[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Pakistan (Punjab) Legislation |
[Database Search] [Name Search] [Noteup] [Help]
THE
(W.P. Act III of 1963)
C O N T E N T S
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Restriction on slaughter of animals.
3-A. Presumptions.
4. Examination in stock-yard.
5. Prohibition to cause abortion.
6. Power to exempt.
7. Power of entry, search and seizure.
8. Penalty.
8-A. Offences to be cognizable and bailable.
8-B. Cognizance of offences.
8-C. Offences to be tried by whom.
9. Forfeiture.
10. Reward to informers.
11. Rules.
12. Repeal.
[1]THE [2][
(W.P. Act III of 1963)
[
An Act to prohibit
the slaughter of useful animals and to regulate the slaughter of other animals
in
[3][the
Preamble.— WHEREAS it is expedient to
prohibit the slaughter of useful animals and to regulate the slaughter of other
animals in the province
of [4][the
It is hereby enacted as follows:-
1. Short
title, extent and commencement.— (1) This Act may be called
[5][the
[6][(2) It extends to the whole of the province of
[7][the
(3) This section shall come into force at once and
the remaining provisions of the Act or any of them shall come into force in
such
[8][* * *] area and on such date as Government may,
by notification in the official Gazette, specify in this behalf.
2. Definitions.— In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-
(a) “animal” means a bullock, bull, cow, buffalo, buffalo-bull, [9][goat] and sheep of any age;
(b) “Carcass” means the dead body of an animal [10][and includes a part thereof];
(c) “cull” means to pick an animal which is suitable neither for breeding purposes nor for draught purposes;
(d) “Government” means the
[11][Provincial Government of the
[12][(e) “Local Authority” means an urban local council constituted under the Punjab Local Government Ordinance, 1979 (VI of 1979) or a Cantonment Board established under the Cantonments Act, 1924 (II of 1924);]
[13][(ee) “meat” means the meat of an animal;]
(f) “prescribed” means prescribed by rules made under this Act;
[14][(ff) “rules” mean rules made under this Act;]
(g) “slaughter” means to kill animals by any means;
(h) “slaughter-house” means any building or premises used for slaughtering animals and approved by the local authority concerned;
(i) “stock yard” means any
enclosure, approved by a local authority where animals are assembled for
examination by the Veterinary Officer
to determine whether they are suitable
for slaughter or not, or where animals approved for slaughtering are housed
until they are
removed to the slaughter-house;
[15][(j) “area” means an area which the Government may, by notification in the official Gazette, declare to be an area for the purposes of this Act;]
(k) “useful animal” means—
(i) a female sheep [16][or goat] below the age of one year and six months;
(ii) a female sheep [17][or goat] of the age exceeding one year and six months but not exceeding four years, which is pregnant or fit for breeding purposes;
(iii) any female animal, other than sheep, [18][or goat] below three years of age;
(iv) any female animal, other than sheep, [19][or goat] which is pregnant or in milk or fit for breeding purposes;
(v) any
female animal, other than sheep
[20][or goat] between three to ten years of age, which
is fit for draught purposes;
but does not
include any such animal which on account of culling, injury, illness or other
cause, is certified in writing by a Veterinary
Officer or any gazetted officer
of the
[21][Livestock and Dairy Development Department] as
not likely to live or as no longer a useful animal for the purposes of this
Act;
[22][and]
[23][(vi) any male sheep or goat below the age of two months;]
(l) “Veterinary Officer” means an officer of the [24][Livestock and Dairy Development Department], not below the rank of a Veterinary Assistant Surgeon, and includes an Officer-in-charge of a slaughter-house, provided that such officer-in-charge possesses a degree or diploma from a recognised Veterinary or Animal Husbandry College.
3. Restriction on slaughter of animals.— (1) No person shall slaughter a useful animal.
(2) No person shall slaughter an animal—
(a) unless such animal has been approved as hereinafter provided, for slaughter; [25][* * *]
(b) except in a slaughter-house and during the hours prescribed therefor [26][;] [27][and]
[28][(c) on Tuesday and Wednesday or on such other day or days as Government may by notification in the official Gazette, specify in this behalf:]
Provided that nothing contained in this section shall apply to the slaughter of any animal—
(i) by a Muslim on the day of
Eid-ul-Azha and the two succeeding days; or
(ii) which on account of illness, injury or other cause is likely to die before it can be presented to the officer-in-charge of slaughter-house.
[29][(3) No person shall, directly or indirectly,—
(a) sell, keep, store, transport, offer or expose for sale, or hawk any meat or carcass of any animal which has not been slaughtered in a slaughter-house and does not bear the stamp or mark of the slaughter-house prescribed by the local authority in this behalf; or
(b) sell or cause to be sold any meat at a place other than that set apart or approved for this purpose by the local authority.]
[30][3-A Presumptions.— In every prosecution under this Act, the court shall presume—
(a) that any meat or carcass found in possession
of any person who is, or has been, habitually selling, keeping, storing,
transporting,
offering or exposing for sale, or hawking the meat or carcass,
was being sold, kept, stored, transported, offered or exposed for
sale, or
hawked, as the case may be, by such person;
(b) that any meat or carcass which does not bear
the stamp or mark of a slaughter-house has not been slaughtered in a
slaughter-house
or during the hours prescribed therefor; and
(c) that any person who is in possession of the premises where an offence under this Act has been or is being committed by another person has abetted that offence.]
4. Examination in stock-yard.— (1) Any person intending to slaughter an animal in slaughter-house shall produce the animal in the stock yard for examination at any time during the hours fixed by the local authority concerned for inspection.
(2) After examination of any such animal, the Veterinary Officer may approve it for slaughter:
Provided that no useful animal shall be so approved.
