(1) This Act may be called the Bombay Animal Preservation Act, 1948.

(2) It extends to the 3[pre-Reorganisation State of Bombay, excluding the transferred territories].

(3) Has section shall come into force at once. The 4[State] Government may, by notification in the Official Gazette, direct that the rest of this Act shall come into force in such area and on such date as may be specified in the notification.

(1) This Act applies, in the first instance, to the animals specified in the Schedule.

(2) The 5[State] Government may, by notification in the Official Gazette, apply the provisions of this Act to any other animal, which in its opinion, it is desirable to preserve.

In this Act, unless there is anything repugnant in the subject or context,

(1) Veterinary Officer means an officer or person appointed or invested with powers under section 4 of this Act;

(2) prescribed means prescribed by rules made under this Act.

The 6[State] Government may, by notification in the Official Gazette, appoint any officer to be a Veterinary Officer for any particular area and assign to him such powers and duties under this Act or the rules made thereunder, as it may deem fit.

(1) Notwithstanding any law for the time being in force or any usage to the contrary, no person shall slaughter, attempt to slaughter or cause to be slaughtered any annual, unless he has obtained in respect of such animal a certificate in writing from a Veterinary Offer appointed for the animal is fit for slaughter:

Provided that an animal shall not be deemed to be fit for slaughter; if, in the opinion of the Veterinary Officer appointed for the area,

(a) such animal, whether male or female, is or likely to become useful for the purpose of draught or any kind of agricultural operations;

(b) such animal, if male, is useful or likely to become useful for the purpose of breeding;

(c) such animal, if female, is useful or likely to become useful for the purpose of giving milk or bearing offspring.

(2) Nothing in this section shall apply to the slaughter of any animal above the age of fifteen years for bona fide religious purpose:

Provided that a certificate is writing for such slaughter has been obtained from a Veterinary Officer.

(3) Any person aggrieved by the opinion of a Veterinary Officer that the animal is not fit for slaughter for any of the reasons specified in clauses (a), (b) and (c) of the proviso to sub-section (i) may, within fifteen days from the date of the communication of such opinion, prefer an application to the 7[State] Government and the 7[State] Government may pass such order on the application as thinks fit.

(4) The 7[State] Government may also at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by a Veterinary Officer under sub-section (1) call for and examine the records of the case and may pass such order in reference thereto as it thinks fit.

(5) A certificate under this section shall be granted in such form and on payment of such fee as may be prescribed.

(1) For the purposes of this Act, a Veterinary Officer or a person authorised by him in this behalf shall have power to enter and inspect any premises or other place whereat he has reason to believe that an offence under this Act has been or is likely to be committed.

(2) Every person on the premises or the other place shall allow the Veterinary Officer or the person authorised access to, and to inspect, the premises or the other place and answer truthfully any question asked of him.

Whoever does any act in contravention of section 5 or 6 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Offences under this Act cognizable.

Every Veterinary Officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

No suit, prosecution or cither legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or rules thereunder.

(1) The 8[State] Government may, by [notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for

(a) the powers and duties of Veterinary Officers, in addition to those provided in this Act;

(b) the form of the certificate under section 5;

(c) the amount of the fee to be paid under section 5;

(d) any other matter which is or may be prescribed.

(3) The rules made muter this section shall be subject to the condition of previous publication in the Official Gazette.

The 9[State] Government may, by notification in the Official Gazette, delegate

(i) to any local authority, its powers and functions under section 4 within the local area subject to the jurisdiction of the local authority,

(ii) to any officer of the 9[State] Government its powers and functions under sub-sections (3) and (4) of section 5.

This Act shall not apply to the slaughter of any animal operated upon for vaccine lymph, serum, or for any experimental purposes at an institution established, conducted or recognised by the 10[State] Government.

Where any question arises whether an animal has or has not attained the age of fifteen years for the purpose of sub-section (2) of section 5, the opinion of the Veterinary Officer for the area shall be final and shall not be called in question in any Court.

(Section 2(1).]

Bovines (bulls, bullocks, cows, calves, mate and female buffaloes and buffalo-calves)

1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 445.

2. Adapted and modified fay the Adaptation of Laws Order, 1950 and Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

3. These words were substituted for the words whole of the State of Bombay by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

4. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

5. These words were substituted for the words whole of the State of Bombay by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

6. These words were substituted for the words whole of the State of Bombay by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

7. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

8. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

9. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

10. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.