Karnataka Prevention of Slaughter and Preservation of Cattle Act- 2020

PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT NOTIFICATION
NO.DPAL 86 SHASHANA 2020, BENGALURU, DATED: 05.01.2021

KARNATAKA ORDINANCE NO. 01 OF 2021

THE KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ACT 2020

Karnataka Prevention of Cow Slaughter and Preservation of Cattle Act, 2020, was notified on Monday after it received the Governor’s assent on February 12.

Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020

(Promulgated by the Governor of Karnataka in the Seventy first year of the Republic of India and First published in the Karnataka Gazette Extra-ordinary on the 05th day of January, 2021)

An Ordinance to provide for a comprehensive legislation for the prevention of slaughter and preservation of cattle in the State of Karnataka.

Whereas the Karnataka Legislative Assembly and the Karnataka Legislative Council are not in session and the Governor of Karnataka is satisfied that the circumstances exist which render it necessary for him to take immediate action to
promulgate the Ordinance for the purposes hereinafter appearing;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Karnataka is pleased to promulgate the following Ordinance, namely:-

1. Short title and commencement.- (1) This Ordinance may be called the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions.- In this Ordinance, unless the context otherwise requires,-

(1) “Beef” means flesh of the cattle in any form;

(2) “Cattle” means cow, calf of a cow, bull and bullock of all ages and he or she buffalo below the age of thirteen years;

(3) “Competent authority” means the competent authority appointed under section 3;

(4) “Gau Shala” means a shelter established for the protection and preservation of cattle registered as such with the department of Animal Husbandry and Fisheries under the State or Central Law;

(5) “Notification” means a notification published in the official Gazette;

(6) “Premises” means and includes any land, premises, vessel or vehicle;

(7) “Prescribed” means prescribed by rules made under this Ordinance;
and

(8) “Slaughter” means killing by any method whatsoever and includes maiming and infliction of physical injury which in the ordinary course will cause death.

3. Appointment of competent authority.- The State Government may, by notification, appoint the Tahasildar of a Revenue Taluk or an officer of the Department of Animal Husbandry and Fisheries not below the rank of Veterinary
Officer as the Competent authority under this Ordinance for such local area as may be specified in such notification.

4. Prohibition of slaughter of cattle.- Notwithstanding anything contained in any law, custom, or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally kill or offer or cause to be offered for killing any cattle.

5. Restriction on transport of cattle.– No person shall transport or offer for transport or cause to be transported by whatever means any cattle from any place within the State to any other place within the State for slaughter:

Provided that, the transport of any cattle, in the manner prescribed by the State Government or Central Government, for bona-fide agricultural or animal husbandry purpose shall not be construed as an offence under this section.

6. Restriction on transport of cattle outside the State.- (1) No person
shall transport or offer to transport or cause to be transported by whatever
means cattle from any place within the State to outside the State for the purpose
of slaughter:

Provided that, the Competent Authority may issue permit for transport of
cattle for bona-fide agricultural or animal husbandry purposes:

Provided further that, the cattle shall be transported in the manner
prescribed by the Central Government by rules governing the transport of cattle
under the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960).
(2) The permit issued under sub-section (1) shall be in such form and in
such manner, and subject to payment of such fee as may be prescribed.

7. Prohibition of sale, purchase or disposal of cattle for slaughter.- No
person shall purchase, sell or otherwise dispose of or offer to purchase, sell or
otherwise dispose of or cause to be purchased, sold or otherwise disposed of,
cattle for slaughter or knowing or having reason to believe that such cattle shall
be slaughtered.

