State Act

The Dadra and Nagar Haveli and Daman and Diu Prevention of Cow Slaughter Act, 1978 (Act No. 13 of 1978)

Act no. 13 of 1978197810 sectionsIn forceDadra and Nagar Haveli and Daman and Diu (State Act)

1. Short title, extent and commencement.—(1) This Act may be called the 3[Dadra and Nagar Haveli and] Daman and Diu Prevention of Cow Slaughter Act, 1978. (2) It extends to the whole of the Union territory of 4[Dadra and Nagar Haveli and] Daman and Diu. (3) It shall come into force at once.

2. Definitions.— In this Act, unless the context otherwise requires,— (a) ‘beef’ means flesh of cow in any form;5[…] (b)‘cow’ means and includes cow, 6[ bull, bullock, ox,] heifer or calf; (c) 7[‘Government’ means the Union territory Administration of Dadra and Nagar haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution;] (d) ‘slaughter’ means killing by any method whatsoever 8[and includes maiming, poisoning, insensate and inflicting of physical injury which in the ordinary course will cause death]; (e) ‘notification’ means a notification published in the Official Gazette and the word ‘notified’ shall be construed accordingly; (f) ‘prescribed’ means prescribed by rules made under this Act 9[;] 10[(g) ‘uneconomic cow’ includes stray, unprotected, infirm, disabled, diseased or barren cow.]

3. Prohibition of cow slaughter.— Notwithstanding anything contained in any other law for the time being in force or any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any cow in any place in the Union territory of 11[ Dadra and Nagar Haveli and] Daman and Diu: Provided that killing of a cow by accident or in self defence will not be considered as slaughter under the Act.

4. 12[…]

5. 13[Prohibition of sale of beef.— (1) No person shall directly or indirectly sell, keep, store, transport, offer or expose for sell or buy beef or beef products in any form. (2) Whenever any person transports or causes to be transported the beef or beef products, such vehicle or any conveyance used in transporting such beef or beef products alongwith such beef or beef products shall be liable to be seized by such authority or officer as the Administrator may appoint in this behalf. (3) The vehicle or conveyance so seized under sub-section (3) shall stand forfeited to Government in the manner as may be prescribed.]

6. Establishment of institutions.— There shall be established by the Government or by any local authority, when so directed by the Government, institutions for the reception, maintenance and care of uneconomic cows.

7. Levy of charges of fees.— The Government or the local authority, if so authorised, may levy such fees as may be prescribed for care and maintenance of uneconomic cows in the institution.

8. 14[Prohibition of sale of beef.— (1) Whoever in contravention of the provisions of section 3, slaughters cow shall, on conviction, be punished with imprisonment for a term which may extend to imprisonment for life but shall not be less than ten years and with fine which may extend to five lakh rupees but shall not be less than one lakh rupees. (2) Whoever contravenes the provisions of section 5 shall, on conviction, be punished with imprisonment for a term which may extend to ten years but shall not be less than seven years and with fine which may be extend to five lakh rupees but shall not be less than one lakh rupees].

9. Offences to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) an offence punishable under sub-section (1) of section 8 shall be cognizable and non-bailable.

10. Power to make rules.— (1) The Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for,— (a) the conditions and the circumstances under which cows may be slaughtered under sub-section (1) of section 4; (b) the manner in which diseases shall be notified under clause (b) of sub-section (1) of section 4; (c) the manner in which permission shall be obtained under sub-section (2) of section 4; (d) the form and contents of the certificate mentioned in clause (a) of sub-section (1) of section 4 and the authorities competent to grant it; (e) the manner in which and conditions under which beef or beef-products are to be sold under section 5; (f) the matters relating to the establishment, maintenance, management, supervision and control of institutions referred to in section 6; (g) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer or authority; and (h) any other matter which has to be or may be prescribed. 15[…]