GAP Act 5

Section 5 · Prohibition against slaughter without certificate from Competent Authority

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(1)

Notwithstanding any law for the time being in force or any usage to the contrary, no person shall slaughter or cause to be slaughtered any animal unless, he has obtained in respect of such animal a certificate in writing from the Competent Authority appointed for the area that the animal is fit for slaughter.

(1A)

No certificate under sub-section (7) shall be granted in respect of—

(a)

a cow ;

(b)

the calf of a cow, whether male or female and if male, whether castrated or not ;

(c)

a bull ;

(d)

a bullock ;

(2)

In respect of an animal to which sub-section (1A) does not apply, no certificate shall be granted under sub-section (1) if in the opinion of the Competent Authority-

(a)

the animal, whether male or female, is useful or likely to become useful for the purpose of draught or any kind of agricultural operations;

(b)

the animal if male, is useful or likely to become useful for the purpose of breeding ;

(c)

the animal, if female, is useful or likely to become useful for the purpose of giving milk or bearing offspring.

(3)

Nothing in this section shall apply to-

(a)

the slaughter of any of the following animals for such bonafide religious purposes, as may be prescribed, namely :-
(i)any animal above the age of fifteen years other than a cow, bull or bullock.

(b)

the slaughter of any animal not being a cow or a calf of a cow, bull or bullock, on such religious days as may be prescribed :
Provided that a certificate in writing for the slaughter referred to in clause (a) or (b) has been obtained from the competent authority.

(4)

The State Government may, at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by a Competent Authority granting or refusing to grant any certificate under this section, call for and examine the records of the case and may pass such order in reference thereto as it thinks fit.

(5)

A certificate under this section shall be granted in such form and on payment of such fee as may be prescribed.

(6)

Subject to the provision of sub-section (4) any order passed by the Competent Authority granting or refusing to grant a certificate, and any order passed by the State Government under sub-section (4) shall be final and shall not be called in question in any Court.

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