FAQS: ANIMALS LAWS OF MAHARASHTRA
This FAQ is prepared for Gaurakshak/ Jeev daya
premi/ Animal Welfare Activist and Advocates who are working for Welfare of Animals
(especially Cow and Cow Progeny) throughout Maharashtra.
In the beginning, we would like to mention that in
Mumbai there is only ONE place where Buffaloes, Goats, Sheep and Pigs can be
slaughtered and it is run by BMC’s Deonar Abattoir at Govandi, Mumbai. Apart
from this place, no one can slaughter Buffaloes, Goats, Sheep and Pigs in any
other part of Mumbai. The butchers and meat shop owners who slaughter Goat and
Sheep in Mumbai (except at Deonar Abattoir) in their backyard of shop are
violating the Law of the Land and can be prosecuted.
As per the newly amended “The Maharashtra Animal
Preservation (Amendment) Act, 1995”, the slaughter and transport for the
purpose of slaughter of Cow and its Progeny is completely banned in
Maharashtra. The flesh of cow & its progeny in violation of the new amended
act, cannot be possessed & consumed However by the judgment dated
06/05/2016, the Hon’ble Bombay High Court has struck down section 5D of the
amended Act and now the citizens / Beef eaters of Maharashtra are allowed to
possess the Beef procured and imported from outside Maharashtra.
On the last page of this FAQ, the name and numbers
of Active Gaurakshak Activists and Advocates of Mumbai are given. They may be
contacted for any legal query related to Cow and its progeny.
High
Court Orders:
Order
dated 13/03/2013 passed by Hon’ble Bombay High Court in criminal PIL
no.33/2010, which says that, if within One week, on the complaint being made by
anyone against illegal slaughter house, the concerned authorities are bound to
take appropriate action, failing which the same will amount to dereliction of
duty and may also amount to showing disrespect to the direction issued. The
court has also said that it may be viewed seriously by this court if action is
not taken within one week of the complaint being made and the concerned Police
Commissioner would be personally responsible. The above order is available on www.bombayhighcourt.nic.in
There
are many websites of Police, Corporations, Chief Minsiter, Governor,
Ministries, P.M, Presidents etc on which regular online complaints should be
made. One can also write regular complaints to concerned Govt. authorities and
preserve the acknowledgement copy, such letters / online complaints can be
relied upon in Court To gather all the data of complaints being made by animal
activist pertaining to animal welfare and in order to utilize those complaints
in court of law or for any other animal welfare purposes. We have made a
separate email id i.e. animalwelfaredata@gmail.com. All Animal Activist
/ Gaurakshak / Jeev daya premi /
Advocate are requested to kindly scan and email all those First
Information Report
(FIR)/complaints/letters/grievances/suggestions forwarded to any government
authorities.
1.
Question: What steps shall be taken if anyone
notice violation/contravention of any Animal Laws?
Answer:
a)
Call Police immediately on 100 and / or
1916 to BMC and inform about the offence with full address so that they can
reach quickly.
b)
Reach the nearest Police Station,
inform the Police officer in-charge, ask him to immediately take action. If he
refuses to initiate any action, meet Senior Inspector of Police of the
respective police station. If he also does not take any action, lodge a written
complaint and submit it in dispatch counter and don’t forget to take the
acknowledgment with the seal of police station. You can send reminder
after 7 days of your first complaint. If the Police do not act even
after reminder / first written complaint, write a reminder letter to ACP / DCP
/ C.P. / S.P. / C.M. / Home Minister / Governor / P.M.O. etc.
c)
If the police on written complaint
being made do not initiate any action within 7 days, file a private complaint
under section 156 (3) of Criminal Procedure Code before the Magistrate Court
with the help of an Advocate. But a written complaint to higher authorities
such as DCP and CP with a reasonable time lapse is must before filing a private
complaint under section 156 (3).
d)
If the police on written complaint
being made do not initiate any action within 7 days, a contempt proceeding
(civil) can be filed in the Hon’ble Bombay High Court for violation of its
order dated 13/03/2013 passed in Criminal Public Interest Litigation No.33 of
2010. A similar Contempt Petition (Civil) bearing no. CP/294/2016 is filed in
Bombay High Court for not taking action against illegal slaughter house and
Beef shops.
e)
A Writ Petition can also be filed with
appropriate evidence if you feel that the offence is being committed on large
scale and it is affecting a greater portion of city / state.
f)
A delegation can also be taken to
Political parties / DCP / SP / CP, Municipal commissioner / Tahsildar, Governor
etc for quick action and / or proper implementation of the Animal Laws.
