GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. IX OF 1977

THE MAHARASHTRA ANIMAL

PRESERVATION ACT, 1976

( As modified upto the 9th September, 2016 )

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY

STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI–400 004

2016

[ Price : Rs. 6.00 ]

1976 : Mah. IX ] (i)

THE MAHARASHTRA ANIMAL PRESERVATION ACT, 1976

-------------
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, commencement and application.
2. Declaration of State Policy.
3. Definitions.
4. Appointment of competent authorities.
5. Prohibition of slaughter of cows, bulls or bullocks.
5A. Prohibition on transport and export of cow, bull or bullock for slaughter.
5B. Prohibition on sale, purchase, disposal in any other manner of cow,
bull or bullock.
5C. Prohibition on possession of flesh of cow, bull or bullock.
5D. Prohibition on possession of flesh of cow, bull or bullock slaughtered
outside the State of Maharashtra.
6. Restrictions on slaughter of scheduled animals.
7. Scheduled animals to be slaughtered at specified places only.
8. Power of entry, search, seizure and custody.
9. Penalty for contravention of sections 5, 5A or 5B.
9A. Penalty for contravertion of sections 5C, 5D or 6.
9B. Burden of proof on accused.
10. Offences under Act to be cognizable and non-bailable.
11. Abetments and attempts.
12. Persons exercising powers under this Act deemed to be public servants.
13. Protection of persons acting in good faith under Act or rules.
14. Exemptions under this Act.
15. Delegation of powers.
16. Power to make rules.
17. Repeal and savings.
SCHEDULE

H 62-1
 1
MAHARASHTRA ACT No. IX OF 1977.1
[THE MAHARASHTRA ANIMAL PRESERVATION ACT, 1976.]
(This Act Received the assent of the President on the 16th day of February 1977; assent
was first published in the Maharashtra Government Gazette on the 1st day of March 1977).
Amended by Mah. 5 of 2015 (04-03-2015)
An Act to provide for the prohibition of slaughter 2[and preservation of cows, bulls and
bullocks useful for milch, breeding, draught or agricultural purposes and for restriction
on slaughter for the preservation of certain other animals suitable for the said purposes].
WHEREAS it is expedient to provide for the prohibition of slaughter 3[and preservation
of cows, bulls and bullocks useful for milch, breeding, draught or agricultural purposes
and for restriction on slaughter for the preservation of certain other animals suitable for
the said purposes] and to provide for matter connected therewith; It is hereby enacted
in the Twenty-seventh Year of the Republic of India as follows :—
1. (1) This Act may be called the Maharashtra Animal Preservation Act, 1976. Short title,
extent,
(2) It extends to the whole of the State of Maharashtra. commencement
4
(3) It shall come into force on such date as the State Government may, by notification and
in the Official Gazette, appoint. application.
5
(4) It shall apply to cows [bulls or bullocks] and to scheduled animals.
2. It is hereby declared that this Act is for giving effect to the policy of the State Declaration
of State
towards securing the principles specified in article 48 of the Constitution of India. Policy.
3. In this Act, unless the context otherwise requires,— Definitions.
(a) “Competent authority” means a person or body of persons appointed by the
State Government under section 4 to perform the functions of a competent authority
under this Act;
(b) “cow” includes a heifer or male or female calf of a cow;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “Schedule” means the Schedule appended to this Act;
(e) “scheduled animal” means any animal specified in the Schedule; and the State
Government may, by notification in the Official Gazette, add to the Schedule any
species of animals, after considering the necessity for preservation of that species of
animals; and the provisions of sub-section (3) of section 16, in so far as they relate
to laying before, and modification by, the State Legislature, shall apply in relation to
such notification as they apply to any rule made under that section.
4. The State Government may, by notification in the Official Gazette, appoint one or Appointment
more persons or one or more bodies of persons to perform the function of a competent of competent
authority.
authority under this Act and specify the areas within which they shall perform such
functions.
5. Notwithstandings anything contained in any other law for the time being in force Prohibition
of slaughter
or any usage or custom to the contrary no person shall slaughter or cause to be of cows,
6
slaughtered or offer for slaughter any cow [bull or bullock], in any place in the State of 7
[bulls or
Maharashtra. bullocks]
1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976, Part V,
Extraordinary, dated 6th December 1976, Page 679.
2. This portion was substituted for the portion beginning with the words “of cows” and ending with the
words “agricultural purposes”, by Mah. 5 of 2015, s. 2.
3. This portion was substituted for the portion beginning with the words “of cows” and ending with the
words “agricultural purposes”, by Mah. 5 of 2015, s. 3.
4. 15th day of April 1978, vide G. N., A and C.D., No. SIT-1076/28233/3-ADF, dated the 13th April 1978.
5. These words were inserted by Mah. 5 of 2015, s. 4.
6. These words were inserted by Mah. 5 of 2015, s. 5(a).
7. These words were added by Mah. 5 of 2015, s. 5(b).
 2 The Maharashtra Animal Preservation Act, 1976 [1977 : Mah. IX

