|DELHI AGRICULTURAL CATTLE PRESERVATION ACT, 1994|
AGRICULTURAL CATTLE PRESERVATION ACT, 1994
7 of 1994
AN ACT to provide for the preservation of animals suitable for milch, draught, breeding or agricultural puropses Be it enacted by the Legislative Assmebly of the National Capital Territory of Delhi in the Froty-Fifth year of the Republic of India as the follows :
Section1 Short title, extent and commencement
1. This Act may be called the Delhi Agricultural Cattle Preservation Act, 1994
2. It extends to the whole of the National Capital Territory of Delhi
3. It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint in this behalf
In this Act unless there is anything repugnant in the subject or context:
(a) 'Agricultural Cattle' means an animal specified in the Schedule;
(b) 'Competent Authority' means the Director, Animal Husbandry, Government of Delhi;
(c) 'Delhi' means the National Capital Territory of Delhi;
(d) 'Export' means to take out from Delhi to any place outside it;
(e) ' Government' means the Government of the National Capital Territory of Delhi;
(f) 'Slaughter' means killing by any method whatsover and includes maming or inflicting of physical injury which in the ordinary course will cause death;
(g) 'Veterinary Officer' means a person appointed as such or invested with the powers of a Veterinary Officer under Section 3
Section3 Appointment of a Veterinary Officer
The comptent authority, may, by a general or special order appoint, for the purpose of this Act, any person or class persons, to be the Veterinary Officer for a local area specified in the order, or invest any person with all or any of the powers of a Veterinary Officer in such area
Section4 Prohibition on slaughter of Agricultural Cattle
Notwithstanding anything contained in any other law for the time being in force or in any usage or custom to the contrary, no person shall slaughter or cuase to be slaughtered or offer or cause to be offered for slaughter any agricultural cattle
Section5 Prohibition on transport or export of agricultural cattle for slaughter
(1) No person shall transport or offer for transport or cause to be transported agricultural cattle from any place within Delhi to any place outside Delhi, 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
(2) No person shall export or cause to be exported any agricultural cattel for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be slaughtered
(3) Any person desiring to export any agricultural cattle shall apply for a permit to concerned Veterinary Officer stating the reasons for which they are to be exported and the number of agricultural cattel with age and sex and also the name of the State/Union Territory to which they are proposed to be exported and shall further file a declaraion to the effect that the agricultural cattle for which the permit for exports is required, shall not be slaughtered.
Provided that an application for grant of a permit shall not be refused without according reasons therefor in writing.
Provided futher that the permit shall not be granted for export of agricultural cattle to a State/Union Territory where slaughter of agricultrual cattle is not banned by law
(4) Transportation or export of agricultural cattle with a view of replacement, may be regulated through a valid permit with due verification by concerned Veterinary Officer
(5) The form of permit and the fee for issuing permit shall be such as may be prescribed by the rules framed under section 19 of the Act
Section6 Appeal against the orders of refusal to grant permit under section 5
Any person feeling aggrieved by order of refusal to grant permit under section 5 may file an appeal before the Competent Authority within a period often days from the date of communication of such an order, and the order passed in appeal by the Competent Authority shall be final
Section7 Prohibition on sale, purchase, disposal in any other manner of agricultural cattle
No person shall purchase, sell or otherwise dispose of or offer to purchase, sell or otherwise dispose of any agricultural cattle for slaughter of knowing or having reason to believe that such agricultural cattle shall be slaughtered
Section8 Prohibition on possession of flesh of Agricultural Cattle
Notwithstanding anything contained in any other law for the time being in force no person shall have in his possession flesh of any agricultural cattle slaughtered in contravention of the provisions of this Act
Section9 Prohibition on possession of flesh of Agricultural Cattle slaughtered outside Delhi
No person shall have in his possession flesh of any agricultural cattle slaughtered outside Delhi
Section10 Establishment of Institutions
There shall be established by the Government or any Non-Government organisation wherever so directed by the Government, institutions for the reception, maintenance and the care of agricultural cattle
Section11 Power of entry, search and seizure
(1) For the purpose of enforcing the provisions of this Act the Competent Authority or the Veterinary Officer in writing in this behalf, shall have power to enter and inspect any premises within the local limits of his jurisdiction, where he has reason to believe that an offence under this Act has been or is being or is likely to be committed
(2) Every person in occupation of any such premises as is specified in sub-section (1) shall allow the Competent Authority or the Veterinary Officer, as the case may be, such access to the premises as he may require for the aforesaid purpose, and shall answer any question put to him by the Competent Authority or the Veterinay Officer, as the case may be to the best of his knowledge or belief
(3) Any Police Officer not below the rank of Sub-Inspector or any person authorised in this behalf by the Government of Delhi may, with a view to securing compliance of the provisions of section 5, 7, 8 or 9 for satisfying himself that the provisions of the said sections have been complied with may,
(a) enter, stop and search, or authorise any person to enter, stop and search any vehicle used or intended to be used for the export of agricultural cattle
(b) seize or authorise the seizure of agricultural cattle in respect of which he suspects that any provision of sections 5, 7, 8 or 9 has been, is being or is about to be contravened alongwith the vehicles in which such agricultural cattle are found and thereafter take or authorise the taking of all measures necessary for securing the production of agricultural cattle and vehicles so seized, in a court and for their safe custody pending production.