Note: Petition as stated
in point no. c), d) and e) should be filed only after consultation with High
Court Advocates. It is advisable to new activist to take approval of an
Advocate with regards to all letters / complaints which is to be filed / lodged
in any government department. Such letters / complaints are base and therefore
there should be no lacuna in it.
Every case
of animal cruelty / slaughtering etc is different and therefore there is no
uniform set of sections / acts. In each and every case the sections may differ.
The activist should understand each case and thereafter use the sections.
2.
Question: Which
are the Acts, Rules, notifications, circulars, orders applicable for Cruelty on
Animals?
Answer : Acts and Rules:
Ø Maharashtra Animal Preservation Act, 1976 (Principal / Main
Act) (main section 6 and 9)
Ø Maharashtra Animal Preservation (Amendment) Act, 1995 (main
sections 5, 5A, 5B, 5C, 8, 9, 9A and 10)
Ø The Indian Penal Code, 1860 (main sections - 429, 153A)
Ø The Prevention of Cruelty to Animals Act, 1960 (main section
11, 29 an d 31)
Ø The Prevention of Cruelty to Animals (Slaughter House)
Rules, 2001 (main section 3 and 6)
Ø The Transport of Animal Rules, 1978 (main section FOR
CATTLES – 47, 48, 49, 50, 51, 52, 53, 54, 56, 96, 97 and 98)
FOR
GOATS / SHEEPS - 65, 66, 67, 68, 69, 70, 71, 72, 75 96, 97 and 98
Ø Central Motor Vehicles (11th amendment) Rules 2016 (main
Rule 125E)
Ø The Motor Vehicle Act, 1988 (Section 192A)
Ø Criminal Procedure Code, (main section – 43,451 and 457)
Ø The Bombay Police Act, 1951 (main section – 73, 74, 75, 76,
77, 78, 100, 101, 102, 103, 105, 106, 117, 118 and 119)
Ø The Food Safety and Standard Act, 2006 (main sections – 49,
50, 51, 54, 55, 56, 59)
Ø The Mumbai Municipal Corporation Act, 1888 (main sections –
384, 393, 398, 399, 400, 401, 402, 403, 404, 410, 411, 412, 476A and 476B)
Ø Maharashtra Municipal Corporation Act, 1949 (main section
233, 335, 376, 377, 379, 380, 381 and 382)
Ø Keeping and Movement of Cattle in Urban Area Control Act,
1976 (Only for Mumbai) (main section – 3, 7 and 13)
Ø Constitution of India - main Articles – 25, 48, 48A, 51A (g)
(All these Acts / Rules etc. are easily
available on GOOGLE)
3. Question: Who is Animal Welfare Officer?
Answer:
Animal Welfare Officers are those people who are working for the welfare of the
Animals and are appointed by Government / Government committee.
4. Question:
Who issues ‘Animal Welfare Officer’ Card?
Answer:
a)
Animal
Welfare Board of India.
13/1,
Third Seaward Road, Valmiki Nagar, Thiruvanmiyur,
Chennai- 600 041
Chennai- 600 041
Phone
: 044-24571024, 24571025 Fax: 044-24571016
E-mail
: awbi@md3.vsnl.net.in, animalwelfareboard@gmail.com
b)
Committee
To Monitor Animal Welfare Laws in Maharashtra.
C/O. B2104 Vaibhav Jambli Gully Borivli (West), Mumbai,
400092
022 2899 1781
- Question: Who can apply for ‘Animal Welfare Officer’
Card?
Answer:
Any
person who is working for the welfare and protection of animal as a social
cause, not affiliated to any political party and not engaged in animal welfare
activities on religious ground.
- Question:
How to
apply for ‘Animal Welfare Officer’ Card?
Answer:
An
application / form is to be filled up and submitted to ‘Animal Welfare Board
of India’ and / or ‘Committee To Monitor Animal Welfare Laws in
Maharashtra’ and if the Application is allowed than an identity card is
issued. The form can also be downloaded from internet.
- Question: What are the benefits of ‘Animal Welfare
Officer’ Card?
Answer:
The
Police department, Municipal officials, Abattoir officials and all other arms
of Maharashtra Government, Local self governing Bodies are advised to render
all assistance to the holder of this card, take immediate cognizance of
instances of violation of animal welfare Laws brought to their notice by the
holder of this card and take appropriate action to ensure strict compliance of
the laws. These suggestions are being issued as per the order of Hon’ble Bombay
High Court.
The holder of this card is authorized to keep Vigil
on the instances of violation of Animal welfare Laws throughout the state of
Maharashtra, bring them to the concerned Government agencies, Police
department, Municipal officers, detain the persons/ vehicles involved in
offences until arrival of the Police / other necessary proceedings, in
accordance with law.
