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The maharashtra animal preservation act, 1976 is a law enacted by the government of maharashtra, india, to provide for the prohibition of slaughter of cows and for the preservation of certain other animals suitable for milch, breeding, draught or agricultural purposes. The act defines the roles and responsibilities of the competent authority, the process for obtaining certificates for slaughter, and the penalties for violations. It also outlines the exceptions where the act does not apply, such as for animals used for vaccine, lymph or serum production, or for experimental or research purposes. The act repeals and replaces previous animal preservation laws in the state, while also providing for the continuation of actions taken under the repealed laws. Overall, the act aims to protect and preserve certain livestock animals considered important for agricultural and economic purposes in the state of maharashtra.
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Maharashtra Animal Preservation Act, 1976 [1977 : Mah. IX
MAHARASHTRA ACT No. IX OF 1977
THE MAHARASHTRA ANIMAL
PRESERVATION ACT, 1976
( As modified upto the 15th August 2012 )
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI 400 004 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004
[ Price : Rs. 9.00]
1977 : Mah. IX ] Maharashtra Animal Preservation Act, 1976
1 Short title, extent, commencement and application. 2 Declaration of State Policy. 3 Definitions.
1976 : Mah. IX ]
(G.C.P.) H 772 (4,700—8--2012)
Maharashtra Animal Preservation Act, 1976 [1977 : Mah. IX
6. ( 1 ) Notwithstanding anything contained in any law for the time being in force or any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered any scheduled animal in any place in the State of Maharashtra, unless he has obtained in respect of such animal a certificate in writing from the competent authority that the animal is fit for slaughter. ( 2 ) No certificate shall be granted under sub-section ( 1 ), if in the opinion of the competent authority,— ( a ) the scheduled animal, whether male or female, is or likely to become economical for the purpose of draught or any kind of agricultural operations ; ( b ) the scheduled animal, if male, is or is likely to become economical for the purpose of breeding ; ( c ) the scheduled animal, if female, is or is likely to become economical for the purpose of giving milk or bearing offspring. ( 3 ) The State Government may, on an application by any person aggrieved by an order passed by the competent authority refusing to grant him a certificate, made to it within sixty days from the date of receipt of such order, or at any time suo motu , call for and examine the records of the case for the purpose of satisfying as to the legality or proriety of any order passed by the competent authority under this section, and pass such order in reference thereto as it thinks fit. ( 4 ) A certificate under this section shall be granted in such form and upon payment of such fees as may be prescribed. ( 5 ) Subject to the provisions of sub-section ( 3 ), any order passed by the competent authority granting or refusing to grant a certificate, and any order passed by the State Government under sub-section ( 3 ), shall be final and shall not be called in question in any Court. 7. No scheduled animal in respect of which a certificate has been issued under section 6 shall be slaughter in any place other than a place specified by such authority or officer as the State Government may appoint in that behalf. 8. ( 1 ) For the purposes of this Act, the competent authority or any person authorised in writing in that behalf by the competent authority (hereinafter in this section referred to as “ the authorised person”) shall have power to enter and inspect any place where the competent authority or the authorised person has reason to believe that an offence under this Act has been, or is likely to be, committed. ( 2 ) Every person in occupation of any such place shall allow the competent authority or authorised person such access to that place as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the competent authority or the authorised person. 9. Whoever contravenes any of the provisions of this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 10. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act shall be cognizable.
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Restric- tions on slaughter of scheduled animals.
Penalties.
Scheduled animals to be slaughtered at specified places only. Power to enter and inspect places.
0ffences under Act to be cognizable.
2 of
1977 : Mah. IX ] Maharashtra Animal Preservation Act, 1976
11. Whoever abets any offence punishable under this Act or attempts to commit any such offence shall be deemed to have committed that offence and shall, on conviction, be Punished with the punishement provided for such offence under section 9. 12. All persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 13. No suit, prosecution or other 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 the rules made thereunder. 14. Subject to any conditions prescribed in this behalf, this Act shall not apply to,— ( a ) any animal (other than cow) operated upon for vaccine, lymph or serum at any institution established, conducted or recognised by the State Government ; ( b ) any animal (other than cow) operated upon for any experimental or research purposes at the institution referred to in clause ( a ) ; ( c ) any animal (other than cow) or class thereof,— ( i ) slaughter of which is certified by a veterinary surgeon authorised in this behalf by the State government to be necessary in the interest of the public health ; ( ii ) which are suffering for any disease which is certified by such veterinary surgeon as being contagious and dangerous to other animals : Provided that no animal referred to in this section shall be slaughtered or cause to be slaughtered unless an authority in writing for such slaughter has been obtained from the competent authority. 15. The State Government may, by notification in the Official Gazette, delegate,— ( a ) to any local authority, its powers and functions under section 4 within the local area subject to the jurisdiction of such local authority ; ( b ) to any officer of the State Government, its powers and functions under sub-section ( 3 ) of section 6. 16. ( 1 ) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
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Persons exercising powers under this Act deemed to be public servants.
Abetments and attempts.
Protection of persons acting in good faith under Act or rules.
Delegation of powers.
Power to make rules.
Exemptions under this Act.
1977 : Mah. IX ] Maharashtra Animal Preservation Act, 1976
( d ) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid ;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed : Provided further that, subject to the preceding proviso, anything done or any action taken (including notifications, orders or certificates issued, appointments or rules made) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force in the respective area accordingly, unless and until superseded by anything done or any action taken under this Act. SCHEDULE
[Section 3 ( e )]
Bovines (bulls, bullocks, female buffaloes and buffalo calves).
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(iv) Maharashtra Debt Relief Act, 1975 [1976 : Mah. III
Maharashtra Government Publication
can be obtained from—
THE DIRECTOR GOVERNMENT PRINTING, STATIONERY AND PUBLICATION MAHARASHTRA STATE Netaji Subhash Road, MUMBAI 400 004. Phone : 022 - 23632693, 23630695, 23631148, 23634049
THE MANAGER GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT Photozinco Press Area, Near G.P.O., PUNE 411 001. Phone : 020 - 26125808, 26124759
THE MANAGER GOVERNMENT PRESS AND BOOK DEPOT Civil Lines, NAGPUR 440 001. Phone : 0712 - 2562615
THE ASSTT. DIRECTOR GOVERNMENT STATIONERY, STORE AND BOOK DEPOT Shaha Ganj, Near Gandhi Chowk, AURANGABAD 431 001. Phone : 0240 - 2331468, 2331525
THE MANAGER GOVERNMENT PRESS AND STATIONERY STORE Tarabai Park, KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402
AND THE RECOGNISED BOOKSELLERS