Prohibition on 1
[5A. (1) No person shall transport or offer for transport or cause to be transported
transport and
export of cow, bull or bullock from any place within the State to any place outside the State for
cow, bull or the purpose of its slaughter in contravention of the provisions of this Act or with the
bullock for knowledge that it will be or is likely to be, so slaughtered.
slaughter.
(2) No person shall export or cause to be exported outside the State of Maharashtra
cow, bull or bullock 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.
Prohibition on 5B. No person shall purchase, sell or otherwise dispose of or offer to purchase, sell
sale, purchase,
disposal in any
or otherwise dispose of any cow, bull or bullock for slaughter or knowing or having
other manner reason to believe that such cow, bull or bullock shall be slaughtered.
of cow, bull
or bullock.
Prohibition on 5C. Notwithstanding anything contained in any other law for the time being in force
possession of
flesh of cow,
no person shall have in his possession flesh of any cow, bull or bullock slaughtered in
bull or bullock. contravention of the provisions of this Act.
Prohibition on 5D. No person shall have in his possession flesh of any cow, bull or bullock slaughtered
possession of
flesh of cow, outside the State of Maharashtra.].
bull or bullock
slaughtered
outside the
State of
Maharashtra.
Restrictions 6. (1) Notwithstanding anything contained in any law for the time being in force or
on slaughter any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered
of scheduled
animals. any scheduled animal in any place in the State of Maharashtra, unless he has obtained
in respect of such animal a certificate in writing from the competent authority that the
animal is fit for slaughter.
(2) No certificate shall be granted under sub-section (1), if in the opinion of the
competent authority, —
(a) the scheduled animal, whether male or female, is or likely to become economical
for the purpose of draught or any kind of agricultural operations;
(b) the scheduled animal, if male, is or is likely to become economical for the
purpose of breeding;
(c) the scheduled animal, if female, is or is likely to become economical for the
purpose of giving milk or bearing offspring.
(3) The State Government may, on an application by any person aggrieved by an
order passed by the competent authority refusing to grant him a certificate, made to it
within sixty days from the date of receipt of such order, or at any time suo motu, call for
and examine the records of the case for the purpose of satisfying as to the legality or
proriety of any order passed by the competent authority under this section and pass such
order in reference thereto as it thinks fit.
(4) A certificate under this section shall be granted in such form and upon payment
of such fees as may be prescribed.
(5) Subject to the provisions of sub-section (3), 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 (3), shall be final and shall not be called in question in
any Court.
1. Sections 5A, 5B, 5C and 5D were inserted by Mah. 5 of 2015 s. 6.
 1977 : Mah. IX] The Maharashtra Animal Preservation Act, 1976 3

