Pakistan (Punjab) Legislation

THE PUNJAB ANIMALS SLAUGHTER CONTROL ACT, 1963

(W.P. Act III of 1963)

Section Heading

1. Short title, extent and commencement.

2. Definitions.

3. Restriction on slaughter of animals.

3A. Presumptions.

4. Examination in stock-yard.

5. Prohibition to cause abortion.

6. Power to exempt.

7. Power of entry, search and seizure.

8. Penalty.

8A. Cognizance, bail and summary trial.

8-B. Cognizance of offences.

8-C. Offences to be tried by whom.

9. Forfeiture.

9A. Record of skins and hides.

10. Reward to informers.

10A. Monitoring and evaluation

11. Rules.

12. Repeal.

^[1]THE PUNJAB ANIMALS SLAUGHTER CONTROL ACT, 1963

(W.P. Act III of 1963)

[17 April 1963]

An Act to prohibit the slaughter of useful animals and to

regulate the slaughter of other animals in ^[2][the Punjab]

Preamble.- WHEREAS it is expedient to prohibit the slaughter of useful animals and to regulate the slaughter of other animals in the province of ^[3][the Punjab];

It is hereby enacted as follows:-

1. Short title, extent and commencement.- (1) This Act may be called ^[4][the Punjab] Animals Slaughter Control Act, 1963.

^[5][(2) It extends to the whole of the province of ^[6][the Punjab], except the Tribal Areas.]

(3) This section shall come into force at once and the remaining provisions of the Act or any of them shall come into force in such ^[7][* * *] area and on such date as Government may, by notification in the official Gazette, specify in this behalf.

2. Definitions.- In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

^[8][(a) "animal" means a bull, bullock, buffalo, buffalo-bull, camel, cow, goat, ostrich, sheep or any other halal animal of any age domesticated in captivity;]

^[9][(b) "carcass" means a de-skinned body of an animal and includes a part of a de-skinned body of an animal;]

^[10][(ba) "Code" means the Code of Criminal Procedure, 1898 (V of 1898);]

(c) "cull" means to pick an animal which is suitable neither for breeding purposes nor for draught purposes;

^[11][(ca) "gazetted officer" means an officer of the Government at Tehsil and District level authorized by the Government to act as gazetted officer for purposes of the Act;]

(d) "Government" means the ^[12][Provincial Government of the Punjab];

^[13][(e) "local authority" means a local government as defined under the Punjab Local Government Act 2013 (XII of 2013) or a Cantonment Board established under the Cantonment Act, 1924 (II of 1924) or a body constituted under any other law for the performance of the functions of local government;]

^[14][(ee) "meat" means the meat of an animal;]

(f) "prescribed" means prescribed by rules made under this Act;

^[15][(ff) "rules" mean rules made under this Act;]

(g) "slaughter" means to kill animals by any means;

(h) "slaughter-house" means any building or premises used for slaughtering animals and approved by the local authority concerned;

^[16][(i) "stock yard" means any enclosure, constructed, managed or approved by a local authority where animals are assembled for examination by the Veterinary Officer to determine their suitability for slaughtering or where animals approved for slaughtering are housed until they are removed to the slaughter-house;]

^[17][(j) "area" means an area which the Government may, by notification in the official Gazette, declare to be an area for the purposes of this Act;]

^[18][(k) "useful animal" means:

(i) a female sheep or goat below the age of one year and six months;

(ii) a male sheep or goat below the age of three months;

(iii) a calf below the age of four months;

(iv) a female sheep or goat of the age exceeding one year and six months but not exceeding four years, which is pregnant or fit for breeding purposes;

(v) a female animal, other than sheep or goat below three years of age;

(vi) a female animal, other than sheep or goat, which is pregnant or in milk or fit for breeding purposes;

(vii) a female animal, other than sheep or goat, between three to ten years of age which is fit for draught purposes;

but does not include an animal which, on account of culling, injury or any other cause not adversely affecting the quality of meat for human consumption, is certified in writing by a Veterinary Officer or a gazetted officer as no longer a useful animal for purposes of the Act;]

^[19][(l) "Veterinary Officer" means a Veterinary Officer under the administrative control of Livestock and Dairy Development Department of the Government.]