Provided that pending trial seized agricultural cattle shall be handed over only to the nearest Gosadan, Ghoshala, Pinjrapole, Hinsa Nivaran Sangh and such other Animal Welfare Organizations and the accused shall be liable to pay for their maintenance for the period they remain in custody with any of the said institution/organizations
(4) The provisions of section 100 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.
Section12 Penalty for contravention of sections 4, 5 or 7
Whoever contravens the provisions of section 4, 5 or 7 shall be punished with imprisonment of either description for a term which may extend to five years and fine which may extend to rupees ten thousand.
Provided that except for special and adequate reasons to be recorded in the judgement by the court such imprisonment shall not be of less than 6 months and such fine shall not be of less than one thousand rupees.
Section13 Penalty for contravention of sections 8 or 9
Whoever contravenes the provisions of sections 8 or 9 shall be punished with imprisonment of either description for a term which may extend to one year or fine which may extend to two thousand rupees.
Section14 Burden of proof on accused
In any trial for an offence punishable under sections 12 or 13 for contravention of the provisions of this Act, the burden of proving that the slaughter, transport, export, sale, purchase or possession of flesh of agricultural cattle was not in contravention of the provisions of this Act, shall be on the accused.
Section15 Offences to be cognizable and non bailable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) offences punishable under this Act shall be cognizable and non-bailable
Section16 Officers exercising powers under this Act shall be deemed to be public servants
Competent Authority, Veterinary Officers and other persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)
Section17 Protection of persons acting in good faith
No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is done by him in good faith or intended to be done under this Act or the rules made thereunder.
Section18 Constitution of a Board to supervise the proper implementation of the Act and Rules framed thereunder
The Government shall constitute a Board to supervise the proper implementation of the Act and the rules framed thereunder and the constitution of the Board shall be as under:
(a) Minister-in-Charge of the Deptt. of Animal Husbandry. -Chairman
(b) Development Commissioner. -Member Secretary
(c) 3 M.L. A.s to be nominated by the Goverment. -Members
(d) 5 Non-official representatives of social and developmental organizations registered under the relevant Acts or the persons actively engaged in looking after the welfare of the animals, to be nominated by the Government. -Members
(e) 5 Government officials to be nominated by the Government. -Members
However, no remuneration, TA or DA will be admissible to non-official members, Govt. may also nominate as Vice Chairman any of the 5 non-official representives nominated under Section 18(d).
Section19 Power to make rules
(i) The Government may, by notification, make rules for the purposes of carrying out the effective implementation of the provisions of this Act
(ii) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for :-
(a) the forms and manner in which applications for permit under Section 5 shall be made and the fees payable in respect of such applications
(b) the form of permit to be issued under Section 5
(c) every rule made under this Act shall be laid, as soon as it is made, before the Legislative Assembly of the National Capital Territory of Delhi
Section20 Repeal and Saving
The Uttar Pradesh Prevention of Cow Slaughter Act 1955 (Act No. 1 of 1956) as extended to Delhi is hereby repealed:
Provided that the repeal shall not affect:-
(i) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(ii) any penalty, forfeiture or punishment incurred in respect of any offence comirted against any law so repealed ; or
(iii) any investigation, legal proceeding or remedy in respect of any penalty, forefeiture or punishment as aforesaid; and any such penalty, forefeiture or punishment may be imposed as if this Act had not been passed
SCHEDULE 1 SCHEDULE
SCHEDULE [Se Section 2(a)] SCHEDULE
[Se Section 2(a)]
1. Cows of all ages.
2. Calves of Cows of all ages.
U.P. SINGH, Dy. Secy.
