The Uttar Pradesh Prevention of Cow Slaughter Act, 1955
[Dated 30th December, 1955]
Received the assent of the President on December 30, 1955, under article 201 of the Constitution of India, 1950 and was published in the Uttar Pradesh Gazette, Extraordinary, dated January 6, 1956. For Statement of Object and Reasons, see the Uttar Pradesh Gazette, Extraordinary, dated March 30, 1955. Passed in Hindi by the Uttar Pradesh Legislative Assembly on September 8, 1955 and by the Uttar Pradesh Legislative Council on September, 21, 1955, with certain amendments and then again by the U.P. Legislative Council on April, 1956.
An Act to prohibit and prevent the slaughter Uttar Pradesh of cow and its progeny in Uttar Pradesh
Whereas it is expedient to prohibit and prevent the slaughter of cow and progeny in Uttar Pradesh:
It is hereby enacted in the sixth year of the Republic of India as follows :
1. Short title, extent and commencement. -
(1) This Act may be called the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context,-
(a) "beef" means flesh of cow and of such bull or bullock, whose slaughter is prohibited under this Act, but does not include such flesh contained in sealed containers and imported as such into Uttar Pradesh;]
(b) "cow" includes a [* * *] heifer, or calf;
(c) "prescribed" means prescribed by rules made under this Act;
(cc) "competent authority" means the person or persons appointed in this behalf by the State Government by notification in the official Gazette to exercise the powers and perform the functions of a competent authority under this Act or the Rules made thereunder for such area or areas and for such period as may be specified in the notification.]
(d) "slaughter" means killing by any method whatsoever and includes maiming and inflicting of physical injury which in the ordinary course will cause death;
(e) "State Government" means the Government of Uttar Pradesh, and
(f) "uneconomic cow" includes stray, unprotected, infirm, disabled, diseased or barren cow.
3. Prohibition of cow slaughter. -
(1) Except as hereinafter provided, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter-
(a) a cow, or
(b) a bull or bullock, unless he has obtained in respect thereof a certificate in writing, from the competent authority of the area in which the bull or bullock is to be slaughtered, certifying that it is fit for slaughter, in any place in Uttar Pradesh; anything contained in any other law for the time being in force or an usage or custom to the contrary notwithstanding.
(2) No bull or bullock, in respect of which a certificate has been issued under sub-section (1) (b) shall be slaughtered at any place other than the place indicated in the certificate. [* * *]
(3) A certificate under sub-section (1) (b) shall be issued by the competent authority, only after it has, for reasons to be recorded in writing; certified that-
(a) the bull or bullock is over the age of [fifteen years] or
(b) in the case of a bull, it has become permanently unfit and unserviceable for the purpose of breeding and, in the case of bullock, it. has become permanently unfit and unserviceable for the purposes of daughter and any kind of agricultural operation:
Provided that the permanent unfitness or un-serviceability has not been caused deliberately.
(4) The competent authority, shall, before issuing the certificate under sub-section (3) or refusing to issue the same, record its order in writing [***].
(5) The State Government may, at any time, for the purposes of satisfying itself as to the legality or propriety of the action taken under this section call for and examine the record of any case and may pass such order thereon as it may deem fit.
(6) Subject to the provisions herein contained, and action taken under this section, shall be final and conclusive and shall not be called in question.
4. Section 3 not to apply to diseased, or under experimentation cows. - (
1) Nothing in Section 3 shall apply to the slaughter of a [cow, bull or bullock]-
(a) which is suffering from any contagious or infectious disease notified as such by the State Government; or
(b) which is subjected to experimentation in the interest of medical and public health research;
where the slaughtering is done in accordance with the conditions and circumstances to be prescribed.
(2) Where a [cow, bull or bullock] is slaughtered for the reasons stated in clause (a) of sub-section (1) the person who slaughters of causes to be slaughtered such [cow, bull or bullock] shall within twenty-four hours of the slaughter, lodge information of the same at the nearest Police Station or before such Officer or authority as may be prescribed.
(3) The carcass of the [cow, bull or bullock] slaughtered under clause (a) of sub-section (1) shall be buried or disposed of in such manner as may be prescribed.
5. Prohibition on sale of beef. - Except as herein excepted and notwithstanding anything contained in any other law for the time being in force, no person shall sell or transport or offer for sale or transport or cause to be sold or transported beef or beef-products in any form except for such medicinal purposes as may be prescribed.
Exception. - A person may sell and serve or cause to be sold and served beef or beef-products for consumption by a bona fide passenger in an air-craft or railway train.
5A. Regulation on transport of cow, etc. -
(1) No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act, from any place within the State to any place outside the State, except under a permit issued by an officer authorised by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit.
