(1) Notwithstanding any law for the time being in force or any usage to the contrary, no person shall slaughter or cause to be slaughtered any animal unless, he has obtained in respect of such animal a certificate in writing from the Competent Authority appointed for the area that the animal is fit for slaughter.
4[(1A) No certificate under sub-section (7) shall be granted in respect of—
(a) a cow ;
(b) the calf of a cow, whether male or female and if male, whether castrated or not ;
(c) a bull ;
(d) a bullock ; ] Short title, extent and commencement.
Application of Act.
Definitions.
Appointment of Competent Authority.
Prohibition against slaughter without certificate from Competent Authority.
The Gujarat Animal Preservation Act, 1954.
1954 : Bom . LXXII 4 of 8
(2) 5[In respect of an animal to which sub-section (1A) does not apply, no certificate ] shall be granted under sub-section (1) if in the opinion of the Competent Authority-
(a) the animal, whether male or female, is useful or likely to become useful for the purpose of draught or any kind of agricultural operations;
(b) the animal if male, is useful or likely to become useful for the purpose of breeding ;
(c) the animal, if female, is useful or likely to become useful for the purpose of giving milk or bearing offspring.
6[ (3) Nothing in this section shall apply to-
(a) the slaughter of any of the following animals for such bonafide religious purposes, as may be prescribed, namely :-
(i) any animal above the age of fifteen years other than a cow, bull or bullock.
(b) the slaughter of any animal not being a cow or a calf of a cow, bull or bullock, on such religious days as may be prescribed :
Provided that a certificate in writing for the slaughter referred to in clause (a) or (b) has been obtained from the competent authority.
]
(4) The State Government may, at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by a Competent Authority granting or refusing to grant any certificate under this section, 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.
(6) Subject to the provision of sub-section (4) 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 (4) shall be final and shall not be called in question in any Court.
6. No animal in respect of which a certificate has been issued under section 5 shall be slaughtered in any place other than a place specified by such authority or officer as the State Government may appoint in this behalf.
6a[6A. (1) No person shall transport or offer for transport or cause to be transported any animal specified in sub-section (1A) of section 5 from any place within the State to any another place within the State for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be so slaughtered:
Provided that a person shall be deemed to be transporting such animal for the purpose of slaughter unless contrary is proved thereto to the satisfaction of the concerned authority or officer by such person or he has obtained a permit under sub-section (2) for transporting animal for bona fide agricultural or animal husbandry purpose from such authority or officer as the State Government may appoint in this behalf.
(2) (a) A person may make an application in the prescribed form to the authority or officer referred to in sub-section (1) for grant of permit in writing for transportation of any animal specified in sub Prohibition of slaughter of animals in places not specified for the purpose.
Prohibition against transportation of specified animals for slaughter.
The Gujarat Animal Preservation Act, 1954.
1954 : Bom . LXXII 5 of 8 section (1A) of section 5 from any place within the State to any another place within the State.
(b) If, on receipt of any such application for grant of permit, such authority is of the opinion that grant of permit shall not be detrimental to the object of the Act, it may grant permit in such form and on payment of such fee as may be prescribed and subject to such conditions as it may think fit to impose in accordance with such rules as may be prescribed.
(3) Whenever any person transports or causes to be transported in contravention of provisions of sub-section (1) any animal as specified in sub-section (1A) of section 5, such vehicle or any conveyance used in transporting such animal alongwith such animal shall be liable to be seized by such authority or officer as the State Government may appoint in this behalf.
(4) The vehicle or conveyance so seized under sub-section (3) shall not be released by the order of the court on bond or surety before the expiry of six months from the date of such seizure or till the final judgment of the court, whichever is earlier.