8. Power of search and seizure.– (1) Where a Police Officer not below the
rank of Sub-Inspector or a Competent Authority has reason to believe that an
offence under this Ordinance has been committed has power to inspect and seize
such cattle and premises and materials used or intended to be used for the
commission of such offence.
(2) Every person in occupation of any such premises shall allow the
competent authority or an Officer not below the rank of Sub-Inspector such
access to the premises as may be necessary for the aforesaid purpose and shall
answer to the best of his knowledge and belief any questions put to him by the
police Officer not below the rank of Sub-Inspector or the competent authority.
(3) After the seizure under sub-section (1), he shall report such seizure,
without unreasonable delay before the Sub-Divisional Magistrate for confiscation.
(4) On receipt of the report, records relating to premises and materials
used or intended to be used in the commission of the offence, the Sub-Divisional
Magistrate may on his being satisfied that an offence has been committed or
intended to be committed under this Ordinance, may release the materials
including vehicle except cattle on production of a Bank guarantee equal to the
value as estimated by him pending disposal of the criminal proceedings instituted
in respect of the alleged offence and on the execution of Bank guarantee by the
owner thereof of a bond for the production of the property so released as and
when so required before the magistrate having jurisdiction to try the offence on
account of which the seizure had been made and order for handing over the cattle
to an institution established under section 19.
(5) On receipt of report of such seizure records relating to premises and
materials used or intended to be used in the commission of the offence, the SubDivisional Magistrate may on his being satisfied that an offence has been
committed or intended to be committed under this Ordinance, whether a
prosecution is instituted for such offence or not pass such orders confiscating the
same:
Provided that, no such order shall be made without giving an opportunity of being heard to the person who committed the offence.

(6) While making an order for confiscation under sub-section (5), the SubDivisional Magistrate may also order that such of the properties to which the order of confiscation relates which in his opinion cannot be preserved or are not fit for human consumption be destroyed.

(7) If the Sub-Divisional Magistrate in his opinion feels that it is expedient
in the public interest so to do, may sell the confiscated premises in public
auction.

(8) When any confiscated property is sold as aforesaid, the proceeds
thereof, after deduction of the expenses of any such auction or other incidental
expenses, relating thereto, shall, where the order of confiscation is made under
sub-section (5) is set aside or annulled by the Appellate court be paid to the
owner thereof or to the person from whom it was seized as may be specified in
such order.

(9) The confiscated cattle shall be handed over to an institution
established under section 19 and shall not in any circumstances be handed over
to the accused or sold in public auction.

9. Constitution of Special Court.- The Government may, for the purpose of speedy disposal of disputes under this Ordinance by notification, designate any Court as the Special Court for one or more districts.

10. Appeals.– (1) Any person aggrieved by any order passed under section 8 may, within thirty days from the date of receipt of such order appeal to the Sessions Judge having jurisdiction over the area in which the property to which
such order relates has been seized.
(2) The Sessions judge may after giving the persons affected a reasonable opportunity of being heard, pass such order as it deems fit.

11. Bar of jurisdiction in certain cases.– Whenever any cattle and
premises and materials used or intended to be used for the commission of such
offence and detained under the provisions of this Ordinance, the Sub-Divisional
Magistrate or the Sessions Judge hearing an appeal under section 10 shall have
and any other officer or court, tribunal or authority shall not have jurisdiction to
make orders with regard to the custody, possession, delivery, disposal or
distribution of such property.

12. Penalties.- (1) Whoever contravenes the provisions of section 4, shall
on conviction, be punished with imprisonment which shall not be less than three
years but which may extend to seven years or with a fine which shall not be less
than fifty thousand rupees per cattle but which may extend to five lakh rupees or
with both. In the case of second and subsequent offence with a further fine which
shall not be less than one lakh rupees but which may extend to ten lakh rupees
along with imprisonment which may extend to seven years.

(2) Whoever contravenes any of the provisions other than section 4, shall
on conviction, be punished with imprisonment which shall not be less than three
years but which may extend to five years or with fine which shall not be less than
fifty thousand rupees but which may extend to five lakh rupees or with both.

(3) Whoever contravenes any of the provisions of the rules made under
this Ordinance shall on conviction, be punished with imprisonment which shall
not be less than three years but which may extend to five years and with fine
which may extend to fifty thousand.

13. Offences under the Ordinance to be cognizable.– (1) All offences under this Ordinance, shall be cognizable.

14. Forfeiture of materials used for offence.- If accused is convicted, on conviction Court shall forfeit the confiscated cattle, vehicle, premises and materials to the State Government.

15. Abetment.– Whoever abets any offence punishable under this Ordinance or attempts to commit any such offence, shall be punished with the Punishment provided in this Ordinance for such an offence.

16. Persons exercising powers under the Ordinance deemed to be public servants.- All persons exercising powers under this Ordinance shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

17. Protection of persons acting in good faith.- No suit, prosecution or other legal proceedings shall be instituted against the competent authority or any person exercising powers under this Ordinance for anything which is in good faith done or intended to be done under this Ordinance or the rules made thereunder.