(3) Any person aggrieved by a decision of the Veterinary Officer may, within twenty-four hours of such decision, prefer an appeal from such decision, to such authority as may be prescribed.
(4) Subject to the decision of the appellate authority the decision of the Veterinary Officer shall be final.
5. Prohibition to cause abortion.— No person shall voluntarily cause a pregnant
sheep mis-carry or induce premature birth of its young.
6. Power to exempt.— Government may, under special circumstances
subject to such conditions as it may deem fit to impose, exempt any person or
class of
persons from all or any provisions of this Act.
[31][7. Power of entry, search and seizure.— (1) A Veterinary Officer or any gazetted officer may—
(a) enter and search a slaughter-house or any other premises where he has reason to believe that an offence under this Act or rules has been, is being or is about to be committed, and may seize any animal, carcass or meat, in respect of which such offence has been, is being or is about to be committed, as the case may be; and
(b) arrest or cause to be arrested any person who,
in his view, commits any offence under the provisions of this Act or the rules.
(2) A Veterinary Officer or a gazetted officer arresting or causing the arrest of any person, or seizing or causing the seizure of any animal, carcass or meat shall—
(a) without unnecessary delay, and subject to the
provisions of clause (b) and clause (c) as to release on bond, take or send the
person
arrested or the animal carcass or meat seized to the police-officer
alongwith a report, in writing, stating facts constituting the
offence for
which such person has been arrested or such animal, carcass or meat has been
seized;
(b) release such person on his executing a bond to appear, when so required, before the police-officer; and
(c) release such animal to the person from whose
possession it has been seized or to the owner thereof on his executing a bond
to produce
it, when so required, before the police-officer.
Explanation— In sub-section (2) “police-officer” means the officer-in-charge of the nearest police-station.]
[32][8. Penalty.— (1) Whoever contravenes any provision of this Act (other than the
provisions of clause (c) of
sub-section (2) of section 3) or the rules shall, on first conviction, be
punished with imprisonment for a term which may extend
to one month, or with
fine which shall not be less than one hundred rupees or with both and, on
second or subsequent conviction,
with imprisonment which may extend to six
months, or with fine which shall not be less than two hundred rupees or with
both.
(2) Whoever
contravenes the provisions of clause (c) of sub-section (2) of section 3 shall
be punished with imprisonment which may extend
to three years, or with fine
which shall not be less than three hundred rupees, or with both, and the court
trying the case relating
to such contravention shall direct that any animal
slaughtered in contravention of the provisions of that clause shall be
forfeited
to the Government.
(3) An attempt to contravene any provision of this Act or the rules and an abetment of such contravention shall be punished as an offence under this Act.]
[33][8-A. Offences to be cognizable and bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Act or the rules shall be cognizable and bailable within the meaning of the said Code.
8-B. Cognizance of offences.— No court shall take cognizance of any offence punishable under this Act or the rules except on a report, in writing, of the facts constituting such offence made by a Veterinary Officer or a gazetted officer.
8-C. Offences to be tried by whom.— No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act or the rules.]
9. Forfeiture.— The court trying an offence under this Act may direct that any animal, carcass or meat in respect of which the court is satisfied that an offence under this Act has been committed, be forfeited to Government.
10. Reward
to informers.— The court trying
an offence under this Act may direct that an amount not exceeding twenty per
cent of such sum as may be realized
by way of fine or under section 517 of the
Code of Criminal Procedure, 1898, (V of 1898), on account of the sale or
disposal otherwise
of the animal, carcass or meat in respect of which an
offence under this Act has been committed, be awarded to the person or persons
supplying information relating to the commission of the offence.
11. Rules.— Government may frame rules—
(i) to regulate the procedure for the disposal of animals, carcass or meat seized under this Act; and
(ii) generally to give effect to the provisions of this Act.
[34][12. Repeal.— Section 43 of the Punjab Laws Act, 1872 is hereby Repealed.]
[1]For statement of objects and
reasons, see Gazette of West Pakistan, 1963 (Extraordinary), pp.4342-43.
This Act was passed by the West Pakistan Assembly on 30th March, 1963; assented to by the Governor of West Pakistan on 12th April, 1963; and, published in the West Pakistan Gazette (Extraordinary), dated 17th April, 1963, pages 1609-1612.
[2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan”.
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Substituted
by the West Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of
1965).
[7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan”.
[8]The word “Urban” deleted by
the West Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of 1965).
[9]Inserted ibid.
[10]Added by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[11]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West
Pakistan”.
[12]Substituted
by the Punjab Animals Slaughter Control (Amendment) Ordinance, 1982 (VII of
1982).
[13]Added by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[14]Ibid.
[15]Substituted by the West
Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of 1965).
[16]Inserted by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[17]Ibid.
[18]Ibid.
[19]Ibid.
[20]Ibid.
[21]Substituted
by the Punjab Animals Slaughter Control (Amendment) Ordinance, 1982 (VII of
1982).
[22]Added by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[23]Ibid.
[24]Substituted
by the Punjab Animals Slaughter Control (Amendment) Ordinance, 1982 (VII of
1982).
[25]The word “and”, deleted by
the West Pakistan Animals Slaughter (Amendment) Ordinance, 1965 (XXIV of 1965).
[26]Substituted ibid., for the colon.
[27]Added ibid.
[28]Ibid.
[29]Added by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[30]Ibid.
[31]Substituted by the West
Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of
1970).
[32]Substituted by the West Pakistan
Animals Slaughters Control (Punjab Amendment) Ordinance, 1970 (VIII of 1970).
[33]Sections 8-A to 8-C, added by
the West Pakistan Animals Slaughters Control (Punjab Amendment) Ordinance, 1970
(VIII of 1970).
[34]Substituted ibid.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/pk/legis/pj/consol_act/pasca1963333