AGRICULTURAL CATTLE PRESERVATION RULES, 1996
In exercise of the powers conferred by section 19 of the Delhi Agricultural Cattle Preservation Act, 1994 (Delhi Act No. 7 of 1994), the Government of the National Capital Territory of Delhi hereby makes the following rules, namely
Rule1 Short title, extent and commencement
(1) These rules may be called the Delhi Agricultural Cattle Preservation Rules, 1996
(2) They extend to the whole of the National Capital Territory of Delhi.
(3) They shall come into force with effect from the date of their publication in the Official Gazette.
In these rules, unless the context otherwise requires,
(a) "Act" means the Delhi Agricultural Cattle Preservation Act, 1994 (Delhi Act No. 7 of 1994);
(b) "Form" means a Form appended to these rules;
(c) "Section" means a section of the Act.
Rule3 Form of application for permit and the fees to be paid
An application for a permit under sub-section (3) on sub-section (4) of section 5 shall be made by a person to the Veterinary Officer concerned in Form I which may be obtained from the concerned Veterinary Officer. Such application shall be accompanied by a fee of Rs. 10/- (Rupees ten only) per head of Agricultural Cattle for which permit for export or transportation is sought. The fee shall be paid in cash and receipt obtained, therefor from the Veterinary Officer.
Rule4 Presenting Agricultural Cattle for examination of the Veterinary Officer
On receipt of the application under rule 3, the Veterinary Officer shall, by order, direct the person keeping the Agricultural Cattle to submit such cattle for examination and thereupon, it shall be the duty of the person keeping such cattle to submit it for examination accordingly and render all reasonable assistance in connection with such examination.
Rule5 Examination of Agricultural Cattle by Veterinary Officer
If on examination of an Agricultural Cattle, the Veterinary Officer is satisfied that the cattle is not suffering from any disease, he shall certify the cattle accordingly and cause it to be branded with letter 'C' on one of its cheeks.
Rule6 Certificate of the Veterinary Officer
The Veterinary Officer shall issue a certificate of examination of the Agricultural Cattle in Form II and send it to the Competent Authority.
Rule7 Grant or refusal of the permit
On receipt of the certificate of examination from the Veterinary Officer, the Competent Authority may, after considering the matter, issue a permit in Form III or refuse to grant such permit in Form IV:
Provided that an application for grant of a permit shall not be refused unless the application has been given a reasonable opportunity of being heard.
APPENDIX 1 APPLICATION FOR PERMIT FOR EXPORT OR TRANSPORTATION OF AGRICULTURAL CATTLE
(See rule 3)
APPLICATION FOR PERMIT FOR EXPORT OR
TRANSPORTATION OF AGRICULTURAL CATTLE
(To be submitted in quadruplicate)
The Veterinary Officer
I,..............................(name of applicant) son of Shri...........................,
resident of............................................................................(Give full postal address) hereby apply for the grant of a permit for export/transportation (Strike off whichever is not applicable) of the following Agricultural Cattle for.........(purpose) (Please specify whether the purpose is to preserve and improve the breeding or for purpose of milch or draught or for replacement, as the case may be):
(a) Number of Agricultural Cattle
(b) (i) Kind of each Agricultural Cattle
(ii) Species of each Agricultural Cattle
(c) Age of each Agricultural Cattle
(d) Sex of each Agricultural Cattle
(e) Name of the State, Union Territory (Strike off whichever is not applicable) to which they are proposed to be exported/transported
(f) Whether necessary fee has been deposited. If so,
(i) No. and date of receipt
(ii) Amount deposited
Identification of the Agricultural Cattle.
1. I hereby declare that the Agricultural Cattle as described above for which permit for export/transportation (Strike off whichever is not applicable) has been applied for shall not be slaughtered.
2. I also declare that slaughter of the Agricultural Cattle as described above is banned in the State/Union Territory (Strike off whichever is not applicable) of...............................(name of the State/Union Territory).
Date: Signature of the applicant with full
Place: residential and occupational addresses.
Attach separate sheets, if necessary.
APPENDIX 2 CERTIFICATE OF EXAMINATION OF AN AGRICULTURAL CATTLE
(See rule 6)
CERTIFICATE OF EXAMINATION OF AN
made in Triplicate)
I have examined today atthe
Agricultural Cattle described below, as per the application dated of
Shri..: and hereby certify that the cattle is/are not
suffering from any disease.