18. Exemptions.- (1) Subject to such conditions as may be prescribed, this Ordinance shall not apply to,-

(a) any cattle operated upon for vaccine lymph, serum or for any
experimental or research purpose at an institution established,
conducted or recognised by the State Government; or

(b) any cattle,-
(i) slaughter of which is certified by a Veterinary Officer authorised
by the State Government, to be necessary in the interest of the
public health;
(ii) which is suffering from any disease which is certified by a
Veterinary Officer authorised by the State Government as being
contagious and dangerous to other cattle;

(c) any cattle, slaughter of which is certified to be necessary on the ground
that it is suffering from an incurable disease as terminally ill,-
(i) in the case of a cattle belonging to the Central Government in the
Ministry of Defence, by a Veterinary Officer of the Indian Army;
(ii) in the case of any other cattle, by any officer not below the rank
of Veterinary Officer of the State Government.

(d) Buffalo above the age of thirteen years with certification of the
competent authority.

(2) Any cattle slaughtered under sub-section (1), shall be disposed of
under the supervision of the veterinary officer not below the rank of Veterinary
Officer, the Department of Animal Husbandry and Fisheries in such manner as
may be prescribed.

19. Establishment of institutions for taking care of cattle.- (1) The State Government may establish, or direct any local authority or permit society registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act
17 of 1960), or any Central Act or any association or organization to establish an institution including Gau Shalas at such places as may be deemed necessary for taking care of the cattle to be sent thereto.

(2) The State Government may provide by rules for the proper
management of such institutions for the care of cattle therein and provide
support for the class or variety of cows or other cattle that may be admitted
herein.

(3) The State Government or subject to the previous sanction of the State
Government, the local authority, society or body of persons or association
establishing an institution under sub-section (1), may levy such fees as may be
prescribed for the maintenance of such institution.

(4) Every Gau shala existing on the date of commencement of this
Ordinance and any new Gau shala to be started thereafter shall get registered
with registering officer within three months from the date of commencement of
this Ordinance or the date of starting new Gau shala as the case may be subject
to such conditions along with such fee as may be prescribed.

(5) The State Government may appoint an officer not below the rank of
Assistant Director of Animal Husbandry and Fisheries Department to be the
registering officer for such area as may be specified in the notification.

20. Power to make rules.- (1) The State Government may, by notification, after previous publication, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for,-
(a) the powers and duties of competent authority, in addition to those
provided in this Ordinance;
(b) the form of permits for transportation of cattle under sub-section (2)
of section 6;
(c) the conditions subject to which this Ordinance shall not apply to any
cattle under section 18; and
(d) any other matter which is to be or may be prescribed.
(3) Every rule made under this section shall be laid as soon as may be
after it is made before each House of the State Legislature while it is in session for
a total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the session in which it is so
laid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.

21. Power to remove difficulty.- If any difficulty arises in giving effect to
the provisions of this Ordinance, the State Government may by order published
in the official Gazette make provisions not inconsistent with the provisions of this
Ordinance as it appear to be necessary or expedient for removing the difficulty: [
Provided that, no such order shall be made after the expiry of a period of
two years from the date of commencement of this Ordinance.

22. Repeal and savings.– The Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 (Karnataka Act 35 of 1964) is hereby repealed:

Provided that, the provisions of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of the repeal of the said enactment and sections 8 and 24 of the said Act shall be applicable as if the said enactment had been repealed and promulgated by this Ordinance.

Provided further that, any rule, notification, order or appointment made or issued under the repealed Act shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this
ordinance to the extent they are not inconsistent with the provisions of this ordinance until they are superseded, modified or new rules, notification, order or appointments made under this ordinance.

The above translation of ಕකბಟಕ ೦ඝ฿ฆ ಹ൤౲ ಪ౳ൟීಧಕ ಮൡ౨ ๸ರౘ൏ ಅඋ౲ඃಶ, 2020 (2021ರ ಕකბಟಕ ಅඋ౲ඃಶ ๸ಒ౲: 01) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India.

VAJUBHAI VALA
GOVERNOR OF KARNATAKA
By order and in the name of the
Governor of Karnataka,
(K. DWARAKANATH BABU)
Secretary to Government
Department of Parliamentary Affairs and Legislation