(2) Such officer shall issue the permit on payment of such fee not exceeding five rupees for every cow, bull or bullock as may be prescribed:
Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period not exceeding six months as may be specified in the permit.
(3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified in the permit, he shall be deemed to have contravened the provision of sub-section (1).
(4) The form of permit, the form of application therefor and the procedure for disposal of such application shall be such as may be prescribed.
(5) The State Government or any officer authorised by it in this behalf by general or special notified order, may, at any time, for the purpose of satisfying itself, or himself, as to the legality or propriety of the action taken under this section, call for and examine the record of any case and pass such orders thereon as it or he may deem fit].
[(6) Where the said conveyance has been confirmed to be related to beef by the competent authority or authorised laboratory under this Act, the driver, operator and owner related to transport, shall be charged with the offence under this Act, unless it is not proved that the transport medium used in crime, despite all its precautions and without its knowledge, has been used by some other person for causing the offence.
(7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do all proceedings of confiscation and release, as the case may be.
(8) The cow and its progeny or the beef transported by the seized vehicle shall also be confiscated and seized by the law enforcement officers. The concerned District Magistrate/ Commissioner will do all proceedings of the confiscation and release, as the case may be.
(9) The expenditure on the maintenance of the seized cows and its progeny shall be recovered from the accused for a period of one year or till the release of the cow and its progeny in favour of the owner thereof whichever is earlier.
(10) Where a person is prosecuted for committing, abetting, or attempting to an offense under Sections 3, 5 and 8 of this Act and the beef or cow-remains in the possession of accused has been proved by the prosecution and transported things are confirmed to be beef by the competent authority or authorised laboratory, then the court shall presume that such person has committed such offence or attempt or abetment of such offence, as the case may be, unless the contrary is proved.
(11) Where the provisions of this Act or the related rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the Code of Criminal Procedure, 1973 shall be effective thereto.]
[5B. Whoever causes any physical injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation whereby endangering the life thereof or with the intention of endangering the life thereof does not provide with food or water shall be punished with imprisonment for a term which shall not be less than one year and which may extend to seven years and with fine which shall not be less than one Lakh rupees and which may extend to three Lakh rupees.]
6. [* * *]
7. Levy of charges or fees. - The State Government or the local authority, as the case may be, may levy such charges or fees as may be prescribed for keeping uneconomic cows in the institutions.
(1) Notwithstanding, anything contained in the Code of Criminal Procedure, 1973, no person charged with a criminal offence under this Act or any rules made there under, while in custody, shall be released on bail or on his own bond unless, -
(a) the Special Public Prosecutor is given an opportunity to oppose the application to such release; and
(b) where the Special Public Prosecutor opposes the application, the court is convinced that there is a reasonable basis for believing that he is not guilty of such an offence and that it is unlikely to commit any offence while on bail.
(2) The restrictions regarding grant of bail under sub-section (1) shall be in addition to the restrictions under the Code of Criminal Procedure, 1973.
(3) Under the provisions of this Act, every prosecutor of the State Prosecution Service, who has been engaged in the prosecution work for seven years, by whatever name it is known, shall be deemed to be a special public prosecutor.
(1) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of Section 3, Section 5 or Section 5-A shall be guilty of an offence punishable with rigorous imprisonment for a term which shall not be less than three years and which may be extend to ten years and with fine which shall not be less than three Lakh rupees and which may extend to five Lakh rupees.
(2) Whoever after conviction of an offence under this Act is again guilty of an offence under this Act, shall be punished with double the punishment provided for the said offence for the second conviction.
(3) The names and the photograph of the person accused of the contravention of the provision of Section 5-A shall be published at some prominent place in locality where the accused ordinarily resides or to a public place, if he conceals himself from the law enforcement officers.
9. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under Section 5-B and sub-section (1) of Section 8 shall be cognizable and non-bailable.
10. Power to make rules. -
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of foregoing powers, such rules may provide for-
(a) the conditions and the circumstances under which [cows, bulls or bullocks] are to be slaughtered under sub-section (1) of Section 4;
[(aa) form of certificate, and the procedure for disposal of the applications [* * *] under Section 3;]
(b) the manner in which diseases shall be notified under sub-section (1) (a) of Section 4;
(c) the manner in which the information shall be lodged under sub-section (2) of Section 4;
(d) the manner in which and conditions under which beef or beef-products are to be sold or sold and served under Section 5;
(e) the matters relating to the establishment, maintenance, management, supervision and control of institutions referred to in Section 6;
(f) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer or authority; and
(g) the matters which are to be and may be prescribed.