Description of the Cattle:-
1. No. of Agricultural Cattle
2. Kind of each Agricultural Cattle
3. Species of each Agricultural Cattle
4. Sex of each Agricultural Cattle
5. Age of each Agricultural Cattle
6. Description of each Agricultural Cattle
of the Veterinary Officer
One copy will be given to the applicant;
Second copy will be sent to the Competent Authority which grants the permit;
Third copy will be retained in the Office of the Veterinary Officer.
APPENDIX 3 PERMIT FOR TRANSPORTATION OR EXPORT OF AGRICULTURAL CATTLE
(See rule 7)
PERMIT FOR TRANSPORTATION OR
EXPORT OF AGRICULTURAL CATTLE
Shri..,son of.., resident of.. is hereby
permitted to export or transport Agricultural Cattle, as mentioned below :
1. No. of Agricultural Cattle
2. Kind of each Agricultural Cattle
3. Species of each Agricultural
4. Age of each Agricultural Cattle
5. Sex of each Agricultural Cattle
6. Name of the State/Union Territory (Strike off whichever is notapplicable)
to which they may be exported or transported.
Date: Signature of Competent Authority
APPENDIX 4 REFUSAL TO GRANT PERMIT FOR TRANSPORTATION OR EXPORT OF AGRICULTURAL CATTLE
(See rule 7)
REFUSAL TO GRANT PERMIT FOR
OR EXPORT OF AGRICULTURAL CATTLE
applied for a permit to transport or export of Agricultural Cattle as per his
application dated.........................................(Copy attached).
The grant of permit is hereby refused for the following reasons :-
Place:By order and in the name of the
Lt. Governor of the National
Territory of Delhi
ARCHIVES HISTORICAL RESEARCH RULES, 1985
ARCHIVES HISTORICAL RESEARCH RULES, 1985
Rule1 Access to Records
These rules shall govern access to open records in the custody of Delhi Archives. The privilege of consulting such records personally by any adult citizen will be generally limited to records which are more than thirty years old, subject to such exceptions and restrictions as may be found necessary by the concerned creating agencies. The Departments, local offices, may in consultation with the Director of Archives, grant special access to records not transferred to Delhi Archives and also, records otherwise closed but available in Archives (if any).
Rule2 Eligibility of Research
Normally all adult Indian citizens of twenty one years of age and above are eligible to avail of the research facilities at Delhi Archives subject to their producing proof of bona fide research scholar, producing a written authority issued by the Department of Delhi Archives for consulting the records and their undertaking to abide by the rules and regulations prescribed from time to time for the research facilities.
2.1. All applications seeking to conduct research or consultation of Delhi Archives should be made to the Director of Archives on a prescribed form.
Rule3.0 Foreign Scholars
Rule4 Access to Library Material
Access to library material will be governed by the rules prescribed for the purpose (Appendix I).
Rule5 Access to Private Archives
Private papers of eminent Indians and other acquired documents can be consulted by the research scholars subject to conditions laid down by the donors. These papers shall be made available to them in Private Archives Section on all working days during office hours only.
The Research Room shall be made open from 10.00 to 17.00 hours on all days, except on Sundays, second Saturdays and other holidays.
Rule7 Admission and Registration
Admission to the premises of Delhi State Archives is regulated by means of permission cards and passes. Pending receipt of such regular passes temporary passes will be issued to the scholars. The passes must be shown at the main entrance and visitors will on each visit be required to enter their names, address etc., in the register kept for this purpose. Scholars shall keep their personal belongings in the lockers place provided for the purpose and they should collect token against the same from the person on duty.
7.1.Indian scholars who have been availing/will avail the facility of National Readers Card scheme in National Archives of India may also obtain permission to consult the records of this Administration (Archives) by submitting a copy (duly attested) of the card received from National Archives of India and getting the card endorsed by Director of Archives (Delhi). They will be treated as research scholars and will be allowed to work in the Research Room. They will also have to complete procedural formalities for consulting the records.
7.2.Silence shall be maintained in the Research Room.
7.3.No person will be allowed to bring eatables into the Research Room. Smoking, chewing 'pan' etc., is strictly prohibited in the Research Room.
7.4. No seat in the Research Room will be reserved individually. A separate cubicle has been earmarked for scholars wanting to use microfilm readers.
7.5. Scholars should notify the staff counter at least one day in advance before their departure date so as to arrange for their clearance.
