THE MADHYA PRADESH GOVANSH VADH PRATISHEDH ADHINIYAM, 2OO4

PREAMBLE

What is the Act number of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

It is Madhya Pradesh Act No. 6 of 2004.

When did the Governor give assent to the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Governor gave assent on 26 March 2004.

When was the assent of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 first published?

It was first published in the Madhya Pradesh Gazette (Extra-ordinary) on 29th March 2004.

What is the objective of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Act aims to prohibit the slaughter of cow progeny and to ensure preservation and conservation of cow progeny.

What is the broader purpose of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

It is enacted in the interest of general public and to maintain communal harmony and peace.

By whom was the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 enacted?

It was enacted by the Madhya Pradesh Legislature.

In which year of the Republic of India was the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 enacted?

It was enacted in the Fifty-fifth year of the Republic of India.

What does Section 1 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 1 deals with short title, extent and commencement of the Act.

What is the short title of the Act under Section 1(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Act may be called the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004.

To which area does the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 extend under Section 1(2)?

It extends to the whole of the State of Madhya Pradesh.

When does the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 come into force under Section 1(3)?

It comes into force from the date of its publication in the Madhya Pradesh Gazette.

What does Section 2 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 2 deals with definitions under the Act.

What is meant by "beef" under Section 2(a) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Beef" means the flesh of cow progeny whose slaughter is prohibited under this Act.

What is meant by "cow progeny" under Section 2(b) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Cow progeny" means cows, bulls, bullocks and calves of cows.

What is meant by "Competent Authority" under Section 2(c) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Competent Authority" means a person appointed by the State Government by notification to perform the functions under this Act in a specified local area.

What is meant by "institution" under Section 2(d) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Institution" means a charitable institution registered under any law for keeping, breeding, maintaining, protecting or treating cow progeny.

What is meant by "slaughter" under Section 2(e) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Slaughter" means killing by any method and includes maiming or causing injury likely to cause death or doing any act intended to cause unnatural death.

What is meant by "transport" under Section 2(ea) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Transport" means carrying cow progeny from one place to another by vehicle or on foot except for bona fide agricultural or ancillary purposes.

What is meant by "transporter" under Section 2(eb) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Transporter" means the person responsible for transporting cow progeny or beef.

Who is included as a transporter under Section 2(eb)(i) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The owner of the vehicle carrying cow progeny or beef if the booking was made under his instruction or within his knowledge.

Who is included as a transporter under Section 2(eb)(ii) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The person in charge of the vehicle and his assistant carrying cow progeny or beef.

Who is included as a transporter under Section 2(eb)(iii) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The person in charge of a transport company transporting cow progeny or beef if booking was done under his instruction or knowledge.

Who is included as a transporter under Section 2(eb)(iv) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

A partner of a transport firm if the booking was undertaken under his instruction or within his knowledge.

What is meant by "Veterinary Officer" under Section 2(f) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Veterinary Officer" means a person appointed as a Veterinary Officer under Section 3.

What is meant by "vehicle" under Section 2(g) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

"Vehicle" means any mechanically or manually driven conveyance used on land, water or air.

What does Section 3 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 3 deals with appointment of Veterinary Officer.

Who appoints the Veterinary Officer under Section 3 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Commissioner-cum-Director of Veterinary Services, Madhya Pradesh appoints the Veterinary Officer.

How is the Veterinary Officer appointed under Section 3 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The appointment is made by a general or special order.

For what purpose is the Veterinary Officer appointed under Section 3 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Veterinary Officer is appointed for the purposes of this Act for a specified local area.

What does Section 4 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 4 deals with prohibition of slaughter of cow progeny.

What prohibition is imposed under Section 4 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No person shall slaughter, cause to be slaughtered, or offer or cause to be offered for slaughter any cow progeny by any means.

What does Section 5 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 5 deals with prohibition on possession and transport of beef.

What prohibition is imposed under Section 5 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No person shall possess or transport beef of any cow progeny slaughtered in contravention of the provisions of this Act.

What does Section 6 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 6 deals with prohibition on transport of cow progeny for slaughter.

What prohibition is imposed under Section 6 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No person including a transporter shall transport or cause to be transported any cow progeny for the purpose of its slaughter.

Does Section 6 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 apply to transport within and outside the State?

Yes, the prohibition applies to transport within the State as well as outside the State.

What mental element is required for liability under Section 6 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Liability arises if the person knows or has reason to believe that the cow progeny will be or is likely to be slaughtered.

What does Section 6A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 6A deals with prohibition of export of cow progeny and grant of permit.

What prohibition is imposed under Section 6A(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No person including a transporter shall export or cause to be exported any cow progeny from the State to outside the State without a permit.

