The Orissa Prevention of Cow Slaughter Rules, 1966
Notification No. 43224-IV-37/61-Ag., dated 30th December, 1966
In exercise of the powers conferred by Section 9 of the Orissa Prevention of Cow Slaughter Act, 1950 (Orissa Act 5 of 1960), the State Government do hereby make the following rules, namely :
1. These rules may be called "the Orissa Prevention of Cow Slaughter Rules", 1966 and shall come into force at once.
2. In these rules, unless the context otherwise requires-
(a) "Act" means the Orissa Prevention of Cow Slaughter Act, 1960 (Orissa Act 5 of 1961);
(b) "Form" means a Form appended to these rules;
(c) "section" means a section of the Act;
(d) words and expressions used but not defined herein shall have the meaning respectively assigned to them in the Act.
3. An application for a certificate under Section 3(1)(b) shall be made to the competent authority in Form I.
4. On receipt of the application referred to in Rule 3, the competent authority shall, after making such enquiries and examination as he may deem necessary, either grant or refuse to grant a certificate, as the case may be, having due regard to the conditions laid down in Sub-section (3) of Section 3. In either case, he shall record the reasons in writing which shall be communicated to the applicant.
5. Any person aggrieved by the order of the competent authority issued under Rule 4 refusing to grant a certificate may, within fifteen days from the receipt of the order, file an appeal either to the State Government or to the authority next higher in rank to the notified competent authority, who should be not below the rank of a District Animal Husbandry and Veterinary Officer
6. The appellate authority shall, after making such enquiries and examination as he may deem necessary, and also giving the appellant a personal hearing, issue orders either upholding or setting aside the orders of the competent authority, recording his reasons relating thereto. In case, the order of the competent authority is set aside, the appellate authority may issue a certificate under Sub-section (3) of Section 3, keeping in view the provisions thereunder. A copy of the order shall be communicated to the appellant as also the competent authority.
7. The certificate to be issued by the competent authority or the appellate authority, as the case may be, shall be in Form II.
8. After the prescribed certificate is obtained the owner of the animal shall slaughter or cause it to be slaughtered either on his own land or at a place set apart for the purpose by the local authority or at any other place in accordance with terms and conditions specified in the certificate.
9. In fixing a place for slaughter the authority concerned shall have due regard to the susceptibility of the local residents, the sanitary condition of the locality and also ensure that the place selected is away from human habitation and not within public gaze.
10. When the owner of a cow, bull or bullock suspects the animal to be suffering from any contagious or infectious disease notified by the State Government, he shall apply to the Veterinary Assistant Surgeon in charge of the area where the animal is found for examination in Form III.
11. On receipt of the application, the Veterinary Assistant Surgeon shall arrange for immediate inspection of the animal with a view to ascertain, if it is suffering from any of the notified contagious or infectious diseases. If he is satisfied that the animal is so suffering from any infectious or contagious disease as notified, he shall record an order indicating the reasons and issue a certificate in Form No. IV, authorising slaughter of the animal.
12. In the case of an ownerless cow, bull or bullock suspected to be suffering from any contagious or infectious diseases notified by the State Government, the Veterinary Assistant Surgeon of the area where such animal is found, may take up inspection with a view to ascertain if it is suffering from any such diseases. If he is satisfied that the animal is so suffering from any contagious or infectious disease, he shall record an order indicating the reasons and maintain the certificate relating thereto authorising slaughter in his own office. Before taking up slaughter, he should satisfy himself that the animal is ownerless. For this purpose, he shall publish a notice in Form No. VII in the police station as also in the office of the Grama Panchayat of the area where the animal is found. If no objections are received, it will be competent for the Veterinary Assistant Surgeon to arrange for slaughter of the animal within the time fixed. The provisions relating to slaughter, disposal of the carcass and intimation to the police station as provided for in Rules 13 and 14 shall apply to such cases. In case any person comes forward to claim ownership of the animal concerned, his consent shall be obtained before slaughter is undertaken.
13. On receipt of a certificate under Rule 11, it shall be the responsibility of the owner to arrange slaughter in accordance with the procedure laid down in Rule 8, as also such other terms and conditions as laid down in the certificate issued. After slaughter it shall be the duty of the owner or the person in-charge of the animal to have the carcass after slashing the hide either burnt or buried six feet below the surface of the ground away from water courses with a layer of unslaked lime not less than one foot deep, both beneath and above it and afterwards water thrown over it.
14. The owner or person in-charge of the slaughter of the animal shall also be responsible to lodge information of the sold slaughter within 24 hours at the nearest police station of the Sarpanch of the concerned Grama Panchayat or the Executive Officer of the Municipality, Corporation or Notified Area Council, as the case may be, in Form No. V.
15. A cow, bull or bullock may be slaughtered for the purpose of experimentation in the interest of medical and public health research at the following Institutions and such other institutions as may be notified by the State Government from time to time -
(1) Orissa College of Veterinary Science and Animal Husbandry.
(2) State Biological Production Centre.
(3) State Livestock Research Station.
(4) Provincial Veterinary Laboratory.
16. A certificate of the Technical head of the institution to be recorded in Form No. VI, that the slaughter of the animal is necessary for the purpose of experimentation in the interest of medical and public health research shall be sufficient authority for the slaughter of animals owned by the institution. In slaughtering animals for such purposes, the head of the institution shall, however, as far as may be reasonably practicable, have due regard to the provisions of Sub-section (3) of Section 3 of the Act. The slaughter of such animals shall be taken up within the premises of the institute or outside as circumstances may require and the provisions of Rules 8 and 12 regarding slaughter and disposal of carcass etc., shall be followed.
17. The State Gosadan at Babandh in the district of Dhenkanal or any other Gosadan that may be established by the State Government or any Goshalla recognised by the State Government shall be considered as an institution established for taking care of uneconomic cows.
18. The charges or fees payable for taking care of uneconomic cows as provided in Rule 16 shall be in accordance with the rates in force in such institutions and shall be payable by the owners of such cows.