7. No scheduled animal in respect of which a certificate has been issued under section Scheduled
animals to be
6 shall be slaughter in any place other than a place Specified by such authority or officer slaughtered at
as the State Government may appoint in that behalf. specified
places only.
8. (1) For the purposes of this Act, the competent authority or any person authorised 1
[Power of
in writing in that behalf by the competent authority (hereinafter in this section referred entry, search,
seizure and
to as “the authorised person”) shall have power to enter and inspect any place where custody.]
the competent authority or the authorised person has reason to believe that an offence
under this Act has been, or is likely to be, committed.
(2) Every person in occupation of any such place shall allow the competent authority
or authorised person such access to that place as may be necessary for the aforesaid
purpose and shall answer to the best of his knowledge and belief any question put to
him by the competent authority or the authorised person.
2
[(3) Any Police Officer not below the rank of Sub-Inspector or any person authorised
in this behalf by the State Government, may, with a view to securing compliance of the
provisions of sections 5A, 5B, 5C or 5D, 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 cow, bull or bullock;
(b) seize or authorise the seizure of cow, bull or bullock in respect of which he
suspects that any provision of sections 5A, 5B, 5C or 5D has been, is being or is about
to be contravened, alongwith the vehicles in which such cow, bull or bullock are found
and there after take or authorise the taking of all measures necessary for securing the
production of such cow, bull or bullock and the vehicles so seized, in a court and for
their safe custody pending such production:
Provided that pending trial, seized cow, bull or bullock shall be handed over to the
nearest Gosadan, Goshala, Panjrapole, Hinsa Nivaran Sangh or such other Animal
Welfare Organizations willing to accept such custody and the accused shall be liable
to pay for their maintenance for the period they remain in custody with any of the said
institutions or organizations as per the orders of the court.
2 of (4) The provisions of section 100 of the Code of Criminal Procedure, 1973 relating to
1974 search and seizure shall, so far as may be, apply to searches and seizures under this
section.]
3
9. Whoever contravenes [the provisions of sections 5, 5A or 5B] shall, on conviction, 6
[Penalty for
4
be punished with imprisonment for a term which may extend to [five years], or with fine contravention
5 of sections 5,
which may extend to [ten thousand rupees], or with both: 5A or 5B.]
7
[Provided that except for special and adequate reasons to be recorded in the judgement
of the court such imprisonment shall not be of less than six months and such fine shall
not be less than one thousand rupees.]
1. This marginal note was substituted by Mah. 5 of 2015 s. 7(b).
2. Sub-sections (3) and (4) were added by Mah. 5 of 2015 s. 7(a).
3. These words were substituted for the words “any of the provisions of this Act” by Mah. 5 of
2015, s. 8(a).
4. These words were substituted for the words “six months” by Mah. 5 of 2015, s. 8(b).
5. These words were substituted for the words “one thousands rupees” by Mah. 5 of 2015, s. 8 (c).
6. This marginal note was substituted by Mah. 5 of 2015, s. 8 (e).
7. This proviso was added by Mah. 5 of 2015, s. 8 (d).
 4 The Maharashtra Animal Preservation Act, 1976 [1977 : Mah. IX

Penalty for 1
[9A. Whoever contravenes the provisions of sections 5C, 5D or 6 shall on conviction
contravention
of sections
be punished with imprisonment for a term which may extend to one year or fine which
5C, 5D or 6 may extend to two thousand rupees.
Burden of 9B. In any trial for an offence punishable under sections 9 or 9A for contravention
proof on of the provisions of this Act, the burden of proving that the slaughter, transport, export
accused.
outside the State, sale, purchase or possession of flesh of cow, bull or bullock was not
in contravention of the provisions of this Act, shall be on the accused.]
Offences 10. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all 2 of
under Act to 2
1974
be 3cognizable offences under this Act shall be cognizable. [and Non-bailable].
[and Non-
bailable].
Abetments 11. Whoever abets any offence punishable under this Act or attempts to commit
and attempts.
any such offence shall be deemed to have committed that offence and shall, on
conviction, be Punished with the punishement provided for such offence under
4
section 9 [or section 9A]
Persons 12. All persons exercising powers under this Act shall be deemed to be public 45 of
exercising servants within the meaning of section 21 of the Indian Penal Code. 1860
powers under
this Act
deemed to be
public
servants.
protection of 13. No suit, prosecution or other legal proceedings shall be instituted against any
persons acting person for anything which is in good faith done or intended to be done under this Act
in good faith
under Act or or the rules made thereunder.
rules.
Exemptions 14. Subject to any conditions prescribed in this behalf, this Act shall not apply to,—
under this 5
Act. (a) any animal (other than cow [bull or bullock]) operated upon for vaccine, lymph
or serum at any institution established, conducted or recognised by the State
Government;
6
(b) any animal (other than cow [bull or bullock]) operated upon for any experimental
or research purposes at the institution referred to in clause (a);
7
(c) any animal (other than cow [bull or bullock]) or class thereof, —
(i) slaughter of which is certified by a veterinary surgeon authorised in this
behalf by the State government to be necessary in the interest of the public health;
(ii) which are suffering for any disease which is certified by such veterinary
surgeon as being contagious and dangerous to other animals :
Provided that no animal referred to in this section shall be slaughtered or cause to be
slaughtered unless an authority in writing for such slaughter has been obtained from the
competent authority.
1. Sections 9A and 9B were inserted by Mah. 5 of 2015, s. 9.
2. These words were added by Mah. 5 of 2015, s. 10 (a).
3. These words were added by Mah. 5 of 2015, s. 10 (b).
4. These words, figure and letter were added by Mah. 5 of 2015, s. 11.
5. These words were inserted by Mah. 5 of 2015, s. 12 (a).
6. These words were inserted by Mah. 5 of 2015, s. 12 (b).
7. These words were inserted by Mah. 5 of 2015, s. 12 (c).
 1977 : Mah. IX] The Maharashtra Animal Preservation Act, 1976 5