Who grants the permit for export of cow progeny under Section 6A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Competent Authority grants the permit.

Within what time must the Competent Authority grant the permit under Section 6A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The permit shall be granted within seven days of the application.

For what purposes can export of cow progeny be permitted under Section 6A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Export may be permitted for agricultural or dairy farming purposes or for participation in cattle fairs and similar purposes, but not for slaughter.

What remedy is available against the order of the Competent Authority under Section 6A(3) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

An application may be made to the Divisional Commissioner within thirty days.

What power does the Divisional Commissioner have under Section 6A(3) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Divisional Commissioner may examine the record and pass appropriate orders regarding correctness, legality or propriety.

What is the finality of the order passed by the Divisional Commissioner under Section 6A(3) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The order is final and cannot be challenged in any civil court.

What does Section 6B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 6B deals with prohibition of transporting cow progeny via Madhya Pradesh and grant of transit permit.

What prohibition is imposed under Section 6B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No person including a transporter shall transport cow progeny via Madhya Pradesh without a transit permit.

What must a person do to transport cow progeny from one State to another through Madhya Pradesh under Section 6B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The person must obtain a transit permit from the Competent Authority in the prescribed manner.

What does Section 7 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 7 deals with strengthening of institutions related to cow progeny.

What duty is imposed on the State Government under Section 7 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The State Government shall take necessary steps for strengthening institutions engaged in activities related to cow progeny.

What does Section 8 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 8 deals with levy of charges by institutions.

Who may levy charges under Section 8 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The person in charge of the institution may levy charges.

For what purpose may charges be levied under Section 8 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Charges may be levied for the care and maintenance of infirm, aged and diseased cow progeny from their owners.

What does Section 9 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 9 deals with penalties for contravention of the Act.

What is the punishment for contravention of Section 4 under Section 9(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Imprisonment of not less than one year which may extend to seven years and fine not less than five thousand rupees.

What acts are punishable under Section 9(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Contravention, attempt to contravene, or abetment of contravention of Section 4.

What is the punishment for contravention of Sections 5, 6, 6A and 6B under Section 9(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Imprisonment of not less than six months which may extend to three years and fine not less than five thousand rupees.

What acts are punishable under Section 9(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Contravention, attempt to contravene, or abetment of contravention of Sections 5, 6, 6A and 6B.

What does Section 10 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 10 deals with the nature of offences under the Act.

What is the nature of offences under Section 10 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

All offences under this Act are cognizable and non-bailable notwithstanding the Code of Criminal Procedure, 1973.

What does Section 11 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 11 deals with power of entry, inspection, search and seizure.

What power is given to the Competent Authority under Section 11(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Competent Authority or authorized person may enter and inspect any premises where an offence under this Act is suspected.

What duty does the occupier of premises have under Section 11(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The occupier must allow access to the Competent Authority and answer questions to the best of his knowledge.

What powers are given under Section 11(3)(a) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

A police officer not below the rank of Head Constable may stop, enter and search any vehicle used for transport or export of cow progeny or beef.

What seizure powers are provided under Section 11(3)(b) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The officer may seize cow progeny, beef and the vehicle suspected of violating Sections 4, 5, 6, 6A and 6B.

Which CrPC provision applies to searches and seizures under Section 11(4) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Section 100 of the Code of Criminal Procedure, 1973 applies to such searches and seizures.

What action may be taken in case of violation under Section 11(5) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Police may seize the vehicle, cow progeny and beef, and the District Magistrate may confiscate them in the prescribed manner.

What does Section 11A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 11A deals with appeal against order of confiscation.

Who may file an appeal under Section 11A(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Any person aggrieved by an order of confiscation under Section 11(5).

To whom is the appeal filed under Section 11A(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The appeal is filed before the Divisional Commissioner who acts as the Appellate Authority.

Within what time must an appeal be filed under Section 11A(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The appeal must be filed within thirty days from the date of the order or from the date of knowledge of the order.

What must accompany the appeal under Section 11A(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The appeal must be in writing with a certified copy of the confiscation order and the prescribed fee.

What clarification is provided in the explanation to Section 11A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The time required to obtain the certified copy of the confiscation order shall be excluded while computing the thirty-day limitation period.

What duty does the Appellate Authority perform upon receiving the memorandum of appeal under Section 11A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority shall issue notice for hearing of the appeal to the officer effecting seizure and other affected persons and call for the record of the case.

Who must be notified for hearing of the appeal under Section 11A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The officer effecting seizure and any other person likely to be adversely affected by the confiscation order.

Is formal notice of appeal mandatory under the proviso to Section 11A(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

No, the parties may be informed of the date of hearing in any other manner by the Appellate Authority.