Rule8.0 Supply of Records
Rule9.0 Care of Records
Rule10 Reprographic Facilities
Xeroxing services are available at Delhi Archives on a written request by the scholar. For this purpose scholars are required to fill in the prescribed form (in duplicate) along with a duplicate, list of their requirements. These facilities are provided on payment as per prevailing rates, which are subsidised. Schedule of rates for different reprographic services, which are subject to revision, is enclosed (Appendix II). While placing an order for a specific job, 80 per cent of the estimated cost will be required to be deposited in advance. As a rule, only a single copy for research purpose will be supplied to a scholar.
Rule11 Information Service
Research among open records is undertaken by Delhi Archives on behalf of individuals and institutions on payment of prescribed fee of Rs. 201- per day.
Any scholar who used the records in the Archives for the purpose of historical research and publishes his work based on the materials from these records shall deposit with Delhi Archives Library a copy of his work, free of charge, immediately after his publication.
Rule13 Revocation of Research Facility
The privilege of personal consultation of records of the Research Room may, at the discretion of the Director, Delhi Archives, be withheld in the public interest.
13.1. In case of any dispute regarding these rules and their interpretation, the decision of the Director, Delhi Archives would be final and binding.
APPENDIX 1 LIBRARY RULES
APPENDIX 1. The library is open on all working days from 11.00 A.M. to 4.00 P.M. 2. The Delhi State Archives Library being primarily a research library, normally caters to the needs of the members of the staff in connection with their official work, bona fide research scholars, Government Departments and their offices, universities and other Institutions of learning which are engaged in historical research. 3. Every intending borrower of books from the Delhi Archives Library shall have his name registered in the library by furnishing the undermentioned particulars about himself : (i) Full name (ii) Permanent and Local Address (iii) Profession (iv) Specimen bodies, appropriate Officer-in-Charge, Head of the institutions or their librarians. The Director of Archives may, however, accept any recommendation he considers fit. 4. Reference books, encyclopaedias, directories, dictionaries, parliamentary papers, historical books required constantly for office work, rare and out of print publications, technical books including books on art, current journals, daily ewspapers and bound volumes of periodicals shall be consulted only in the premises. Old journals issued for consultation must be returned to the libraiy within seven days. In very exceptional cases, these publications will be lent out to institutions with the special permission of the Head of Department. 5. Damaged books and publications in a bad state of preservation shall not be issued on loan. 6. The borrowers will be personally responsible for the custody and safe return of the books borrowed by him and in no case are they permitted to pass on books to any other person. A book lost or damaged in any way by a borrower shall have to be replaced or paid for by him. The evaluation of the cost of the books not procurable from the market will rest with the Director of Archives Delhi Administration, Delhi. 7. At a time, a maximum of four volumes will be issued to each individual borrower. 8. If more volumes are considered necessary for members of the staff, the appropriate officer-in-charge will countersign such loans for the staff working in his section. 9. In no case the borrower is permitted to take home those books which have been issued to him for official work. However, one book at a time will be lerit out for home study to the members of staff only. All the books and publications mentioned in No. 4 above shall not be issued for home study. 10. Borrowers are required to fill in requisition slips which shall ordinarily be entertained upto 3.00 P.M. 11. Ordinarily books shall be lent for a period of 7 (seven) days after which they may be renewed for one week more. 12. Books on loan with the borrowers can be called back by the library at any time. 13. Books should be returned to the librarian before 4.00 P.M. 14. Borrowers will have to obtain a clearance certificate from the library in case of transfer, retirement etc. 15. A research scholar should intimate the date of his departure to the librarian three days in advance. 16. Books requisitioned from outside agencies on terms of Inter Library loan shall not be issued for home study. 17. Slips for books to be requisitioned from other local libraries should normally be sent to the librarian's counter before 12.00 noon, otherwise slips will be held over till the next working day. 18. The officer's of Delhi Administration and other Government and Semi-Government agencies desirous of obtaining books from this library on loan should send their requisitions through, their librarians or the Departmental Heads as the case may be. In all other respects, the General Rules of Library will apply. 19. No one is allowed to take personal books, bags etc., inside the library. 20. Smoking, taking tea or eatables are strictly prohibited inside the library.
APPENDIX 2 REPROGRAPHIC SERVICES
Schedule of Rates. Charges
Xerox copying (a) Rate of first copy (b) Rate of duplicate Copy (c) Minimum Charges
Rupees 1.50 Rupee 0.50 Rupees 5.00
As per estimates in each case.
|Delhi State Acts|