15. The State Government may, by notification in the Official Gazette, delegate,— Delegation
of powers.
(a) to any local authority, its powers and functions under section 4 within the local
area subject to the jurisdiction of such local authority ;
(b) to any officer of the State Government, its powers and functions under sub-
section (3) of section 6.
16. (1) The State Government may, by notification in the Official Gazette, and subject Power to
to the condition of previous publication, make rules for carrying out the purposes of make rules.
this Act.
(2) In particular and without prejudice to the generality of the foregoing provision,
such rules may provide for,—
(a) the form of the certificate under section 6;
(b) the amount of the fee to be paid for such certificate;
(c) the conditions subject to which this Act, shall not apply to any scheduled
animal under section 14;
(d) any other matter which is or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall, from the date of publication of a notification in the
Official Gazette of such decision have effect only in such modified form or be of no effect,
as the case may be ; so, however, that any modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
17. On the commenement of this Act, the following Acts, that is to say,— Repeal and
savings.

Bom. (1) the Bombay Animal Preservation Act, 1948,

LXXXI
of 1948.
Bom. (2) the Bombay Animal Preservation Act, 1954,
LXXII
of 1954.
C. P. (3) the Central Provinces and Berar Animal Preservation Act, 1949, and
and
Berar
LII of
1949.
Hyd. (4) the Hyderabad (Slaughter of Animals) Act, 1950,
VII of
1950.
shall stand repealed :
Provided that such repeal shall not affect,—
(a) the previous operation of any Act so repealed, or anything duly done or suffered
thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any
Act so repealed;
6 The Maharashtra Animal Preservation Act, 1976 [1977 : Mah. IX

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any Act so repealed;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued
or enforced and any such penalty, forfeiture or punishment may be imposed, as if this
Act had not been passed:
Provided further that, subject to the preceding proviso, anything done or any action
taken (including notifications, orders or certificates issued, appointments or rules made)
under any Act so repealed shall, in so far as it is not inconsistent with the provisions
of this Act, be deemed to have been done or taken under the corresponding provisions
of this Act and shall continue in force in the respective area accordingly, unless and until
superseded by anything done or any action taken under this Act.
SCHEDULE
[Section 3 (e)]
1
Bovines [**] female buffaloes and buffalo calves).

1. The words “Bulls, Bullocks” were deleted by Mah. 5 of 2015, s. 13.

H 62–4,680 Bks.-12.2016

PRINTED AT THE GOVERNMENT PRESS, KOLHAPUR.

 Maharashtra Government Publications
can be obtained from–

 THE DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
(Publications Branch), Netaji Subhash Road,
MUMBAI-400 004.
Phone-(022) 23632693

 THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Compound, Near G. P. O.
PUNE-411 001. Phone-(020) 26125808

 THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines, NAGPUR-440 001.
Phone-(0712) 2562615

 ASSISTANT DIRECTOR
GOVERNMENT STATIONERY STORES AND BOOK DEPOT,
Paithan Road near Railway Station,
AURANGABAD.
Phone- (0240) 2331525

 THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORES
Tarabai Park, KOLHAPUR-416 003.
Phone-2650402

AND THE RECOGNISED BOOK SELLERS

H 62