What intimation must the Appellate Authority send under Section 11A(3) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority shall send intimation in writing of lodging of the appeal to the District Collector.

What interim power is given to the Appellate Authority under Section 11A(4) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority may pass interim orders regarding custody or disposal of the confiscated property as it considers just and proper.

Can parties be represented by legal practitioners under Section 11A(5) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Yes, the Appellate Authority may permit parties to be represented by their legal practitioners considering the nature or complexity of the case.

What procedure is followed by the Appellate Authority during hearing of appeal under Section 11A(6) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority shall peruse the record and hear the parties in person, through an authorized agent, or through a legal practitioner.

What orders may the Appellate Authority pass under Section 11A(6) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority may confirm, reverse or modify the order of confiscation.

What additional power does the Appellate Authority have before passing final order under Section 11A(6) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

It may conduct further inquiry itself or direct the District Collector to conduct such inquiry.

What evidentiary power is given to the Appellate Authority under Section 11A(6) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

It may allow parties to file affidavits to assert or refute facts and permit proof of facts by affidavits.

What power is given to the Appellate Authority under Section 11A(7) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Appellate Authority may pass consequential orders as it deems necessary.

What must be done with the final or consequential order under Section 11A(8) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

A copy of the order shall be sent to the District Collector for compliance or for passing appropriate orders in conformity with the Appellate Authority’s decision.

What does Section 11B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 11B deals with revision before the Court of Sessions against the order of the Appellate Authority.

Who may file a revision under Section 11B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Any party to the appeal aggrieved by the final order or consequential order of the Appellate Authority.

To which court is the revision filed under Section 11B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The revision is filed before the Court of Sessions within the Sessions Division where the headquarters of the Appellate Authority is situated.

Within what time must revision be filed under Section 11B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The revision must be filed within thirty days from the date of the order.

What clarification is provided in the explanation to Section 11B of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The time required for obtaining the certified copy of the order of the Appellate Authority shall be excluded while computing the thirty-day limitation period.

What does Section 12 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 12 deals with rehabilitation.

What duty is imposed on the State Government under Section 12 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The State Government shall make rules for the economic rehabilitation of persons directly affected after the coming into force of this Act.

What does Section 12A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 12A deals with maintenance of seized cow progeny.

What duty is imposed on the State Government under Section 12A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The State Government shall take necessary action for feeding and maintenance of seized cow progeny in the prescribed manner.

What does Section 13A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 13A deals with burden of proof on the accused.

On whom does the burden of proof lie under Section 13A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The burden of proof lies on the accused.

When does the burden of proof shift to the accused under Section 13A of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

When the prosecution produces prima facie evidence against the accused at the first instance.

What does Section 14 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 14 deals with officers exercising powers under this Act being deemed public servants.

Who are deemed to be public servants under Section 14 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Competent Authorities, Veterinary Officers and other persons exercising powers under this Act.

Under which law are these officers deemed public servants under Section 14 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Under Section 21 of the Indian Penal Code, 1860.

What does Section 15 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 15 deals with the overriding effect of the Act.

What is the overriding provision under Section 15 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The provisions of this Act shall prevail notwithstanding anything inconsistent contained in any other law or instrument having effect by virtue of any law.

What does Section 16 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 16 deals with the power to remove difficulties.

What power is given to the State Government under Section 16 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The State Government may make provisions or give directions to remove any difficulty in implementing the Act.

What condition must be followed while removing difficulties under Section 16 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The provisions or directions must not be inconsistent with the provisions of this Act.

What does Section 17 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 17 deals with the power to make rules.

What power is given to the State Government under Section 17(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The State Government may make rules by notification for carrying out the provisions of this Act.

From when do the rules take effect under Section 17(1) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The rules take effect from the date of their publication or from such other date as may be specified.

What requirement is provided under Section 17(2) of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 regarding rules?

The rules shall be laid on the table of the Legislative Assembly as soon as possible after publication.

What does Section 18 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 deal with?

Section 18 deals with repeal and savings.

Which law is repealed under Section 18 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

The Madhya Pradesh Govansh Vadh Pratishedh Adhyadesh, 2004 (No. 1 of 2004) is repealed.

What does the saving clause protect under Section 18 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

It protects the previous operation of the repealed law and anything done or suffered under it.

What does the saving clause provide regarding penalties under Section 18 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Any penalty, forfeiture or punishment incurred under the repealed law remains valid.

What does the saving clause provide regarding investigations and proceedings under Section 18 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004?

Investigations, legal proceedings or remedies may continue and penalties may be imposed as if the Act had not been passed.