^[20][3. Restriction on slaughter of animals.- (1) A person shall not slaughter a useful animal.

(2) An animal shall not be slaughtered:

(a) except in accordance with this Act and in a slaughter-house;

(b) unless the animal is approved for slaughter in accordance with the Act; or

(c) on Tuesday and Wednesday or on such other day or days as the Government may, by notification in the official Gazette, specify.

(3) A person shall not:

(a) sell, keep, store, transport, supply, offer or expose for sale, or hawk any meat or carcass of a:

(i) haram animal or of an animal which died of, or has suffered from contagious diseases or has been poisoned to death, or died because of gunshot wound or electrocution;

(ii) meat or carcass of any animal which has been slaughtered in contravention of this Act or does not bear the stamp, mark, tag or certification of the slaughter-house specified by the concerned local authority; or

(b) sell or cause to be sold any meat at a place other than that set apart or approved for this purpose by the concerned local authority.

(4) Nothing contained in this section shall apply to the slaughter of an animal by a Muslim on the day of Eid-ul-Azha and the two succeeding days of Eid-ul-Azha or any other religious ceremony.]

^[21][3A. Presumptions.- In every prosecution under this Act, the court shall presume that any:

(a) meat or carcass found in possession of any person who is, or has been, habitually selling, keeping, storing, transporting, offering or exposing for sale, or hawking the meat or carcass, was being sold, kept, stored, transported, offered or exposed for sale or hawked by such person;

^[22][(b) meat or carcass which does not bear the stamp, mark, tag or certification of a slaughter-house has been slaughtered in contravention of the Act.]

(c) person who is in possession of the premises, where an offence under the Act has been or is being committed by another person, has abetted the offence;

(d) meat obtained from an animal slaughtered in contravention of the Act is unfit for human consumption;

(e) animal captured from the premises, where other animal is illegally slaughtered, is being kept there for the purpose of illegal slaughtering; and

(f) person dealing in, or processing skins and hides of dead or haram animals, without maintaining proper authentic record under section 9-A, is involved in sale of meat of dead or haram animals.]

4. Examination in stock-yard.- (1) Any person intending to slaughter an animal in slaughter-house shall produce the animal in the stock yard for examination at any time during the hours fixed by the local authority concerned for inspection.

(2) After examination of any such animal, the Veterinary Officer may approve it for slaughter:

Provided that no useful animal shall be so approved.

^[23][(3) A person aggrieved by a decision of the Veterinary Officer may, within twenty four hours of such decision, prefer an appeal against the decision to an officer notified, for the purpose, by the Government.]

(4) Subject to the decision of the appellate authority the decision of the Veterinary Officer shall be final.

5. Prohibition to cause abortion.- No person shall voluntarily cause a pregnant sheep mis-carry or induce premature birth of its young.

6. Power to exempt.- Government may, under special circumstances subject to such conditions as it may deem fit to impose, exempt any person or class of persons from all or any provisions of this Act.

^[24][7. Power of entry, search and seizure.- (1) A Veterinary Officer or any gazetted officer may-

(a) enter and search a slaughter-house or any other premises where he has reason to believe that an offence under this Act or rules has been, is being or is about to be committed, and may seize any animal, carcass or meat, in respect of which such offence has been, is being or is about to be committed, as the case may be; and

(b) arrest or cause to be arrested any person who, in his view, commits any offence under the provisions of this Act or the rules.

^[25][(2) A Veterinary Officer or a gazetted officer arresting or causing the arrest of any person, or seizing or causing the seizure of any animal, carcass or meat shall:

(a) without unnecessary delay, send the person arrested to the police-officer along with a report, in writing, stating facts constituting the offence for which such person has been arrested;

(b) dispose of the seized meat, carcass or other items under section 9;

(c) seal the premises for a period up to seven days being used for illegal slaughtering of animals, sale and storage point of illegally slaughtered meat to preserve evidence of the offence under intimation to local authority about illegal use of the premises; and

(d) send a complaint to the appropriate authority for suspension and cancellation of the license of the person.]

