a)]

1. Cows of all ages.

2. Calves of Cows of all ages.

3. Bulls.

4. Bullocks.

1 Received the assent of the Lt. Governor of Delhi, on the 15th April, 1994 vide Noti. No. F. 13/7/94-Judl.ln/678.