- Question:
What
if an Activist / Karyakarta do not have ‘Animal Welfare Officer’ Card?
Answer: He can still arrest an accused as per the
provisions of section 43 of Criminal Procedure Code.
- Question:
What
is the procedure of collecting sample of Beef / Meat?
Answer: Approximately 10-15 gram of flesh should be
collected from all four corners in 9 transparent empty bottles of 500ml each.
Fill it up with water and salt. Three bottles will be retained in Police
station, three bottles will be sent to Lab and three bottles will be handed
over to Accused. Normally the flesh is collected by Government Veterinary
officer / doctor.
10.Question: What is the procedure for dumping of Beef / Meat?
Answer: After collection of sample, the beef is dumped in
the nearest government dumping ground. In Mumbai there is only one dumping
ground i.e. Deonar Dumping Ground and at Taloja in Navi Mumbai. Likewise in
every district there is dedicated dumping ground and it is the duty of police
and municipal officials to dump the flesh.
11.Question: What changes have occurred after the struck down
of section 5D and 9B by Bombay High Court vide its order dated 06/05/2016?
Answer:
After
the strucking down of section 5D and 9B, anyone, be it a beef shop owner or an
end user, can bring the Beef in Maharashtra from other State as per the
provisions of MMC Act and other relevant provisions of Law. However, the law
relating to permission for bringing the Beef in Maharashtra is so rigid that it
is very difficult to seek permission and bring it. In our view no one has
brought the Beef officially to Mumbai with all requisite permission till date
and hence we conclude that all Beef that is smuggled in Maharashtra is through
illegal chains.
12.Question: Is a Gasushala entitled to file an application in
court for getting reimbursement of expenses for maintaining cattle rescued
handed over by Police / Corporation / government?
Answer:
Yes,
as per section 8 of the new amended act i.e. Maharashtra Animal Preservation
(Amendment) Act, 1995, the Accused is liable to pay for the maintenance of
cattle for the period the cattle remain in custody with Gosadan, Goshala,
Panjrapole etc. Hence, an application can be filed in court for seeking
maintenance expenses of court from accused.
13.Question: Can a Complainant / Informant has a
right to oppose Bail Application filed by the Accused?
Answer:
Yes,
the Complainant / Informant / Animal Welfare Organization should file an
application to oppose the Bail of Accused in each and every case. Even in some
cases, during the Police Custody / Remand of Accused, the Complainant /
Informant / Animal Welfare Organization has intervened and argued to enhance
the Police Custody / Remand of Accused on various ground.
Many
a times it is noticed that Police Officers / Magistrates are not aware of all
the acts and its punishment of Animal Welfare Laws and in some cases the
Magistrates have given the Bail to accused on the same day of arrest by wrongly
interpreting the section / act and coming to conclusion that such sections are
Bailable in nature.
14.Question:
Whether the
Animal Welfare Officer or a Gaurakshak or an Animal Activist stop and / or
detain vehicles carrying contraband on highways?
Answer:
Yes,
as per section 43 of Criminal Procedure Code and section 13 of Maharashtra
Animal Preservation Act, 1976. The offence should be cognizable and
Non-bailable.
However, there should be no violence
whatsoever, it would be recommended that the Animal Welfare Officer or a
Gaurakshak or an Animal Activist stops and / or detain any vehicle on highway only
with the help of Police for safer side.
15.Question: What precautions should be taken by
Animal Welfare Officer or a Gaurakshak or an Animal Activist during stopping of
vehicle on highways?
Answer:
Police
must be informed either before stopping the vehicle or immediately after. A
video should be start recording during the stopping of Vehicle because the
butchers generally levels false allegation of stealing, dacoity, robbery,
kidnapping, manhandling etc on Gaurakshak.
|
Shri.
Laxminarayan Chandak
9820272439
|
Shri. Rajendra Patil
9322652511
|
Dr. Vinod Kothari
9869766304
|
|
Shri.
Yatin Jain
9960548000
|
Shri. Kishor Karale
9970534399
|
Shri. Ramesh Purohit
9321021050/8898770707
|
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ADVOCATES TO BE CONTACTED FOR GAURAKSHA LAWS RELATED QUERY
|
|
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Shri.
Kishor Jain
9890289633
8149573433
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Smt. SiddhVidya
9920060968
|
|
Shri.
Raju R. Gupta
9870537387
|
Shri. Dhrutiman Joshi
9869001989
|
Note:-We have taken utmost care and precaution before finalizing
the FAQ, however we welcome all correction / recommendation. Please contact
9870537387. (Compiled by Adv. Raju Gupta and others, uploaded with his permission)
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