^[26][8. Penalty.- (1) If a person contravenes any provision of this Act, other than the provisions of clause (a) of subsection (3) of section 3, or the rules, he shall:

(a) on first conviction, be punished with imprisonment for a term which may extend to six months but which shall not be less than fifteen days and with fine which may extend to one hundred thousand rupees but which shall not be less than twenty five thousand rupees;

(b) on second conviction, be punished with imprisonment which may extend to one year but which shall not be less than one month and with fine which may extend to two hundred thousand rupees but which shall not be less than one hundred thousand rupees; and

(c) on third or subsequent conviction, be punished with imprisonment which may extend to two years but which shall not be less than six months and with fine which may extend to five hundred thousand rupees but which shall not be less than two hundred thousand rupees.

(2) If a person contravenes any provision of clause (a) of subsection (3) of section 3, he shall be punished with imprisonment which may extend to eight years but which shall not be less than four years and with fine which may extend to five hundred thousand rupees but which shall not be less than three hundred thousand rupees.

(3) An attempt to contravene any provision of this Act or the rules and an abetment of such contravention shall be punished as an offence under this Act.]

^[27][8A. Cognizance, bail and summary trial.- (1) Notwithstanding anything contained in the Code, an offence punishable under this Act shall be cognizable and non-bailable.

(2) A magistrate of the first class shall conduct the trial of an offence under the Act in accordance with the provisions of Chapter XXII of the Code relating to the summary trials.]

8-B. Cognizance of offences.- No court shall take cognizance of any offence punishable under this Act or the rules except on a report, in writing, of the facts constituting such offence made by a Veterinary Officer or a gazetted officer.

8-C. Offences to be tried by whom.- No court inferior to that of a magistrate of the first class shall try any offence punishable under this Act or the rules.]

^[28][9. Forfeiture.- (1) The court trying an offence under this Act may direct that any animal, carcass or meat in respect of which the court is satisfied that an offence under the Act has been committed, be forfeited to the Government in accordance with law .

(2) Any meat or its by-products slaughtered in contravention of the Act shall be forfeited to the Government and shall be disposed of through burial, incineration or any other manner, as may be prescribed.

(3) The police-officer, for earliest disposal of animal, carcass, meat or other by-product, shall immediately submit a request to the court for obtaining appropriate orders.

(4) Subject to subsection (3) an animal shall be auctioned by a gazetted officer at the designated slaughter-house, after making publicity in the prescribed manner.]

^[29][9A. Record of skins and hides.- Any person, dealing in or processing of skins and hides of dead or haram animals, shall keep a complete record of the procurements and supplies of the skins and hides in the prescribed manner and the Veterinary Officer or gazetted officer may inspect the premises where the person deals in or processes skins and hides of dead haram animals.]

^[30][10. Reward to informers.- The court trying an offence under this Act may direct that an amount not exceeding seventy five percent of such sum as may be realized by way of fine or under section 517 of the Code, be awarded to the person or persons supplying information relating to the commission of the offence under the Act.]

^[31][10A. Monitoring and evaluation.- (1) The Government shall, at least once in a year, conduct or cause to be conducted, the performance audit of the persons and authorities performing functions under this Act inter alia to assess and evaluate the performance of those persons and authorities in accomplishing the objectives of the Act.

(2) The Government shall evaluate the report mentioned in subsection (1) and shall, on the basis of the report, issue such directions to the concerned persons or authorities as may be necessary for accomplishing the objectives of the Act.]

11. Rules.- Government may frame rules-

(i) to regulate the procedure for the disposal of animals, carcass or meat seized under this Act; and

(ii) generally to give effect to the provisions of this Act.

^[32][12. Repeal.- Section 43 of the Punjab Laws Act, 1872 is hereby Repealed.]