Regulation on on transport of cow, etc.

§5A

Summary

1[5A. (1) No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act from any place within the State to any place outside the State, except under a permit issued by an officer authorized by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit. (2) Such officer shall issue the permit on payment of such fee not exceeding 2[five hundred rupees ] for every cow, bull or bullock as may be prescribed : Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period not exceeding six months as may be specified in the permit. (3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified in the permit, he shall be deemed to have contravened the provision of sub-section (1). (4) The form of permit, the form of application therefor and the procedure for disposal of such application shall be such as may be prescribed. (5) The State Government or any officer authorized by it in this behalf by general or special notified order, may, at any time for the purpose of satisfying itself or himself, as to the legality or propriety of the action taken under this section, call for and examine the recored of any case and pass such orders thereon as it or he may deem fit.] 3[(6) Where the said conveyance has been confirmed to be related to beef by the competent authority or authorised labarotary under this act, the driver, operator and owner related to transport, shall be charged with the offence under this act, unless it is not prooved that transport medium used in crime, despite all its precautions and without its knowledge, has been used by some other person for causing the offence. (7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do proceedings of the confiscation and released, as the case may be. (8) The cow and its progeny or the beef transported by the seized vehicle shall also be confiscated and seized by the Law Enforcement Officer. The concerned District Magistrate/Commisioner will do all proceedings of the confiscated and release as the case may be. (9) The expenditure on the maintenance of the seized cows and itsprogeny shall be recovered from the accused for a period of one year or till to release of the cow andi ts progeny in favour of the owner thereof whichever is earlier. (10) Where a person is prosecuted for committing abetting, or attempting to an offence under section 3, 5 and 8 of this Act and the beef or cow-remains in the possesion of the accused has been prooved by the prosecution and transported things are confirmed to be beef by the competent authority or authorized labarotary, then the court shall presume that such person has committed such offence or attempt or abettment of such offence, as the case may be, unless the contrary is proved. (11) Where the provision of this act or the related rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the code of criminal procedure, 1973 shall be effective thereto.]

1[5A. (1) No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act from any place within the State to any place outside the State, except under a permit issued by an officer authorized by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit. (2) Such officer shall issue the permit on payment of such fee not exceeding 2[five hundred rupees ] for every cow, bull or bullock as may be prescribed : Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period not exceeding six months as may be specified in the permit. (3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified in the permit, he shall be deemed to have contravened the provision of sub-section (1). (4) The form of permit, the form of application therefor and the procedure for disposal of such application shall be such as may be prescribed. (5) The State Government or any officer authorized by it in this behalf by general or special notified order, may, at any time for the purpose of satisfying itself or himself, as to the legality or propriety of the action taken under this section, call for and examine the recored of any case and pass such orders thereon as it or he may deem fit.] 3[(6) Where the said conveyance has been confirmed to be related to beef by the competent authority or authorised labarotary under this act, the driver, operator and owner related to transport, shall be charged with the offence under this act, unless it is not prooved that transport medium used in crime, despite all its precautions and without its knowledge, has been used by some other person for causing the offence. (7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do proceedings of the confiscation and released, as the case may be. (8) The cow and its progeny or the beef transported by the seized vehicle shall also be confiscated and seized by the Law Enforcement Officer. The concerned District Magistrate/Commisioner will do all proceedings of the confiscated and release as the case may be. (9) The expenditure on the maintenance of the seized cows and itsprogeny shall be recovered from the accused for a period of one year or till to release of the cow andi ts progeny in favour of the owner thereof whichever is earlier. (10) Where a person is prosecuted for committing abetting, or attempting to an offence under section 3, 5 and 8 of this Act and the beef or cow-remains in the possesion of the accused has been prooved by the prosecution and transported things are confirmed to be beef by the competent authority or authorized labarotary, then the court shall presume that such person has committed such offence or attempt or abettment of such offence, as the case may be, unless the contrary is proved. (11) Where the provision of this act or the related rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the code of criminal procedure, 1973 shall be effective thereto.]

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